U.S. Court of Appeals for the Sixth Circuit
Harris v. United States
This writing
- Type
- Opinion of the Court
- Filed
- April 29, 2002
- Case
- Harris v. United States
- Case status
- Decided
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Opening text
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Gary Harris appeals a district court grant of summary judgment for the government in this action for return of property seized by the government filed under Fed.R.Crim.P. 41(e). This case has been referred to a panel of the court pursuant to Rule 84(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a). Harris filed his complaint by counsel in the district court alleging that, in September 1999, the government pursuant to a search warrant obtained without probable cause seized property to which he is entitled. The government moved to dismiss the complaint or for summary judgment, and plaintiff responded in opposition and gave notice to the government that he would be acting pro se. The magistrate judge recommended that the government’s motion be denied and directed the government to file an answer to plaintiffs complaint. After the government filed its answer, it filed a second motion for summary judgment. Plaintiff again responded in opposition and moved for summary judgment and to unseal an affidavit supporting the government’s application for the search warrant. The magistrate judge recommended t…
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