United States of America, No. 1:2013cv01057 - Document 83 (W.D.N.Y. 2018)

Court Description: DECISION AND ORDER adopting Magistrate Judge Hugh B. Scott's Report and Recommendations 56 65 74 in their entirety. The parties shall appear for a Status Conference on 10/17/2018 at 12:30 PM before Hon. Richard J. Arcara. A copy of the Decision and Order has been mailed to Andrew D. Fitch, 9276 Ridge Road, Middleport, NY 14105. SO ORDERED. Signed by Hon. Richard J. Arcara on 9/28/2018. (LAS)

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United States of America Doc. 83 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, Plaintiff, DECISION AND ORDER 13-CV-1057-A v. $15,104 UNITED STATES CURRENCY and ONE BLUE 2011 FORD F150 XLT, VIN: 1FTEX1CM5BFB76077, Defendant. ___________________________________ This civil action is brought pursuant to 21 U.S.C. § 881(a)(4) and (6) to forfeit to the United States the defendant $15,104.00 currency and the defendant blue Ford truck as allegedly involved in marijuana trafficking. An innocent-owner claim to the defendant property was filed by Andrew Fitch, who is appearing pro se. The action was referred to Magistrate Judge Hugh B. Scott pursuant to 28 U.S.C. § 636(b)(1) for the conduct of pretrial proceedings. Before the Court are three Reports and Recommendations. Dkt. Nos. 56, 65, and 74. The United States objects to the Magistrate Judge’s recommended denial of its motion for summary judgment. Dkt. No. 56. Claimant Fitch objects to the Magistrate Judge’s recommended denials of his cross motion for summary judgment, his motions to dismiss, and his motion to suppress. Dkt. Nos. 65 and 74, respectively. Pursuant to 28 U.S.C. §636(b)(1), the Court makes a de novo Dockets.Justia.com determination of those portions of a report and recommendation to which specific objections have been made, and otherwise reviews for clear error. The Court assumes the parties’ familiarity with the prior proceedings and the issues under review. The Court construes Fitch’s pro se filings to raise the strongest arguments that they suggest. See Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 477 (2d Cir. 2006). Upon de novo and clear error review, and after considering the submissions from the parties, the Court hereby adopts the Magistrate Judge’s recommended findings and conclusions, Dkt. Nos. 56, 65, and 74, to resolve the pending motions. A status conference is scheduled for October 17, 2018, at 12:30 p.m., to schedule further proceedings and to discuss the status of the related cases. IT IS SO ORDERED. ____Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: September 28, 2018 2

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