Ordonez
Ordonez v. United States
Opinion
Opinion
Sammartino, J.
Following Plaintiff-Appellant Galo Alejandro Ordonez’s July 29, 1994, conviction for drug possession with intent to distribute, Ordonez sought the return of his property seized by the government during his arrest pursuant to Federal Rule of Criminal Procedure 41(g). Some of Ordonez’s belongings were returned to his designated agent, but many were not returned, having been inadvertently lost or destroyed. Ordonez then sought equitable relief in the form of money damages to compensate for the missing property. The district court granted the government’s motion to dismiss, finding that sovereign immunity barred Ordonez’s suit for money damages against the government.
We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Ordonez was arrested on January 15, 1993, and ultimately convicted in the Unit ed States District Court for the Central District of California of drug possession with intent to distribute. He currently is serving a 480-month sentence.
Several items of Ordonez’s personal property were seized and inventoried during his 1993 arrest. Following his conviction and sentencing, on June 11, 2007, Ordonez filed a pro se…