Motion to Proceed In Forma Pauperis — Vernell Moore, Petitioner v. United States

No. 24-__________

In the

Supreme Court of the United States

______________

VERNELL MOORE,

Petitioner,

v.

UNITED STATES OF AMERICA,

______________

Respondent.

MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS

______________

Petitioner asks for leave to file the attached Petition for a Writ of Certiorari

without prepayment of costs and to proceed in forma pauperis. For cause, Petitioner

states as follows:

1.

Petitioner has previously been granted leave to proceed in forma

pauperis in U.S. District Court for the Eastern District of Tennessee, Southern

Division and the Sixth Circuit Court of Appeals.

2.

Undersigned counsel has been appointed to represent Petitioner

pursuant to the Criminal Justice Act of 1964, 18 U.S.C. section 36006A, twice, which

is evidenced by the following documents:

a. Order Granting Appointment of New Counsel, Timothy L. Mickel in

the U.S. District Court, Eastern District of Tennessee at

Chattanooga, dated July 1, 2021, Record Entry 146, Page ID #: 763;

and

2

b. Ruling [non-document] to extend Timothy L. Mickel appointment

under the Criminal Justice Act automatically extended in the United

States Court of Appeals for the Sixth Circuit, dated July 28, 2023,

Record Entry 3.

Documents reflecting these appointments are appended hereto.

Respectfully submitted,

BY: /s/Timothy L. Mickel

TIMOTHY L. MICKEL

Counsel of Record

EVANS HARRISON HACKETT PLLC

One Central Plaza, Suite 800

835 Georgia Avenue

Chattanooga, TN 37402

Phone: (423) 648-7890

Fax: (423) 648-7987

tmickel@ehhlaw.com

Counsel for Petitioner

November 13, 2024

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

UNITED STATES OF AMERICA

v.

Case No.: 1:20−cr−00070−CLC−SKL

VERNELL MOORE

ORDER

The Court finds that defendant, Vernell Moore, does not have the funds to retain an attorney of

defendant's choice and that defendant wants to be represented by counsel. As a condition of the appointment

of counsel to represent defendant, the Court reserves the right to require the defendant to repay the

government the reasonable value of the services rendered to defendant by the appointed counsel and any

expenses in connection therewith. Accordingly, it is ORDERED the following counsel will be appointed to

represent defendant:

Timothy L Mickel

Evans Harrison Hackett PLLC

One Central Plaza

835 Georgia Avenue, Suite 800

Chattanooga, TN 37402

(423)−648−7858

ENTER.

s/Susan K Lee

UNITED STATES MAGISTRATE JUDGE

Case 1:20-cr-00070-CLC-SKL Document 146 Filed 07/01/21 Page 1 of 1 PageID #: 763

(1 of 29)

Selected docket entries for case 23−5674

Generated: 04/16/2024 09:16:26

Filed

Document Description

07/28/2023 1 Case Opening Letter

07/28/2023

07/28/2023

07/31/2023 4 appearance form

08/14/2023

08/15/2023 6 appearance form

08/15/2023

08/15/2023

08/29/2023

08/29/2023

09/28/2023

09/29/2023 12 Briefing Letter

Page

Docket Text

3 Criminal Case Docketed. Notice filed by Appellant Vernell

Moore. Transcript needed: y. (LTK)

The case manager for this case is: Leon Korotko. (LTK)

RULING [non−document] to extend appointment of Mr.

Timothy L. Mickel for Vernell Moore as counsel under the

Criminal Justice Act. (LTK)

6 APPEARANCE filed for Appellee USA by Kevin T.

Brown. Certificate of Service: 07/31/2023. [23−5674]

(KTB)

NOTICE: The initial transcript order has not been

completed. If not completed by 08/17/2023 further action

will be taken. (LTK)

7 APPEARANCE filed for Appellant Vernell Moore by

Timothy L Mickel. Certificate of Service: 08/15/2023.

[23−5674] (TLM)

TRANSCRIPT ordered from Ms. Elizabeth Coffey, filed

by Mr. Timothy L. Mickel for Vernell Moore. [7] ; −−−−−

This is to order a transcript of the following proceedings

and to certify that satisfactory financial arrangements have

been completed −−−−− Transcript ordered on: 08/15/2023 ;

District Court Judge/Magistrate: Hon. Curtis L. Collier ;

Hearing Dates: July 13, 2023 Sentencing Hearing ; Method

of Payment: Criminal Justice Act CJA−24 Authorization

Date: 07/28/2023 ; ; Court reporter acknowledgement is

due in 14 days. Certificate of Service: 08/15/2023.

[23−5674] (TLM)

NOTIFICATION: Setting acknowledgement deadline,

relating to transcript order, [7]. Elizabeth Coffey's

acknowledgement is due 08/29/2023. (GSA)

Court Reporter Acknowledgement filed by Ms. Elizabeth

Coffey, for transcript [7] ; Arrangements for payment were

made on 08/29/2023 ; Estimated completion date:

09/29/2023 ; Estimated number of pages: 62. [23−5674]

(EC)

NOTIFICATION: Setting transcript deadline, relating to

transcript order, [7] Transcript to be filed in district court

by Elizabeth Coffey by 09/28/2023. (VLP)

Transcript, [7], has been filed in the District Court on

09/28/2023 ; Court Reporter: Ms. Elizabeth Coffey ; Actual

Number of Pages: 62 ; Actual Number of Volumes: 1 ;

[23−5674] (EC)

8 BRIEFING LETTER SENT setting briefing schedule:

appellant brief due 11/08/2023; appellee brief due

12/08/2023. (LTK)

(2 of 29)

11/01/2023 13 motion

11/02/2023 14 clerk order filed

11/02/2023 15 Reset Briefing Schedule Letter

01/02/2024

01/03/2024 20 Briefing Letter

14 MOTION filed by Mr. Timothy L. Mickel for Vernell

Moore to extend time to file brief. Certificate of Service:

11/01/2023. [23−5674] (TLM)

17 ORDER filed GRANTING motion to extend time to file

brief [13] filed by Mr. Timothy L. Mickel. Resetting

briefing schedule: appellant brief now due 12/15/2023,

appellee brief now due 01/16/2024. (LTK)

18 BRIEFING LETTER SENT resetting briefing schedule:

appellant brief now due 12/15/2023. appellee brief now due

01/16/2024. (LTK)

Transcript, [16], has been filed in the District Court on

01/02/2024 ; Court Reporter: Ms. Elizabeth Coffey ; Actual

Number of Pages: 17 ; Actual Number of Volumes: 1 ;

[23−5674] (EC)

24 BRIEFING LETTER SENT setting briefing schedule:

appellant brief due 02/12/2024;. appellee brief due

03/13/2024. (LTK)