Riley v. USA

Filing 12

MEMORANDUM AND ORDER DISMISSING CASE. Signed by Judge J. Phil Gilbert on 5/2/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RANDALL J. RILEY,
Plaintiff,
v.

Case No. 17-cv-01239-JPG

UNITED STATES OF AMERICA,
Defendant.
MEMORANDUM AND ORDER
J. PHIL GILBERT, DISTRICT JUDGE
Randall J. Riley has filed a motion to return seized property pursuant to Federal Rule of
Criminal Procedure 41(g). (Docs. 1, 2.) That rule allows a person to move for the return of their
deprived property and instructs that “[t]he court must receive evidence on any factual issue
necessary to decide the motion.” The Government has since filed a response indicating that the
property in question was never in its possession, nor was it seized pursuant to Rule 41. (See Doc.
11.) Rather, state authorities obtained these items pursuant to a state warrant, and a state court
has since ordered them released, with the exception of any firearms and stolen contraband. (Doc.
11-1.) Because this matter does not implicate Rule 41(g) or the United States, the Court
DISMISSES this case and any pending motions therein for want of jurisdiction. The Court
DIRECTS the Clerk of Court to close this case.
IT IS SO ORDERED.
DATED: MAY 2, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE