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Salazar-Mercado v. United States

United States District Court, M.D. North Carolina

September 24, 2014

JOSE SALAZAR-MERCADO Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

L. PATRICK AULD, Magistrate Judge.

This case comes before the Court on Plaintiff's Motion to Return Property, filed pursuant to Federal Rule of Criminal Procedure 41(g). (Docket Entry 2.) The United States of America filed a Motion to Dismiss arguing that it does not have possession of Plaintiff's property thereby depriving this Court of subject matter jurisdiction. (Docket Entry 12.) The Clerk of Court informed Plaintiff of his right to respond and to submit affidavits or other evidence as to any disputed factual matter (Docket Entry 14), but Plaintiff has not responded (see Docket Entries dated June 6, 2014 to present).[1] For the reasons that follow, the undersigned United States Magistrate Judge recommends granting the instant Motion to Dismiss.

BACKGROUND[2]

On May 25, 2010, the Moore County Sheriff's Office arrested Plaintiff for selling methamphetamine. United States v. Mercado, No. 1:10-cr-00300-WO-1, docket entry 15 at 2.[3] The Moore County Sheriff's Office, through a confidential source, had made several controlled purchases of methamphetamine from Plaintiff. Id. at 1. Plaintiff alleges that upon arrest the Moore County Sheriff's Office seized from him:

(a) various papers with his name on them;
(b) one wallet;
(c) $2, 150.00;
(d) one check for $475.00 and one check for $380.00;
(e) one Mexican driver license;
(f) electoral credentials;
(g) two cellular telephones;
(h) three gold rings;
(i) two gold chains; and
(j) one gold bracelet, ...

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