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United States v. Holland, 96-1202 (1996)

Court: Court of Appeals for the First Circuit Number: 96-1202 Visitors: 6
Filed: Nov. 15, 1996
Latest Update: Mar. 02, 2020
Summary: Defendant, Appellee.Claimant, Appellant.and Stahl, Circuit Judge., ____, Richard L. Hoffman, Assistant United States Attorney, with, __________________, whom Donald K. Stern, United States Attorney, was on brief, for, _______________, the United States.stay in the district court.
USCA1 Opinion




[NOT FOR PUBLICATION] [NOT FOR PUBLICATION]



UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
_________________________


No. 96-1202

UNITED STATES OF AMERICA,
Plaintiff, Appellee,

v.

THE ONE-SIXTH SHARE OF JAMES J. BULGER
IN ALL PRESENT AND FUTURE PROCEEDS OF
MASS MILLIONS LOTTERY TICKET NO. M246233,
REGISTERED IN THE NAME OF MICHAEL LINSKEY,
Defendant, Appellee.
____________________

JEAN HOLLAND,
Claimant, Appellant.
____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Douglas P. Woodlock, U.S. District Judge] ___________________

____________________

Before

Selya, Circuit Judge, _____________

Aldrich, Senior Circuit Judge, ____________________

and Stahl, Circuit Judge. _____________

____________________


Martin S. Cosgrove, with whom Cosgrove, Eisenberg & Kiley, ___________________ _____________________________
P.C. was on brief, for appellant. ____
Richard L. Hoffman, Assistant United States Attorney, with __________________
whom Donald K. Stern, United States Attorney, was on brief, for _______________
the United States.

____________________


November 13, 1996

____________________














Per Curiam. On this record, the putative claimant, Per Curiam. ___________

appellant here, lacks standing to file a claim or object to the

forfeiture. Consequently, the district court did not err in

granting the government's motion to dismiss her claim. The

appellant's request for a stay pending the determination of her

appeal from the denial of her application to be appointed as

receiver for James J. Bulger, now pending in the Massachusetts

Appeals Court, is denied, as she never timely requested such a

stay in the district court. Should the appellant eventually

succeed in securing an appointment as receiver, she may move in

the district court under Fed. R. Civ. P. 60(b) for appropriate

relief from the federal judgment.

We need go no further. The judgment is



Affirmed. See 1st Cir. R. 27.1. ________
























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Source:  CourtListener

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