Riley v. U.S., 17-cv-01239-JPG. (2018)
Court: District Court, S.D. Illinois
Number: infdco20180503g27
Visitors: 20
Filed: May 02, 2018
Latest Update: May 02, 2018
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . Randall J. Riley has filed a motion to return seized property pursuant to Federal Rule of Criminal Procedure 41(g). (Docs. 1, 2.) That rule allows a person to move for the return of their deprived property and instructs that "[t]he court must receive evidence on any factual issue necessary to decide the motion." The Government has since filed a response indicating that the property in question was never in its possession, nor was it s
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . Randall J. Riley has filed a motion to return seized property pursuant to Federal Rule of Criminal Procedure 41(g). (Docs. 1, 2.) That rule allows a person to move for the return of their deprived property and instructs that "[t]he court must receive evidence on any factual issue necessary to decide the motion." The Government has since filed a response indicating that the property in question was never in its possession, nor was it se..
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MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
Randall J. Riley has filed a motion to return seized property pursuant to Federal Rule of Criminal Procedure 41(g). (Docs. 1, 2.) That rule allows a person to move for the return of their deprived property and instructs that "[t]he court must receive evidence on any factual issue necessary to decide the motion." The Government has since filed a response indicating that the property in question was never in its possession, nor was it seized pursuant to Rule 41. (See Doc. 11.) Rather, state authorities obtained these items pursuant to a state warrant, and a state court has since ordered them released, with the exception of any firearms and stolen contraband. (Doc. 11-1.) Because this matter does not implicate Rule 41(g) or the United States, the Court DISMISSES this case and any pending motions therein for want of jurisdiction. The Court DIRECTS the Clerk of Court to close this case.
IT IS SO ORDERED.
Source: Leagle
