United States v. Metz ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-30439
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GLENN METZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 92-469
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April 2, 1998
Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Glenn Metz, federal inmate #28118-048, appeals the district
court’s denial of his Fed. R. Crim. P. 41(e) motion requesting
the return of property. We have carefully reviewed the arguments
and appellate record. We construe his Rule 41(e) motion as a
civil complaint seeking equitable relief and treat the district
court’s denial of the motion as a summary judgment. See United
States v. Robinson, 78 F.3d 172, 174 (5th Cir. 1996). We
conclude that Metz failed to meet his summary-judgment burden in
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 97-30439
-2-
demonstrating ownership of specified property. See Little v.
Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994) (en banc).
AFFIRMED.