Opinion
C.A. No. 07M-12-008.
July 1, 2008.
ORDER
1) On December 18, 2007, Terrence Ross ("petitioner") filed the petition in this matter seeking the return of $3,205.00 in United States Currency seized from him when he was arrested on drug-related charges. He provided h is address as 21909 Mill Park Drive, Bridgeville, DE 19933.
2) This Court sent petitioner notice at his address of record that a status conference in this case would be held on April 10, 2008. Petitioner failed to appear at that conference, and the Court entered an order dated April 10, 2008, dismissing the petition with prejudice due to petitioner's failure to prosecute.
3) Thereafter, the State of Delaware ("the State") notified the Court that petitioner was being held in a federal correctional facility in New Jersey and thus, could not have received notice of the status conference. This Court, by order dated April 14, 2008, vacated the April 10, 2008, order dismissing the petition with prejudice.
4) By order dated May 9, 2008, the Court notified petitioner, at the federal correctional facility, that he must inform the Court whether he planned to pursue the petition and if so, he must inform the Court of his release date. The Court directed that petitioner provide this information on or before June 16, 2008, or it would dismiss the petition and order the seized monies b e forfeited to the State.
5) On June 17, 2008, a friend of petitioner's called the Court and stated that petitioner wanted to pursue his case. This friend was told that petitioner must provide the information in writing. The friend said she would see petitioner on June 21, 2008, and would convey the message. As of June 30, 2008, petitioner has not complied with the order of May 9, 2008.
NOW, THEREFORE, THIS 1ST DAY OF JULY, 2008, IT IS HEREBY ORDERED AS FOLLOWS:
1) The petition seeking the return of $3,205.00 in United States currency is dismissed with prejudice because petitioner has failed to comply with the Court's directives instructing that he provide the Court with information on whether he wished to pursue the case and if so, when he would be released from incarceration;
2) The property is deemed forfeited to the State of Delaware; and
3) The $3,205.00 in United States currency shall be deposited forthwith into the Special Law Enforcement Assistance Fund.
cc: Prothonotary's Office John Donahue, IV, Esquire Robert O'Neill, Jr., Esquire Terrence W. Ross (N.J. Correctional Facility and Address of Record)