Opinion
2:21-cv-06965-RGK-MAR
03-22-2024
UNITED STATES OF AMERICA, Plaintiff, v. $600,980.00 IN U.S. CURRENCY, Defendant. MITCHELL MAGEE, Claimant.
E. MARTIN ESTRADA United States Attorney MACK E. JENKINS Assistant United States Attorney Chief, Criminal Division JONATHAN GALATZAN Assistant United States Attorney Chief, Asset Forfeiture and Recovery Section VICTOR A. RODGERS/MAXWELL COLL Assistant United States Attorneys Asset Forfeiture and Recovery Section Attorneys for Plaintiff UNITED STATES OF AMERICA. LAW OFFICES OF ERIC HONIG APLC DAVID B. SMITH PLLC ERIC HONIG Attorneys for Claimant MITCHELL MAGEE.
E. MARTIN ESTRADA United States Attorney MACK E. JENKINS Assistant United States Attorney Chief, Criminal Division JONATHAN GALATZAN Assistant United States Attorney Chief, Asset Forfeiture and Recovery Section VICTOR A. RODGERS/MAXWELL COLL Assistant United States Attorneys Asset Forfeiture and Recovery Section Attorneys for Plaintiff UNITED STATES OF AMERICA.
LAW OFFICES OF ERIC HONIG APLC DAVID B. SMITH PLLC ERIC HONIG Attorneys for Claimant MITCHELL MAGEE.
[PROPOSED] ORDER DISMISSING ACTION WITHOUT PREJUDICE PURSUANT TO FED. R. CIV. P. 41(A)(2) [83]
HONORABLE R. GARY KLAUSNER UNITED STATES DISTRICT JUDGE.
Pursuant to the stipulation and request of Plaintiff United States of America and claimant Mitchell Magee (“the Stipulation”), and good cause appearing therefor, IT IS HEREBY ORDERED that:
1. This action is hereby dismissed without prejudice pursuant to Fed.R.Civ.P. 41(a)(2).
2. $35,456.64 of the defendant currency shall be applied to the restitution imposed against claimant in United States of America v. Mitchell Magee, Western District of Kentucky Case No. 06-cr-00058 (See ECF No. 42).
3. The remainder of the defendant currency, together with all interest earned on the defendant currency by the government shall be returned to claimant in the manner set forth in the Stipulation.
4. The parties agree that the government shall return to claimant all non-contraband, non-currency personal property seized on or about July 15, 2021 from claimant's residence and storage unit by making those items available for pickup by claimant or claimant's representative within 45 days. The Court shall retain jurisdiction for the purpose of resolving any issues regarding the return of Claimant's personal property.
5. The parties shall bear their own costs and attorney fees, whether pursuant to 28 U.S.C. § 2465 or otherwise.