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· 3/7/2003

William Longenette v. Peter Krusing William E. Perry, Special Agent Fbi Federal Bureau of Investigation

Citations

  • 322 F.3d 758
  • 2003 U.S. App. LEXIS 4252
  • 2003 WL 911485

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that in the context of an administrative forfeiture proceeding under the Tariff Act of 1930 “[b]ecause neither the statute nor the regulations require ‘actual receipt,’ Houston mandates the prison mailbox rule’s applicability.”
  • noting that rule does not apply where “statutory or regulatory schemes ... clearly required actual receipt by a specific date.”
  • noting that the prison mailbox rule applies to contexts other than habeas petitions, including an action in which the plaintiff contested the administrative forfeiture of his personal property
  • applying the prison-mailbox rule to ownership claims in administrative forfeiture proceed- ings because “neither the statute nor the regulations require ‘actual receipt’”
  • applying the prison mailbox rule where the applicable statute and regulations failed to “require ‘actual receipt’”
  • applying the prison-mailbox rule to ownership claims in administrative forfeiture proceed- ings because “neither the statute nor the regulations require ‘actual receipt’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Becker, McKEE, Scirica

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.