Opinion
08-20-2013
UNITED STATES OF AMERICA, Plaintiff, v. SERGIO HERNANDEZ, Defendant.
DECISION AND ORDER
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.
Dated at Milwaukee, Wisconsin, this 20th day of August, 2013.
BY THE COURT:
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HON. RUDOLPH T. RANDA
U.S. District Judge