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Jordan v. United States

March 4, 2009

TERRI JORDAN ET AL
v.
UNITED STATES OF AMERICA



CIVIL MINUTES - GENERAL

Present: The Honorable FLORENCE-MARIE COOPER

Alicia Mamer Not Reported N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Proceedings: ORDER re MOTION FOR RETURN OF SEIZED PROPERTY (In Chambers)

The matter is before the Court on a Motion for Return of Seized Property (docket no. 1), filed on January 21, 2009. The instant Motion was filed pursuant to Federal Rule of Criminal Procedure 41(g). In the absence of a pending criminal proceeding at the time of filing, the Court is required to treat a 41(g) motion as a civil complaint. United States v. Ritchie, 342 F.3d 903, 906 (9th Cir. 2003) ("If a Rule [41(g)] motion is filed when no criminal proceeding is pending, the motion is treated as a civil complaint seeking equitable relief." (citing United States v. Martinson, 309 F.2d 1364, 1367 (9th Cir. 1987))). Accordingly, the Court treats the instant Motion (docket no. 1) as a civil complaint.

The Federal Rules of Civil Procedure "apply to each stage of the proceedings." United States v. Ibrahim, 522 F.3d 1003, 1007 (9th Cir. 2008). When the United States is a defendant in a civil action, service must be effected in accordance with the requirements set out in Federal Rule of Civil Procedure 4(i). Here, there is no evidence of compliance with Rule 4(i).

Rather than dismiss for this apparent defect in service, the Court orders Claimants to provide proof of effective service of process on the government in accordance with Rule 4(i). Pursuant to Rule 12(a)(2), the government shall serve a response within 60 days after service.

N/A Initials of Preparer AM

20090304

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