WOOD v. UNITED STATES OF AMERICA

Filing 2

ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 07/09/2013, that in forma pauperis status is granted for the sole purpose of entering this Order. The Clerk is instructed to send Plaintiff Mot ion for Return of Property forms, instructions, an application to proceed in forma pauperis, and a copy of pertinent parts of Fed. R. Civ. P. 8 (i.e. Sections (a) & (d)). RECOMMENDED that this action be filed and dismissed sua sponte without prejudice to Plaintiff filing a civil complaint, on the proper Motion for Return of Property forms, which corrects the defects cited above.(Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

CHUCKIE DALE WOOD,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant(s).

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1:13CV212

ORDER AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Plaintiff, a federal prisoner, has submitted a Motion for Return of Property pursuant
to Fed. R. Crim. P. 41(g). Such a motion filed after the completion of criminal proceedings
is a civil action subject to the fee provisions of 28 U.S.C. § 1915. See United States v. Jones,
215 F.3d 467 (4th Cir. 2000). In this case, Plaintiff has failed to submit either the $350.00
filing fee or an application to proceed in forma pauperis. In addition, Plaintiff’s Motion is
not on the required form for this Court. This Motion should, therefore, be dismissed without
prejudice to Plaintiff submitting his action on the proper forms along with either the $350.00
filing fee or a completed application to proceed in forma pauperis. To assist Plaintiff, the
Clerk will send Plaintiff the Motion for Return of Property forms, instructions and an
application to proceed in forma pauperis.
In forma pauperis status is granted for the sole purpose of entering this Order and
Recommendation.

IT IS THEREFORE ORDERED that in forma pauperis status is granted for the sole
purpose of entering this Order. The Clerk is instructed to send Plaintiff Motion for Return
of Property forms, instructions, an application to proceed in forma pauperis, and a copy of
pertinent parts of Fed. R. Civ. P. 8 (i.e. Sections (a) & (d)).
IT IS RECOMMENDED that this action be filed and dismissed sua sponte without
prejudice to Plaintiff filing a civil complaint, on the proper Motion for Return of Property
forms, which corrects the defects cited above.
This, the 9th day of July, 2013.

/s/ Joi Elizabeth Peake
United States Magistrate Judge

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