Legal Opinion
Samuel Fiacro Pena v. United States
Court of Appeals for the Fifth Circuit
Decided August 26, 1997No. 96-50644PublishedCited by 30 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Prisoner Samuel Peña, proceeding pro se and in forma pauperis (“IFP”), seeks to appeal the district court’s refusal to order him compensated for the government’s destruction of his seized property. Concluding that his motion is a civil action and, therefore, that he is subject to the new requirements imposed upon prisoners proceeding IFP, we remand to allow the district court to rule on his appellate IFP application.
I
In June 1994, pursuant to a search warrant, federal officers searched the house of Samuel and Doris Peña for evidence of drug trafficking. They…
2Cases cited22 opinions
- DiBella v. United StatesSupreme Court of the United States · 1962
- Arthur X. Carson v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1997
- United States v. James Leroy MartinsonCourt of Appeals for the Ninth Circuit · 1987
- Patrick Neal Nerren v. Livingston Police Department Billy Ray Nelson, Sheriff and Bob Key, and Matthew Parrish, and Robert AlstonCourt of Appeals for the Fifth Circuit · 1996
- Louis Sager Hunsucker, Jr. v. Robert L. Phinney, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1974
17 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Larson v. ScottCourt of Appeals for the Fifth Circuit · 1998
- Fuqua v. WilliamsOhio Supreme Court · 2003
- Ralphael Okoro v. Randall BohmanCourt of Appeals for the Seventh Circuit · 1999
- Pena v. United StatesCourt of Appeals for the Fifth Circuit · 1998
- Clymore v. United StatesCourt of Appeals for the Fifth Circuit · 2000
25 more not listed; retrieve them via the Exa API.