Ugwu v. United States of America
| Emmanuel Ugwu |
| United States of America |
| 1:2019cv09239 |
| October 4, 2019 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Drug Related Seizure of Property |
| 18 U.S.C. ยง 3114 |
| None |
Docket Report
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| Document Text |
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| Mailed a copy of #1 Order, to Emmanuel Ugwu ID No. 67162-019 Moshannon Valley Correctional Institution 555-I Geo Drive Philipsburg, PA 16866. (vba) |
| Transmission to Docket Assistant Clerk. Transmitted re: #1 Order, to the Docket Assistant Clerk for case processing. (rdz) |
Filing 4
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION AND PRISONER AUTHORIZATION. The Clerk of Court is directed to mail a copy of this order to Plaintiff, and note service on the docket. Within thirty days of the date of this order, Plaintiff must either pay the $400.00 in fees or submit the attached IFP application and prisoner authorization forms. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed without prejudice. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/9/2019) (rjm). Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #4 Order 30 Days Other (case opening), to Emmanuel Ugwu ID No. 67162-019 Moshannon Valley Correctional Institution 555 Geo Drive Philipsburg, PA 16866. (vba) |
| Filing 2 MOTION FOR RETURN OF PROPERTY pursuant to Rule 41(e). [ Re: Criminal Case 1:15-cr-00417-VSB-1 ]. Document filed by Emmanuel Ugwu. (sac) |
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Filing 1
ORDER as to Emmanuel Chidi Ugwu. I am in receipt of Defendants motion for return of property pursuant to Fed. R. Crim. P. 41(g) filed under docket number 15 Cr. 417 (VSB) (See Dkt. 54), which was received in the Clerks Office on September 20, 2019. Defendant filed the motion under his criminal case, but because his criminal case is closed, the Court must liberally construe his papers as a new civil action. See United States v. Giovanelli, 998 F.2d 116, 118-19 (2d Cir. 1993) (where criminal proceedings against movant completed, district court should treat motion for return of seized property under Fed. R. Crim. P. 41(e) as new civil equitable proceeding); Mora v. United States, 955 F.2d 156, 158 (2d Cir. 1992) (same); Onwubiko v. United States, 969 F.2d 1392, 1397 (2d Cir. 1992) (same). The Clerks Office is directed to construe this motion as a new civil action and mail a copy of this order to the defendant Emmanuel Ugwu (Reg# 67162-019) at Moshannon Valley CI, 555-I Geo Drive, Philipsburg, PA 16866. (Signed by Judge Vernon S. Broderick on 10/4/2019) (sac)
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| CASE ACCEPTED AS RELATED. Create association to 1:15-cr-00417-VSB. (sac) |
| Case Designated ECF. (sac) |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sac) |
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| Plaintiff: Emmanuel Ugwu | |
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