Harris v. United States

COOPER, District Judge.

Petitioner, applying pro se, moves for an order directing the Clerk of this Court to refund the fifteen dollar fee paid under protest for filing motion 68 Civ. 4574 under 28 U.S.C. § 2255, or in the alternative directing the Clerk to refund ten dollars of the aforesaid fee. Motion denied.

Petitioner asserts two grounds for relief: First, that the Clerk erred in requiring filing pursuant to 28 U.S.C. § 2255, rather than pursuant to Rule 35, F.R.Crim.P., of his motion to vacate and set aside sentence. Second, that the Clerk is not authorized to charge fifteen dollars for…