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United States Second Circuit

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Bertin v. US, 05-4503

In case arising from efforts to obtain return of personal effects seized when plaintiff was arrested, dismissal of plaintiff's claims for failure exhaust his administrative remedies as required by 28 U.S.C. section 2401(b) is affirmed as: 1) to the extent plaintiff's claim falls under the FTCA, it is barred by sovereign immunity; and 2) to the extent the claim is read as a motion to return property under Rule 41(g), Fed. R. Crim. P., it was filed more than ten years after it accrued and is time-barred.

Appellate Information

  • Decided 02/26/2007
  • Published 02/26/2007

Judges

  • JACOBS, Chief Judge., Before JACOBS, Chief Judge, POOLER, Circuit Judge, and KORMAN, District Judge.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Ibinga Bertin, Miami, Florida, pro se.

  • For Appellees:
  • Varuni Nelson, Assistant United States Attorney (Sarah Lum, Assistant United States Attorney, of counsel;  Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, on the brief), United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Defendant-Appellee.
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