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United States of America v. William Davenport

June 9, 2011

UNITED STATES OF AMERICA,
v.
WILLIAM DAVENPORT DEFENDANT



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 9th day of June, 2011, upon consideration the motion (Doc. 327) for return of property, dated April 4, 2011, filed by defendant William Davenport ("Davenport"), wherein Davenport requests the return of $14,015 in United States currency seized by the government pursuant to a search warrant on September 1, 2008, and upon further consideration of the motion to dismiss (Doc. 328) Davenport's motion for return of property filed by the United States of America on April 26, 2011, wherein the government asserts that the court should dismiss the motion for return of property on grounds that Davenport failed to comply with Local Rule 7.5, see L.R. 7.5 (stating that "[w]ithin fourteen (14) days after the filing of any motion, the party filing the motion shall file a brief in support of the motion"), and that the court dismissed Davenport's previous motion for return of property for lack of subject matter jurisdiction (see Doc. 325),*fn1 and the court finding that Davenport failed to comply with Local Rules for filing a brief in support of his motion, and the court concluding that when a supporting brief is not filed within the time provided by Local Rules, "the motion shall be deemed to be withdrawn" see L.R. 7.5, it is hereby ORDERED that:

1. The motion for return of property (Doc. 327) is deemed WITHDRAWN.

2. The motion to dismiss the motion for return of property (Doc. 328) is DENIED as MOOT.

CHRISTOPHER C. CONNER United States ...


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