United States of America v. Approximately $189,040.00 in U.S. Currency

Filing 33

ORDER ADOPTING 31 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 11/6/13 DENYING as moot the 11 Motion to Stay and GRANTING the United States' 24 Motion to Strike. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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No. 2:13-cv-0643-JAM-KJN

Plaintiff,
v.

ORDER

APPROXIMATELY $189,040.00 IN U.S.
CURRENCY,
Defendant.

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On August 9, 2013, the magistrate judge filed findings and recommendations (ECF No.

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31), which were served on the parties and which contained notice that any objections to the

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findings and recommendations were to be filed within fourteen (14) days. On August 30, 2013,

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claimant Hafeez filed untimely objections (ECF No. 32).

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This court reviews de novo those portions of the proposed findings of fact to which an

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objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore

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Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981); see also Dawson v. Marshall, 561 F.3d

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930, 932 (9th Cir. 2009). As to any portion of the proposed findings of fact to which no objection

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has been made, the court assumes its correctness and decides the motions on the applicable law.

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See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s

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conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d
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452, 454 (9th Cir. 1983).
In his objections, Hafeez requests a 180-day stay of the case to obtain counsel. (ECF No.

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32.) However, even if the court were to consider Hafeez’s untimely objections, plaintiff’s request

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to stay the action should be denied, because, for the reasons outlined by the magistrate judge in

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the findings and recommendations, Hafeez lacks statutory and constitutional standing to pursue

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his claim.

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The court has reviewed the applicable legal standards and, good cause appearing,

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concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly,

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IT IS ORDERED that:

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1. The findings and recommendations filed August 9, 2013 (ECF No. 31) are ADOPTED.

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2. The United States’ motion to strike (ECF Nos. 20, 24) is GRANTED.

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3. Hafeez’s motion to stay the action (ECF No. 11) is DENIED AS MOOT.

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Dated: November 6, 2013

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/s/ John A. Mendez_______________________

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UNITED STATES DISTRICT COURT JUDGE

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