JAMES A. TEILBORG, District Judge.
Pending before the Court is Petitioner Meagan McCraw's Request for Hearing (Doc. 1101) to adjudicate the validity of her interest in property criminally forfeited to the United States. The Court now rules on the petition.
On October 15, 2012, the Court entered a preliminary order of forfeiture which authorized the United States to seize certain property owned by Danny Cruz Morones. (Doc. 785). This property included a "HOWA, Model 1500, 308 caliber rifle" with serial number B195035 and "Taurus, Model, The Judge, 45 caliber revolver" (collectively, the "Property").
Petitioner filed a Request for Hearing with this Court, seeking "a hearing to adjudicate the validity of her interest in seized properties." (Doc. 1101 at 1). Petitioner's document contains a request for a hearing, recites the Property in which she claims an interest, and is signed. (Id.)
The United States aptly points out that Petitioner failed to sign her Request for Hearing under penalty of perjury. (Doc. 1129 at 3). 21 U.S.C. § 853(n)(3) requires a petition for a hearing to adjudicate the validity of interest in forfeited property to "be signed by the petitioner under penalty of perjury." Federal Rule of Criminal Procedure 32.2(c)(1)(A) permits the Court to "on motion, dismiss the petition for lack of standing, for failure to state a claim, or for any other lawful reason." Petitioner's procedural defect prevents her from having stated a valid claim for an adjudicatory hearing.
For the foregoing reasons,