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Kairis v. United States

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 20, 2006

PAUL KAIRIS, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT .

The opinion of the court was delivered by: Thomas J. McAvoy, Senior U.S. District Judge

DECISION & ORDER

This pro se motion for the return of property was referred to the Hon. Randolph F. Treece, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.4.

No objections to the Report-Recommendation and Order dated September 5, 2006 have been filed. Furthermore, after examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein.

It is therefore ORDERED that the motion to set aside the administrative forfeiture be granted and the DEA serve proper notice upon petitioner and allow for filing of a new claim, which, in accordance with the prisoner mailbox rule, shall be deemed filed if and when petitioner gives such claim to prison officials.

IT IS SO ORDERED.

20060920

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