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United States v. Green

United States District Court, E. D. Tennessee, Winchester Division
Mar 27, 1967
42 F.R.D. 351 (E.D. Tenn. 1967)

Opinion

         Proceeding on document which appeared to be motion for reduction in sentence. The District Court, Neese, J., held that prisoner's wife who was not party of record to action had no standing to move for a reduction in sentence imposed on the prisoner.

         Petition stricken.

          Joe S. Bean, Winchester, Tenn., for plaintiff.

          John S. Reddy, U.S. Atty., Chattanooga, Tenn., for defendant.


         ORDER

         NEESE, District Judge.

         Mrs. Rosie Green, ostensibly the wife of this prisoner, has filed a document entitled ‘ Petition for Clemency for Husband, Paul Green’, which appears to be a motion for a reduction in the sentence imposed on the prisoner on January 30, 1967. Rule 35, Federal Rules of Criminal Procedure. Mrs. Green is not a party of record to this action.

          A person who is not a party of record to a lawsuit has no standing therein which enables him or her to take part in the proceedings. 39 Am.Jur. 928, Parties, § 55. Accordingly, the aforesaid petition of Mrs. Green hereby is

         Stricken.


Summaries of

United States v. Green

United States District Court, E. D. Tennessee, Winchester Division
Mar 27, 1967
42 F.R.D. 351 (E.D. Tenn. 1967)
Case details for

United States v. Green

Case Details

Full title:UNITED STATES of America, Plaintiff, v. Paul GREEN, Defendant.

Court:United States District Court, E. D. Tennessee, Winchester Division

Date published: Mar 27, 1967

Citations

42 F.R.D. 351 (E.D. Tenn. 1967)

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