Muraca v. United States of America

Filing 17

ORDER: Since Mr. Muraca has not brought any lawsuit in federal court related to his administrative denial, the Court has no jurisdiction over this matter. See 28 C.F.R. § 543.30-543.32. The Clerk of Court is respectfully directed to mail a copy of this Order, and the Government's letter at Dkt. No. 138, to Mr. Muraca, and to terminate the motion pending at Dkt. No. 134. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/21/2024) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

PATRICK MURACA,
Petitioner,

No. 17-CR-739 (RA)
No. 21-CV-6003 (RA)

v.
ORDER
UNITED STATES OF AMERICA,
Respondent.

RONNIE ABRAMS, United States District Judge:
The Court is in receipt of a letter from Mr. Muraca, dated January 29, 2024, about a vehicle
that he left at the FCI Fort Dix visitors parking lot when he surrendered in 2021. Dkt. No. 147.
As Mr. Muraca has explained, his attorney filed an administrative claim with the Bureau of Prisons
on July 29, 2021 about this vehicle. See Dkt. No. 134.
On October 26, 2023, the Court ordered the Government to provide an update “as to the
current status of Mr. Muraca’s administrative claim.” Dkt. No. 137. The Government replied on
October 31, 2023, stating that the Bureau of Prisons had notified Mr. Muraca that his
administrative claim was denied on December 2, 2022 and had informed him that he “may bring
an action against the United States in an appropriate United States District Court within six (6)
months” if he is “dissatisfied with the decision.” Dkt. No. 138. The Government avers that Mr.
Muraca has since failed to bring any action against the United States concerning his administrative
claim. Id.
Since Mr. Muraca has not brought any lawsuit in federal court related to his administrative
denial, the Court has no jurisdiction over this matter. See 28 C.F.R. § 543.30–543.32.

The Clerk of Court is respectfully directed to mail a copy of this Order, and the
Government’s letter at Dkt. No. 138, to Mr. Muraca, and to terminate the motion pending at Dkt.
No. 134.

SO ORDERED.
Dated:

February 21, 2024
New York, New York
Hon. Ronnie Abrams
United States District Judge

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