Alvarez v. United States

S.D. New York

Alvarez v. United States

757 F. Supp. 2d 393, 2010 U.S. Dist. LEXIS 137118, 2010 WL 5421491

CourtDistrict Court, S.D. New York

DecidedDecember 20, 2010

Docket10 Civ. 5249

StatusPublished

This text of 757 F. Supp. 2d 393 (Alvarez v. United States) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alvarez v. United States, 757 F. Supp. 2d 393, 2010 U.S. Dist. LEXIS 137118, 2010 WL 5421491 (S.D.N.Y. 2010).

Pincite

Opinion

DECISION AND ORDER

VICTOR MARRERO, District Judge.

Plaintiff Albert Vazquez Alvarez (“Alvarez”) brought this action as a motion pursuant to Federal Rule of Criminal Procedure 41(g) seeking the return of $750,000 in United States currency seized from him in connection with a law enforcement search and arrest. The Government opposes the motion and moves to dismiss the action on the ground that the instant dispute became moot when the Government commenced a civil forfeiture proceeding with respect to the same property, and that Alvarez has a remedy by filing a claim in that action challenging the lawfulness of the seizure. See, e.g., United States v. Price, 914 F.2d 1507, 1511 (D.C.Cir.1990); In re Motion for Return of all Monies Seized from Account 710707, No. M-8-85, 1991 WL 183363, 1991 U.S. Dist. LEXIS 12689 (S.D.N.Y. Sept. 10, 1991). Alvarez did not reply to the Government’s opposition. Accordingly, the Court GRANTS the Government’s request.

ORDER

For the reasons stated above, it is hereby

ORDERED that the motion (Docket No. 1) of plaintiff Albert Vazquez Alvarez for the return of certain property seized from him is DENIED.

The Clerk of Court is directed to terminate any pending motions and to close this case.

SO ORDERED.

Free access — add to your briefcase to read the full text and ask questions with AI

DECISION AND ORDER

VICTOR MARRERO, District Judge.

Plaintiff Albert Vazquez Alvarez (“Alvarez”) brought this action as a motion pursuant to Federal Rule of Criminal Procedure 41(g) seeking the return of $750,000 in United States currency seized from him in connection with a law enforcement search and arrest. The Government opposes the motion and moves to dismiss the action on the ground that the instant dispute became moot when the Government commenced a civil forfeiture proceeding with respect to the same property, and that Alvarez has a remedy by filing a claim in that action challenging the lawfulness of the seizure. See, e.g., United States v. Price, 914 F.2d 1507, 1511 (D.C.Cir.1990); In re Motion for Return of all Monies Seized from Account 710707, No. M-8-85, 1991 WL 183363, 1991 U.S. Dist. LEXIS 12689 (S.D.N.Y. Sept. 10, 1991). Alvarez did not reply to the Government’s opposition. Accordingly, the Court GRANTS the Government’s request.

ORDER

For the reasons stated above, it is hereby

ORDERED that the motion (Docket No. 1) of plaintiff Albert Vazquez Alvarez for the return of certain property seized from him is DENIED.

The Clerk of Court is directed to terminate any pending motions and to close this case.

SO ORDERED.

Cite This Page — Counsel Stack

Bluebook (online)

757 F. Supp. 2d 393, 2010 U.S. Dist. LEXIS 137118, 2010 WL 5421491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvarez-v-united-states-nysd-2010.

Opinion

Related

Cite This Page — Counsel Stack