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U.S. v. Barbosa

United States District Court, N.D. Illinois, Eastern Division
Aug 24, 2006
No. 04 CR 609 (N.D. Ill. Aug. 24, 2006)

Opinion

No. 04 CR 609.

August 24, 2006


MEMORANDUM ORDER


This Court has just received from pro se litigant Vito Barbosa ("Barbosa") a filing captioned "Motion for Order Compelling State of Illinois To Return Property Unlawfully Obtained from ATF and this Court by Fraud." Although Barbosa's filing mistakenly characterizes this Court's June 12, 2006 memorandum order (the "Order") as having ordered the State of Illinois to take certain action (something that this Court is not of course empowered to do), it portrays a distressing situation in which Barbosa's claims to certain of his property do not appear to have been given proper consideration.

What is unclear from Barbosa's filing, however, is whether the situation about which he complains has resulted from his own inaction — prompted by the mistaken assumption that this Court had ordered the state authorities to act — or from the state authorities' refusal to act despite Barbosa's having moved, after the issuance of this Court's Order, for reconsideration of the state court's earlier order. What this Court's Order clearly contemplated was that the next move was Barbosa's, and his current filing sounds as though he may not have understood that. Accordingly this Court requests a response from the State's Attorney's Office as to what if any procedures had taken place before the state court after issuance of the Order.

Another copy of this memorandum order is being transmitted to Assistant United States Attorney Amarjeet Bhachu as an informational matter.


Summaries of

U.S. v. Barbosa

United States District Court, N.D. Illinois, Eastern Division
Aug 24, 2006
No. 04 CR 609 (N.D. Ill. Aug. 24, 2006)
Case details for

U.S. v. Barbosa

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. VITO BARBOSA, Defendant

Court:United States District Court, N.D. Illinois, Eastern Division

Date published: Aug 24, 2006

Citations

No. 04 CR 609 (N.D. Ill. Aug. 24, 2006)