Farrar

Farrar v. United States District Court for District of Hawaii

Good Law
285 F. App'x 463
United States Court of Appeals for the Ninth CircuitJuly 14, 2008No. 07-73817California736 words

Opinion

Lead Opinion

MEMORANDUM *

Douglas Farrar, Sr., Christine Farrar and Tiki Entertainment, LLC (collectively “Petitioners”) petition for a writ of mandamus to challenge the district court’s denial of their motion alleging a due process violation based on an allegedly illegal seizure *464 and detainment of their property without a timely filed civil forfeiture complaint as mandated under the Civil Asset Forfeiture Reform Act (“CAFRA”), 18 U.S.C. § 988 , and requesting return of their property and interest. Specifically, they petition this court “to correct the district court’s clear errors and to enforce CAFRA, dismiss the complaint, return their property and terminate all further attempts to civilly forfeit these three defendants.” We have jurisdiction pursuant to the All Writs Act, 28 U.S.C. § 1651 (a). See FTC v. Dean Foods Co., 384 U.S. 597, 603-04 , 86 S.Ct. 1738 , 16 L.Ed.2d 802 (1966). Because Petitioners do not meet the strict prerequisites for this extraordinary relief, we deny their petition.

A writ of mandamus is “an ‘extraordinary remedy’ that should only be invoked in ‘exceptional circumstances.’ ” United States v. Harper, 729 F.2d 1216, 1221 (9th Cir.1984) (quoting Will v. United…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.