United States First Circuit

In a claim by plaintiff for return of seized but not forfeited property as barred by the statute of limitations, government's motion for summary affirmance is granted where: 1) the six-year limitations period under 28 U.S.C. section 2401(a) applies to Rule 41(g) claims; and 2) in circumstances where there has been a related criminal proceeding but no civil forfeiture proceeding, the cause of action accrues at the end of the criminal proceeding.

Appellate Information

• Decided 08/14/2008
• Published 08/14/2008

Judges

• PER CURIAM., Before BOUDIN, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Israel Santiago-Lugo on brief, pro se.


• For Appellees:
  
• Anita J. Gay on motion for summary dismissal, for respondent.