IN RE LEE ALPHONSO MOORE, PETITIONER

   No. 90-7728

   In The Supreme Court Of The United States

   October Term, 1990

   On Petition For A Writ Of Mandamus To The United States Court Of
Appeals For The Seventh Circuit

   Memorandum For The United States In Opposition

   Petitioner contends that this Court should issue a writ of mandamus
compelling the Seventh Circuit to decide his motion for leave to
proceed in forma pauperis on appeal.

   Following a jury trial in the United States District Court for the
Southern District of Illinois, petitioner was convicted of kidnapping,
in violation of 18 U.S.C. 1201(a)(1).  He was sentenced to 50 years'
imprisonment.  The court of appeals affirmed, 804 F.2d 144 (7th Cir.
1986) (Table), and this Court denied certiorari, 482 U.S. 918 (1987).
Thereafter, petitioner moved to vacate his conviction and sentence
pursuant to 28 U.S.C. 2255, and the district court denied the motion.

   Petitioner took an appeal from the denial of his Section 2255
motion and moved the district court for leave to proceed in forma
pauperis on appeal.  The district court denied the motion on January
5, 1990, because of petitioner's failure to file a statement of the
issues he intended to raise on appeal, as required by Fed. R. App. P.
24(a).  On January 22, 1990, petitioner renewed his motion for leave
to proceed in forma pauperis on appeal in the court of appeals, and on
January 23, 1991, he directed a motion to Seventh Circuit Judge
Richard D. Cudahy to expedite consideration of his request for leave
to proceed in forma pauperis.  /*/ We are informed by the office of
the clerk of the Seventh Circuit that petitioner's motion for leave to
proceed in forma pauperis on appeal was denied on May 13, 1991, after
the filing of the instant petition for a writ of mandamus.

   Since the court of appeals has now decided petitioner's motion for
leave to proceed in forma pauperis, his petition for a writ of
mandamus is moot.

   It is therefore respectfully submitted that the petition for a writ
of mandamus should be denied.

   KENNETH W. STARR

      Solicitor General

   MAY 1991

   /*/ On June 13, 1990, petitioner filed a motion with this Court,
directed to Justice Stevens, for an order instructing the clerk for
the Seventh Circuit to docket his appeal.  On June 25, 1990, the clerk
of this court, regarding the motion as a petition for a writ of
certiorari, returned the motion papers to petitioner because of his
failure to exhaust lower court remedies, and because of his failure to
comply with the rules governing the format for a certiorari petition.