Smith v. United States of America

Filing 11

MEMORANDUM OPINION. See Opinion for details. Signed by District Judge Henry E. Hudson on 5/30/2018. (sbea, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

MAY 3 I 20!8

Richmond Division

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CLERK, U.S. DISTRICT COURl
RICHMOND VA

RALSTON LEE SMITH,
Plaintiff,

v.
UNITED STATES OF AMERICA,
Defendant.

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Civil Action No. 3:17CV753-HEH
Criminal Action No. 3:16CR19-HEH

MEMORANDUM OPINION
(Dismissing Action As Moot)
Ralston Lee Smith, a federal prisoner proceeding pro se, filed this Motion under
Federal Rule of Criminal Procedure 4l(g) requesting that the Government return to him
his Galaxy 7 cell phone. On January 31, 2018, the Government responded that "it no
longer needs to retain the Galaxy 7 cell phone for evidentiary purposes. [Smith] may
contact the DEA ... to designate a recipient (as [Smith] is currently incarcerated) and to
facilitate the return of his Galaxy 7 cell phone." (ECF No. 7, at 1-2.) 1 Thereafter, Smith
requested that the phone be mailed to his wife, Mrs. Georgette Smith Taylor at a New
York address. (ECF No. 10, at 1.) An agent with the Drug Enforcement Administration
mailed the phone to the New York address and it was accepted by an individual at the
New York address. (Id.) Accordingly, the action will be dismissed as moot. Smith's
outstanding motions (ECF Nos. 2, 4, 9) will be denied as moot.
An appropriate Order shall issue.

4fA. .

Date:
30 :2olf
Richmond, 'virlinia
1

All citations are to the civil action.

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HENRY E. HUDSON
UNITED STATES DISTRICT JUDGE