Warden

Case 2:22-cv-07267-SB Document Filed 01/26/ Page 1 of Page ID #:

JS-

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

RANDY KIRK HARVEY, II, Case No. 2:22-cv-07267-SB

Petitioner,

ORDER DISMISSING CASE

v.

UNITED STATES,

Respondent. After Petitioner filed a letter requesting the return of property after his criminal case was closed (Dkt. No. 1), the Court construed his letter as a civil complaint. Dkt. No. 9; see also United States v. Martinson, 809 F.2d 1364, 1366– 67 (9th Cir. 1987) (holding that district courts are to construe Rule 41(g) motions as civil complaints when no criminal proceeding is pending); United States v. Ritchie, 342 F.3d 903, 906 (9th Cir. 2003); United States v. Ibrahim, 522 F.3d 1003, 1007–08 (9th Cir. 2008). The Court set deadlines for Petitioner to (1) pay the civil filing fee or file an application to proceed in forma pauperis (IFP), and (2) serve his complaint in compliance with Rule 4 and file proof of service. Dkt. No. 9. The Court warned that “[f]ailure to adhere to these deadlines may result in dismissal without prejudice.” Id. After Petitioner filed a document styled “Objection and Motion for…