Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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Thomas M. Baker - Bar # 013475

BAKER & BAKER
5050 N. 8th Place #10 Phoenix, Arizona 85014 (602) 279-1644 [email protected] Attorney for Claimant A. Paul Stewart

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA,

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Plaintiff,

Case No. CIV 00-1569-PHX-FJM
(Companion Case: CR 00-1185-PCT-JAT)

One red- framed Buckeye parasail (serial number 3316) and metal trailer, Claimant.

MOTION FOR RETURN OF REMAINING SEIZED PROPERTY

Comes now Claimant a. Paul Stewart, by and through his attorney undersigned, and moves this Court for an order directing the United States Fish & Wildlife ("USF&W") Service to return the remaining items of property seized pursuant to search warrants issued by retired Honorable U.S. Magistrate Judge Stephen L. Verkamp relating to this case. See SW 00-4117 MB. This case was fully resolved over three (3) years ago and although some seized items were returned to the Claimant at that time, the USF&W kept certain items pending resolution of this and

22 23 24 25 26 27 the companion criminal case [CR 00-1185-PCT-JAT]. That case was also resolved and the Claimant now desires to obtain the balance of his personal property which was seized by the USF&W. These items are no longer needed for any reason in either this civil forfeiture case or the criminal case, and all relevant time periods have expired.

Case 2:00-cv-01569-FJM

Document 53

Filed 09/13/2005

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There are four (4) related cases involving two (2) Defendants/Claimants (Steven Stayner and Paul Stewart) for which release orders are being requested, as follows: Stewart : Criminal Case ­ CR-00-1185-PCT-JAT Forfeiture Case ­ 00-1569-PHX-FJM (this case) Stayner: Criminal Case ­ CR 01-0145-PCT-EHC Forfeiture Case ­ 00-1567-PHX-FJM WHEREFORE, Claimant requests that this Court issue an Order directing the United States Fish & Wildlife Service to return/release the rema ining items of seized personal property to his custody. RESPECTFULLY SUBMITTED this 13th day of September, 2005.

BAKER & BAKER

By

S/ Thomas M. Baker Thomas M. Baker Attorney for Defendant/Claimant Stewart

COPY of the foregoing mailed this 13th day of September, 2005, to: Lisa Roberts, Esq. Assistant United States Attorney United States Attorney's Office District of Arizona 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408

2 Case 2:00-cv-01569-FJM Document 53 Filed 09/13/2005 Page 2 of 2