Irvin v. USA

Filing 2

ORDER OF DISMISSAL that this Bivens action is DISMISSED WITH PREJUDICE; the Clerk is directed to file a copy of Plaintiff's Complaint 1 as Plaintiff's Rule 41(g) Motion in United States v. Irvin, 4:05CR00054-1-JLH; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 3/23/10. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION KENNETH RAY IRVIN REG #23587-009 V. UNITED STATES OF AMERICA ORDER OF DISMISSAL Plaintiff, Kenneth Ray Irvin, is a prisoner in the Federal Correctional Institution located in Memphis, TN. See docket entry #1. On February 16, 2010, he commenced this Bivens action alleging that Defendant United States of America violated his constitutional rights when it seized his vehicle during the course of his criminal trial in United States v. Irvin, 4:05CV00054-1 JLH (Eastern District of Arkansas). Id. The proper procedure for seeking the return of property seized during a criminal proceeding is to file a Motion, in the criminal case, pursuant to Fed. R. Crim. P. 41(g). IT IS THEREFORE ORDERED THAT: 1. 2. This Bivens action is DISMISSED, WITH PREJUDICE. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma 4:10CV00107 SWW DEFENDANT PLAINTIFF

pauperis appeal from this Order of Dismissal and the accompanying Judgment would not be taken in good faith. 3. The Clerk is directed to file a copy of Plaintiff's Complaint (docket entry #1) as

Plaintiff's Rule 41(g) Motion in United States v. Irvin, 4:05CR00054-1 JLH. Dated this 23rd day of March, 2010. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE