United States v. Miscellaneous Firearms, Silencers & Ammunition

Good Law
576 F. App'x 677
United States Court of Appeals for the Ninth CircuitMay 29, 201412-17757, 12-17758California405 words

Opinion

Opinion

MEMORANDUM

In these consolidated appeals, federal prisoner Kevin V. Dugan appeals pro se from the district court’s entry of default judgment in the government’s forfeiture action concerning certain seized firearms, and authorizing the destruction of other seized firearms. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s determination of whether a party has standing to challenge a forfeiture action. United States v. Real Property Located at 475 Martin Lane, 545 F.3d 1134, 1140 (9th Cir.2008). We affirm.

The district court properly determined that Dugan lacked standing to challenge the forfeiture action because he failed to file a verified claim. See United States v. $133,420.00 in U.S. Currency, 672 F.3d 629, 635 (9th Cir.2012) (setting forth the requirements for filing a verified claim to contest a forfeiture action); United States v. Real Property, 135 F.3d 1312, 1317 (9th Cir.1998) (record owner of property is not a party to forfeiture action when record owner fails to comply with the procedural requirements for opposing forfeiture).

The district court properly granted the government’s motion for an order authorizing the destruction of other…

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