Walter Leroy Foster v. United States

Petitioner, a prisoner in the United States Penitentiary at Marion, Illinois, filed a motion in the district court on July 6, 1964, to vacate sentence under 28 U.S.C. § 2255. This motion was accompanied by a motion for leave to proceed in forma pauperis in which petitioner stated under oath that “he is a poor person without funds or property, real or otherwise, with which to defray the necessary costs incurred in filing and procession [sic] the current motion.” Attached to the motion was a letter from the warden of the penitentiary stating that “we have checked his institutional account and…