Opinion
C.A. No. 98M-10-015 HDR
March 13, 2002
ORDER
On this 13th day of March, 2002, upon consideration of Phillip Downs' Petition for Return of Property, the Commissioner's Report and Recommendation, the defendant's objections to the Commissioner's Report and Recommendation, the State's response and the record in this case, it appears that:
(1) Petitioner Phillip Downs ("Petitioner") filed a Petition for Return of Property pursuant to 16 Del. C. § 4784 and Superior Court Civil Rule 71.3. The property sought to be returned is $1,800.00 in United States Currency seized by the Delaware State Police on August 27, 1998. The matter was referred to a Superior Court Commissioner for findings of fact and recommendation pursuant to 10 Del. C. § 512(b) and Superior Court Civil Rule 132.
(2) The Commissioner has filed a Report and Recommendation after an evidentiary hearing which recommend that the petition be denied because the State has established probable cause to have initiated the forfeiture proceeding and the Petitioner has not met his burden to rebut the presumption in favor of the forfeiture.
(3) Downs filed written objections to the Commissioner's Report and Recommendation. He has not filed a transcript of the proceedings before the Commissioner as required by Superior Court Civil Rule 133(a)(4).
(4) The Court concludes that the Downs' motion for reconsideration and objections are subject to dismissal under Superior Court Civil Rule 132(b).
NOW, THEREFORE, after careful and de novo review of the record in this action, and for the reasons stated in the Commissioner's Report and Recommendation dated January 24, 2002,
IT IS ORDERED that:
(A) The well-reasoned Commissioner's Report and Recommendation is adopted by the Court;
(B) The petitioner's Petition for Return of Property is DENIED.