Alshdaifat v. United States of America

Filing 4

ORDER Directing the Government to file a response as to 1 MOTION for Return of Property :( Responses due by 9/1/2011, Motion Hearing set for 9/7/2011 02:00 PM before District Judge Robert H. Cleland) Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SALEM ALSHDAIFAT,
Movant,
v.

Case No. 11-51067

UNITED STATES OF AMERICA,
Respondent.
/
ORDER DIRECTING THE GOVERNMENT TO FILE A RESPONSE TO MOVANT’S
“MOTION FOR RETURN OF SEIZED PROPERTY”
The United States District Court for the Eastern District of New York has
transferred a letter from an attorney, who is representing a criminal defendant in a
matter before that court, to this court. The letter seeks, under Federal Rule of Criminal
Procedure 16(a)(1)(E)(iii), the inspection of certain ancient coins and other items that
were seized from the defendant’s home on July 13, 2011, pursuant to a search warrant.
Judge Edward R. Korman directed the clerk of the court to treat the letter as a motion
pursuant to Rule 41(g). While this court, in general, does not treat a letter from counsel
or a party as a motion, consistent with Judge Korman’s order, the court will construe the
letter as such. The court will require a response from the Government before ruling on
the motion. Accordingly,

IT IS ORDERED that the Government is DIRECTED to file a response to
Movant’s “Motion for Return of Seized Property”1 [Dkt. # 1] by September 1, 2011. A
hearing on the motion is set for September 7, 2011 at 2:00 p.m.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: August 25, 2011
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, August 25, 2011, by electronic and/or ordinary mail.

s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

1

Although Judge Korman construed the motion as a motion under Rule 41(g),
and the docket refers to the motion as one for “return” of the property, the letter appears
to seek only the inspection and proper storage of the property.
S:\Cleland\JUDGE'S DESK\C2 ORDERS\11-51067.ALSHDAIFAT.DirectResponse.jmp.wpd

2