Cuney

Cuney v. United States of Amercia

Good Law
United States District Court, Northern District of CaliforniaSeptember 27, 20234:22-cv-07443California2,215 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JONATHAN CUNEY, Case No. 22-cv-07443-KAW

Plaintiff,

ORDER DENYING MOTION FOR

v. RETURN OF PROPERTY

UNITED STATES OF AMERCIA, Re: Dkt. Nos. 1, 5 Defendant.

12 INTRODUCTION Plaintiff seeks return of property seized in Redway, California in connection with a criminal proceeding leading to his guilty plea in the Northern District of New York. Because Plaintiff already sought return of this property in the Northern District of New York, where his motion was denied without prejudice to renewing it after exhausting his appellate rights, this Court will not exercise equitable jurisdiction and the motion will be denied. DISCUSSION A. Background Plaintiff is a federal prisoner. He pleaded guilty in the Northern District of New York on June 22, 2021 to two counts of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) and…

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