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PEÑA v. U.S.

No. 96-50644.

122 F.3d 3 (1997)

Samuel Fiacro PEÑA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 26, 1997.

Attorney(s) appearing for the Case

Samuel Fiacro Pena, El Paso, TX, pro se.

Richard L. Durbin, Jr., Asst. U.S. Attorney, Walter David Counts, Inc., San Antonio, TX, for Defendant-Appellee.

Before POLITZ, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.

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...

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