Danyla v. USA

Filing 3

MEMORANDUM OPINION AND ORDER: Danyla's motion for return of property 1 is DENIED WITHOUT PREJUDICE. This matter is STRICKEN from the active docket. Signed by Judge Karen K. Caldwell on 1/8/2017.(STC)cc: Petitioner Modified on 1/18/2017 (STC).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION at LEXINGTON
VISMANTAS DANYLA,
Petitioner,
V.

Civil Action No. 5: 17-25-KKC
MEMORANDUM OPINION
AND ORDER

UNITED STATES,
Respondent.
Vismantas Danyla is a federal prisoner confined at the Moshanon Valley Correctional
Center in Philipsburg, Pennsylvania. Danyla has filed a one-page motion in this Court requesting
the return of his passport, green card, and other documents seized upon his arrest pursuant to
Federal Rule of Criminal Procedure 41(g). [R. 1] The Clerk of the Court has administratively
docketed Danyla’s motion as a civil action.
However, Danyla was sentenced to a 60-month prison term in October 2016 by the United
States District Court for the Western District of Kentucky in Louisville, Kentucky. United States
v. Danyla, No. 3: 16-CR-50-TBR-CHL-1 (W.D. Ky. 2016). Danyla’s motion is therefore directed
to the wrong court, and the Court must deny his motion. If Danyla files a renewed motion in the
Western District, he should refer to Case No. 16-CR-50 in his motion to ensure proper filing.
Accordingly, IT IS ORDERED that Danyla’s motion for return of property [R. 1] is
DENIED WITHOUT PREJUDICE. This matter is STRICKEN from the active docket.
Entered January 18, 2017.