United States v. Cesar Navarro

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 22, 2024
• Docket: 24-6609
• Status: Unpublished

Opinion

USCA4 Appeal: 24-6609 Doc: 10 Filed: 11/22/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-6609

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CESAR M. NAVARRO, a/k/a Cesar Navarro,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Thomas S. Kleeh, Chief District Judge. (2:17-cr-00002-TSK-MJA-1)

Submitted: November 19, 2024 Decided: November 22, 2024

Before QUATTLEBAUM, RUSHING, and BENJAMIN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Cesar M. Navarro, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6609 Doc: 10 Filed: 11/22/2024 Pg: 2 of 2

PER CURIAM:

Cesar M. Navarro, a federal inmate, appeals the district court’s postjudgment order

accepting the magistrate judge’s recommendation, denying Navarro’s Fed. R. Crim. P.

41(g) motion for the return of his property, and directing the clerk to open a new civil action

in which Navarro could pursue his motion. We discern no abuse of discretion in the court’s

decision to transfer Navarro’s motion to the court’s civil docket. See United States v.

Janati, 374 F.3d 263, 273 (4th Cir. 2004). Accordingly, we affirm the district court’s

order. * United States v. Navarro, No. 2:17-cr-00002-TSK-MJA-1 (N.D. W. Va. June 5,

2024). We dispense with oral argument because the facts and legal contentions are

adequately presented in the materials before this court and argument would not aid the

decisional process.

AFFIRMED

* Because Navarro continues to litigate his request for the return of his property, we do not opine on the merits of his Rule 41(g) motion.