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Mehmood v. United States Postal Inpection Service

United States District Court, Ninth Circuit

November 20, 2013

YASIR MEHMOOD, Plaintiff,
v.
UNITED STATES POSTAL INPECTION SERVICE, et al., Defendants.

ORDER

CAROLYN K. DELANEY, Magistrate Judge.

Mr. Mehmood is a federal pretrial detainee proceeding pro se. He has filed a civil complaint in which he seeks return of $51, 000 seized from him by a United States Postal Inspection Service (USPIS) officer on March 9, 2013 when Mr. Mehmood was arrested. It appears the money was seized under United States asset forfeiture law.

A review of court records reveals Mr. Mehmood is a defendant in 2:12-cr-0154 JAM. It also appears that, by way of criminal indictment filed in 2:12-cr-0154 JAM, the United States is seeking forfeiture of the $51, 000 referenced in Mr. Mehmood's complaint. See ECF No. 107 at 10 in 2:12-cr-0154 JAM. That being the case, any issue Mr. Mehmood might have with the forfeiture of the property at issue must be raised in his criminal case. Furthermore, a civil action in this court commenced by Mr. Mehmood is not the appropriate method for challenging asset forfeiture under United States law. See 18 U.S.C. § 983; 39 C.F.R. § 233.9.[1]

For these reasons, IT IS HEREBY ORDERED that the Clerk of the Court close this case.


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