McGee #10511-040 v. United States of America, No. 1:2008cv00499 - Document 47 (W.D. Mich. 2010)
Court Description: MEMORANDUM OPINION AND ORDER denying 22 motion for order to show cause that the District Court had subject matter jurisdiction over forfeited property ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION STEVEN ALLEN McGEE, Movant, v. CASE NO. 1:08-cv-499 UNITED STATES OF AMERICA, HON. ROBERT HOLMES BELL Respondent. _________________________/ MEMORANDUM OPINION AND ORDER This matter is before the Court on Movant Steven Allen McGee s motion for order to show cause that the District Court had subject matter jurisdiction over forfeited property. (Dkt. No. 22.) Movant filed this motion as part of his § 2255 petition to vacate, correct or set aside his sentence, in which Movant raised a variety of additional challenges to the forfeiture allegations to which Movant pleaded guilty on July 30, 2001. Challenges to a forfeiture penalty are not cognizable in a § 2255 proceeding, which is available only to a prisoner in custody that is claiming the right to be released. 28 U.S.C. § 2255(a); United States v. Mays, 67 F. App x 868, 869 (6th Cir. 2003); United States v. Watroba, 56 F.3d 28, 29 (6th Cir. 1995); Rodriguez v. United States, No. 95-2322, 1997 WL 770636, at *1 (1st Cir. Dec. 12, 1997); Soldier v. United States, No. 3:09-cv-1, 2009 WL 455830, at *2 (D.N.D. Feb. 23, 2009). Accordingly, IT IS HEREBY ORDERED that Movant s motion for order to show cause that the District Court had subject matter jurisdiction over forfeited property (Dkt. No. 22) is DENIED. Dated: January 21, 2010 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE 2
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