United States v. Elijah Flowers

83 F.3d 429 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Elijah FLOWERS, Defendant-Appellant. No. 95-10434. United States Court of Appeals, Ninth Circuit. Submitted April 22, 1996. * Decided April 26, 1996. Before: HALL, THOMPSON, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Elijah Flowers, a federal prisoner, appeals pro se the district court's denial of his complaint seeking return of property seized during his 1988 arrest and subsequently administratively forfeited after no claim to the property was filed. We have jurisdiction pursuant 28 U.S.C. § 1291 . 3 In denying Flowers' request, the district court found that he was precluded from relitigating the legality of the civil forfeiture because in 1990 Flowers moved for the return of the forfeited property, and he failed to appeal from the district court's denial of the motion which was based in part on the court's finding that the civil forfeiture was proper.…