U.S. v. HERNANDEZ, 08-CR-53. (2013)
Court: District Court, E.D. Wisconsin
Number: infdco20130821g04
Visitors: 3
Filed: Aug. 20, 2013
Latest Update: Aug. 20, 2013
Summary: DECISION AND ORDER RUDOLPH T. RANDA, District Judge. The defendant, Sergio Hernandez, filed a motion for the return of property under Federal Rule of Criminal Procedure 41(g). Postjudgment motions under Rule 41(g) are civil actions subject to the Prison Litigation Reform Act. United States v. Stevens, 500 F.3d 625 , 628 (7th Cir. 2007). To proceed with such an action, Hernandez must file a separate lawsuit and pay the filing fee (or use the partial payment procedures of the PLRA, 28 U.S.C.
Summary: DECISION AND ORDER RUDOLPH T. RANDA, District Judge. The defendant, Sergio Hernandez, filed a motion for the return of property under Federal Rule of Criminal Procedure 41(g). Postjudgment motions under Rule 41(g) are civil actions subject to the Prison Litigation Reform Act. United States v. Stevens, 500 F.3d 625 , 628 (7th Cir. 2007). To proceed with such an action, Hernandez must file a separate lawsuit and pay the filing fee (or use the partial payment procedures of the PLRA, 28 U.S.C. ..
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DECISION AND ORDER
RUDOLPH T. RANDA, District Judge.
The defendant, Sergio Hernandez, filed a motion for the return of property under Federal Rule of Criminal Procedure 41(g). Postjudgment motions under Rule 41(g) are civil actions subject to the Prison Litigation Reform Act. United States v. Stevens, 500 F.3d 625, 628 (7th Cir. 2007). To proceed with such an action, Hernandez must file a separate lawsuit and pay the filing fee (or use the partial payment procedures of the PLRA, 28 U.S.C. § 1915(b)). For now, the Court will DENY the motion [ECF No. 1553] without prejudice.
Source: Leagle
