Smith v. United States of America, No. 3:2017cv00753 - Document 11 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. See Opinion for details. Signed by District Judge Henry E. Hudson on 5/30/2018. (sbea, )
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Smith v. United States of America Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA MAY 3 I 20!8 Richmond Division ,. u CLERK, U.S. DISTRICT COURl RICHMOND VA RALSTON LEE SMITH, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) Civil Action No. 3:17CV753-HEH Criminal Action No. 3:16CR19-HEH MEMORANDUM OPINION (Dismissing Action As Moot) Ralston Lee Smith, a federal prisoner proceeding pro se, filed this Motion under Federal Rule of Criminal Procedure 4l(g) requesting that the Government return to him his Galaxy 7 cell phone. On January 31, 2018, the Government responded that "it no longer needs to retain the Galaxy 7 cell phone for evidentiary purposes. [Smith] may contact the DEA ... to designate a recipient (as [Smith] is currently incarcerated) and to facilitate the return of his Galaxy 7 cell phone." (ECF No. 7, at 1-2.) 1 Thereafter, Smith requested that the phone be mailed to his wife, Mrs. Georgette Smith Taylor at a New York address. (ECF No. 10, at 1.) An agent with the Drug Enforcement Administration mailed the phone to the New York address and it was accepted by an individual at the New York address. (Id.) Accordingly, the action will be dismissed as moot. Smith's outstanding motions (ECF Nos. 2, 4, 9) will be denied as moot. An appropriate Order shall issue. 4fA. . Date: 30 :2olf Richmond, 'virlinia 1 Isl HENRY E. HUDSON UNITED STATES DISTRICT JUDGE All citations are to the civil action. Dockets.Justia.com
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