United States of America v. Rathburn et al

Filing 4

ORDER DENYING DEFENDANT'S 1 MOTION TO RETURN PROPERTY AS MOOT Signed by District Judge Linda V. Parker. (AFla)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No. 22-mc-51721
Honorable Linda V. Parker

ARTHUR RATHBURN,
Defendant.
___________________________/
ORDER DENYING DEFENDANT’S MOTION TO
RETURN PROPERTY AS MOOT
This matter is before the Court on Defendant’s motion for the return of
property related to search warrants performed in 2013. (ECF No. 1) The
government stated in its response that the FBI has repeatedly attempted to contact
Mr. Rathburn to make arrangements for the return of all seized property, except for
(1) human remains and tissue and (2) documents containing Personally Identifiable
Information (PII). (ECF No 3) Pursuant to the Court’s Order of October 19, 2019,
all human remains seized in the 2013 search warrants were deemed abandoned and
have since been cremated. (16-cr-20043, ECF No. 196) Mr. Rathburn has not
returned the FBI’s calls or made any other contact besides filing the letter currently
at issue. (ECF No. 1)
If Mr. Rathburn wishes to claim any property seized during the 2013 search
warrants, he should call the main line of the FBI’s Detroit office, leave a current

number at which he can be reached, and request a return phone call so that the FBI
may address his request before he files a renewed motion to return property. For
the foregoing reasons, Defendant’s Motion for Return of Seized Property (ECF No.
1) is DENIED AS MOOT.
SO ORDERED.

Dated: November 26, 2024

s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, November 26, 2024, by electronic
and/or U.S. First Class mail.
s/Aaron Flanigan
Case Manager