Figueroa-Diaz

MEMORANDUM **

Arturo Figueroa-Diaz, a federal prisoner, appeals pro se the district court’s order denying his Fed.R.Crim.P. 41(e) motion for return of personal property seized pursuant to a state search warrant in Oregon and during his subsequent arrest in Pennsylvania. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, United States v. Mills, 991 F.2d 609, 612 (9th Cir.1993), and affirm.

The district court properly denied Figueroa-Diaz’s Rule 41(e) motion as to the property seized in Oregon because it was subject to a judgment of civil forfeiture in Oregon state court. See United States v. Fitzen, 80 F.3d 387, 389 (9th Cir.1996) (affirming denial of Rule 41(e) motion where state forfeiture proceeding established that state rather than defendant was entitled to lawful possession of property).

The district court properly denied Figueroa-Diaz’s Rule 41(e) motion to remove the state civil forfeiture action to federal court because the district court lacked original jurisdiction. See 28 U.S.C. § 1441 (a); see also Caterpillar Inc. v. Williams, 482 U.S. 386, 392 , 107 S.Ct. 2425 , 96 L.Ed.2d 318 (1987) (holding that only state court actions that originally could…