Celata

MEMORANDUM **

Richard Celata appeals the district court’s award of summary judgment to the government on the parties’ cross-motions for summary judgment regarding his attempt to compel the government to return property seized pursuant to a validly executed search warrant. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court properly granted the government’s motion for summary judgment. By its terms, 18 U.S.C. § 983 applies only to “property seized in a nonjudicial civil forfeiture proceeding under a civil forfeiture statute.” 18 U.S.C. § 983 (a)(2)(A). Similarly, although 18 U.S.C. § 924 (d)(1) does provide for the forfeiture of firearms, its requirement that forfeiture proceedings be commenced within one hundred and twenty days of seizure is irrelevant, because the government has an independent legal basis for retaining the various firearms and components it seized.

Celata identifies no authority that indicates he may hold the government to the time limitations in forfeiture statutes when the government is not pursuing forfeiture under those statutes. Indeed, the purported “litany” of precedent Celata cites in support of his position is inapposite,…