Andersen
Andersen v. United States
Opinion
Lead Opinion
MEMORANDUM *
Plaintiffs-Appellants Daniel Andersen, et al. appeal the district court’s order dismissing their claim for an injunction and the district court’s separate order granting Defendants-Appellees’ motion for summary judgment and denying Appellants’ motion for summary judgment.
1. We lack jurisdiction over Appellants’ appeal from the district court’s dismissal of their claim for injunctive relief. We previously held that Appellants’ request for an injunction is essentially a motion for return of property under Federal Rule of Criminal Procedure 41(e), 1 over which this court lacks jurisdiction. See Andersen v. United States, 298 F.3d 804, 810 (9th Cir.2002). Because the circumstances governing Appellants’ appeal at that time and now are virtually identical, the law of the case doctrine bars review of their appeal.
2. The fact that Appellees obtained the warrants at issue through an ex parte/in camera procedure does not violate Appellants’ constitutional rights. See Times Mirror Co. v. United States, 873 F.2d 1210, 1213-14 (9th Cir.1989).
*584 3. Appellees’ seizure of materials protected by the First Amendment does not violate Appellants’ constitutional rights. Seizure…