United States District Court, W.D. New York
May 16, 2005.
DR. CAROL NIZNIK, Plaintiff
STORE TO DOOR, et al., Defendants.
The opinion of the court was delivered by: CHARLES SIRAGUSA, District Judge
DECISION AND ORDER
This is an action in which the plaintiff is seeking to prevent
the defendant, a moving and storage company, from auctioning off
certain property belonging to her in order to satisfy a lien for
unpaid rental fees. Plaintiff, a research scientist, is
proceeding under the "Patriots Act (Public Law 107-56-Oct. 26,
2001)" because she contends that the personal property at issue
includes research materials that concern national security.
Now before the Court is an application by plaintiff, entitled,
"Emergency Notice of Motion for Order for Federal Marshal to
Accompany Plaintiff with Search Warrant to Store-To-Door, 50 Ajax
Road, Rochester, N.Y. to Replace NW Systems DOD and Homeland
Defense and Security Documents and Software Discs in Plaintiff's
Store-To-Door Storage Containers Pending Appeal" [#15]. As the
title suggests, plaintiff asks the Court to issue a search
warrant and to direct the United States Marshal to accompany her
to inspect her storage containers, which are in the possession of
defendant Store-To-Door. The application is denied. Plaintiff
cites no legal authority for the Court to grant the relief she
seeks, nor is the Court aware of any. Accordingly, it is hereby ORDERED that plaintiff's application
[#15] is DENIED.
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