U.S. v. Roberts, 12-CR-259. (2016)
Court: District Court, E.D. Wisconsin
Number: infdco20160511e71
Filed: May 09, 2016
Latest Update: May 09, 2016
Summary: DECISION AND ORDER RUDOLPH T. RANDA , District Judge . Andrae Roberts filed a motion for the return of property under Federal Rule of Criminal Procedure 41(g). A post-conviction Rule 41(g) motion must be filed as a separate civil action and comply with the Prison Litigation Reform Act. See United States v. Stevens, 500 F.3d 625 , 629 (7th Cir. 2007). The basis for jurisdiction is 28 U.S.C. 1331. See Bailey v. United States, 508 F.3d 736 , 738 (5th Cir. 2007). Roberts' motion [ECF N
Summary: DECISION AND ORDER RUDOLPH T. RANDA , District Judge . Andrae Roberts filed a motion for the return of property under Federal Rule of Criminal Procedure 41(g). A post-conviction Rule 41(g) motion must be filed as a separate civil action and comply with the Prison Litigation Reform Act. See United States v. Stevens, 500 F.3d 625 , 629 (7th Cir. 2007). The basis for jurisdiction is 28 U.S.C. 1331. See Bailey v. United States, 508 F.3d 736 , 738 (5th Cir. 2007). Roberts' motion [ECF No..
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DECISION AND ORDER
RUDOLPH T. RANDA, District Judge.
Andrae Roberts filed a motion for the return of property under Federal Rule of Criminal Procedure 41(g). A post-conviction Rule 41(g) motion must be filed as a separate civil action and comply with the Prison Litigation Reform Act. See United States v. Stevens, 500 F.3d 625, 629 (7th Cir. 2007). The basis for jurisdiction is 28 U.S.C. § 1331. See Bailey v. United States, 508 F.3d 736, 738 (5th Cir. 2007).
Roberts' motion [ECF No. 40] is DENIED.
SO ORDERED.
Source: Leagle
