Opinion
02 Civ. 2724 (TPG)
December 4, 2002
OPINION
This action was commenced as a motion under Fed.R.Civ.P. 41(e) to obtain the return of $4,950 which was seized by agents of the Drug Enforcement Administration from plaintiff Sheikh. Since Sheikh's criminal proceedings have been concluded, the motion has been turned into a civil action.
On April 4, 2002 the Court ordered the Government to answer by May 10, 2002. On June 24, 2002 Sheikh filed a motion for default judgment, noting that the Government had not yet answered. Sheikh's motion was accompanied by an affidavit reaffirming the allegations of his original pleading. Sheikh admitted that the $4,950 had been seized at his residence by DEA agents following which he was convicted of narcotics offenses, but Sheikh contended that the Government had no right to retain the money. On August 28, 2002 Sheikh filed a motion to expedite the Court's ruling.
On November 15, 2002 the Government filed a motion to dismiss the case. Attached to this motion is full documentation showing that the Government took proper procedures to obtain the forfeiture of the $4,950 as drug proceeds. Sheikh has not filed any response to the Government's motion.
The Court concludes that the Government was entitled to obtain the forfeiture of the money and took proper steps to do so. The Court further concludes that the delay of the Government in filing its motion was the result of the need for time to investigate the matter and assemble the documentation.
Sheikh's motion for default judgment is denied. His motion for expedited ruling is denied as moot.
The action is dismissed.