United States v. Khera

Full title: UNITED STATES OF AMERICA, Plaintiff, v. KAMALJIT SINGH KHERA, Defendant.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Oct 15, 2015

2:03-cr-103-JAM-EFB P (E.D. Cal. Oct. 15, 2015)

Opinion

UNITED STATES OF AMERICA, Plaintiff, v. KAMALJIT SINGH KHERA, Defendant. No. 2:03-cr-103-JAM-EFB P United States District Court, E.D. California. October 15, 2015

ORDER

JOHN A. MENDEZ, District Judge.

Defendant was convicted of several narcotics violations in March 2005. On May 14, 2015, the court granted in part defendant's pro se motion for the return of property pursuant to Federal Rule of Criminal Procedure 41(g). As to defendant's gun and magazines, however, the court stayed the matter pending the United States Supreme Court's decision in Henderson v. United States, 135 S.Ct. 402. ECF No. 417. On April 8, 2015 and again on May 26, 2015, the postal service returned mail directed to defendant as "undeliverable." ECF Nos. 416, 418.

Accordingly, on August 4, 2015, the magistrate judge issued findings and recommendations recommending that defendant's Rule 41(g) motion be terminated. Those findings and recommendations were served on all parties and contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days.

Neither party has filed objections to the findings and recommendations.¹

1 Once again, mail directed to defendant was returned by the Postal Service on August 14, 2015.

The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed August 4, 2015, are adopted in full; and

2. Defendant's Rule 41(g) motion is terminated. See Fed.R.Civ.P. 41(b); Local Rules 110, 183(b).