Danyla v. USA, No. 5:2017cv00025 - Document 3 (E.D. Ky. 2017)

Court Description: 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).

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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.

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