United States Seventh Circuit

In a pro se defendant's pleading filed in the district court, captioned "replevin," seeking return of his property seized by an IRS agent during execution of a search warrant, district judge's dismissal on the ground that it was "equivalent" to the Rule 41(g) motion previously denied by a magistrate judge is affirmed as the pleading was properly denied, but not on the ground decided by the district judge, as it was a bona fide civil complaint and not a Rule 41(g) motion, but it had no possible merit.

Appellate Information

• Decided 05/05/2010
• Published 05/05/2010

Judges

• POSNER, Circuit Judge., Before BAUER, POSNER, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• James A. Stuart, Jr., Delafield, WI, pro se.


• For Appellees:
  
• Steven K. Uejio, Attorney, Department of Justice, Tax Division, Appellate Section, Washington, DC, for Defendant-Appellee.