Haberman v. United States

PER CURIAM: *

Lawrence Alan Haberman, federal prisoner # 36897-177, appeals from the order of the district court dismissing his constructive civil action as frivolous pursuant to 28 U.S.C. § 1915A. In a pleading captioned as a motion pursuant to Rule 41(g) of the Federal Rules of Criminal Procedure, Haberman sought the return of $24,474.80 that was ordered forfeited in a supplemental preliminary order of forfeiture. The district court construed the motion as an independent civil action and dismissed the action on the merits.

On appeal, Haberman contends that the district court erred by…