Napier v. United States of America, No. 1:2010cv00040 - Document 64 (E.D. Cal. 2011)

Court Description: ORDER adopting 13 FINDINGS AND RECOMMENDATIONS signed by Judge Oliver W. Wanger on 3/22/2011. (Lundstrom, T)
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Napier v. United States of America 1 2 3 4 5 6 Doc. 64 BENJAMIN B. WAGNER United States Attorney STANLEY A. BOONE Assistant U.S. Attorney 4401 Federal Building 2500 Tulare Street Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 Attorneys for the United States of America 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 DENNIS NAPIER, ) ) Petitioner, ) ) v. ) ) ) UNITED STATES OF AMERICA, ) ) ) ) Respondent. ) _______________________________) 01: 10-CV-00040 OWW GSA ORDER ADOPTING MAGISTRATE JUDGE’S FINDINGS AND RECOMMENDATIONS Date: February 28, 2011 Time: 10:00 a.m. 18 This matter came before the Court on the adoption of the 19 Magistrate Judge’s Findings and Recommendations issued January 8, 20 2010. 21 United States of America, and Dennis Napier, appeared in pro 22 persona. 23 the arguments of the parties, 24 Stanley A. Boone, appeared on behalf of the respondent, The Court having read the papers filed and having heard IT IS HEREBY ORDERED that for the reasons stated orally on 25 the record that the findings and recommendation of the Magistrate 26 Judge is hereby ADOPTED and the Claimant’s Motion for Return of 27 Property is hereby DENIED. 28 1 Dockets.Justia.com 1 THE COURT FURTHER finds that as an additional reason for 2 adopting the Magistrate Judge’s findings is that on March 29, 3 2010, Fresno County Superior Court Judge Gary Orozco found that 4 Mr. Napier remained convicted of two felony violations of 5 California Penal Code Section 245(a)(1). 6 IT IS FURTHER ORDERED that the United States’ cross-motion 7 for destruction of property is hereby stayed pending the final 8 determination by an appellate court of petitioner’s motion for 9 return of property. Upon final determination, this Court will 10 then hold a hearing as to the appropriate remedy regarding the 11 firearms. 12 13 14 15 DATED: March 22, 2011 __/s/ OLIVER W. WANGER___ OLIVER W. WANGER United States District Court Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2