USA v. Bowles

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
v. 	) 	Case No. 4:20-cr-00468-SEP
)
THOMAS J. BOWLES, 	)
)
Defendant. 	)
MEMORANDUM AND ORDER
Before the Court are Defendant Thomas J. Bowles’s Motion to Proceed in Forma
Pauperis, Doc. [275], and Motion to Compel and Produce Documents, Doc. [274]. Defendant
did not accompany his motions with any requests for collateral review of his conviction. For the
reasons set forth below, both motions will be denied as premature.
Defendant states that he needs the documents in his case file in order to prepare a 28
U.S.C. § 2255 motion, Doc. [274] at 1, and seeks leave to bring such a motion without paying
fees and costs, Doc. [275].
Defendant's request for IFP status will be denied because it does not pertain to any
petition, motion, or other application for substantive relief currently pending before the Court.
See United States v. Groce, 838 F. Supp. 411, 413 (E.D. Wis. 1993) (“28 U.S.C. § 1915(a) does
not authorize a party to proceed in forma pauperis” when the request is “disencumbered from a
pending action”). Defendant apparently intends to commence a post-conviction proceeding
under 28 U.S.C. § 2255 at some time in the future, but no such proceeding has been initiated as
yet. Because Defendant’s IFP application does not pertain to any other pending substantive
proceeding, his request for IFP status will be denied.
His motion for documents is likewise premature. The Eighth Circuit held in United
States v. Losing, 601 F.2d 351, 352 (8th Cir. 1979) (per curiam), that any request for documents
or transcripts “prior to the filing of a section 2255 complaint is premature.” Because Defendant
has not yet filed a motion for relief under § 2255, the Courts concludes that Defendant’s request
for documents is premature and will be denied.
If Defendant wishes to file a motion to vacate, set aside, or correct sentence pursuant to
28 U.S.C. § 2255, he may file a new civil action doing so. If he chooses to file such an action, he
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must file the motion on a Court-provided form. Defendant may then file any other appropriate
motion, such as a motion to proceed IFP, in that matter.
Accordingly,
IT IS HEREBY ORDERED that Defendant’s Motion to Compel and Produce
Documents, Doc. [274], is DENIED without prejudice.
IT IS FURTHER ORDERED that Defendant’s Motion to Proceed in Forma Pauperis,
Doc. [275] is DENIED without prejudice.
IT IS FINALLY ORDERED that the Clerk shall mail to Defendant Bowles a copy of
the Court’s form Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255.
Dated this 30th day of October, 2025.
SARAH E. PITLYK
UNITED STATES DISTRICT JUDGE
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