GLOUSER v. VAN ALSTINE

No. 17263.

313 F.2d 199 (1963)

Larry C. GLOUSER, Petitioner, v. F. E. VAN ALSTINE, Clerk of the United States District Court for the Southern District of Iowa, Respondent.

United States Court of Appeals Eighth Circuit.

February 12, 1963.


Attorney(s) appearing for the Case

Larry C. Glouser, petitioner, pro se.

Before JOHNSEN, Chief Judge, and MATTHES, Circuit Judge.


PER CURIAM.

Petitioner seeks a writ of mandamus to require respondent, as Clerk of the District Court for the Southern District of Iowa, to make filing, as a motion under Rule 35, Federal Rules of Criminal Procedure, 18 U.S.C.A., in petitioner's criminal case, of an instrument captioned by him "Motion to Correct Illegal Sentence".

According to petitioner, respondent takes the position that the instrument, despite its caption, is not a matter which petitioner...

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