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] Attorneys for Claimant, Steven Stayner IN THE UNITED STATES DISTRICT COURT

7 FOR THE DISTRICT OF ARIZONA 8 UNITED STATES OF AMERICA, 9 Plaintiff, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 returned to the Claimant at tha t time, the USF&W kept certain items pending resolution of this case and the companion criminal case [CR 01-0145-PCT-EHC]. 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. Comes now Claimant Steven J. Stayner, 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 Nos. 00-4049, 4050, 4051, 4052 & 4053 MB. This case was fully resolved over three (3) years ago and although some seized items were vs. Red frame parasail, Buckeye Model Eagle 503 (serial number 4519); White metal frame parasail (serial number 4462); White Toyota Tacoma Pickup Truck (VIN: 4TAWN72NXWZ151263), Defendants.

NO. CIV 00-01567-PHX-FJM
(Companion Case: CR 01-0145-PCT-EHC)

CLAIMAINT'S MOTION FOR RETURN OF REMAINING SEIZED PROPERTY

Case 2:00-cv-01567-FJM

Document 64

Filed 09/13/2005

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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. 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:

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ______________________________ COPY of the foregoing mailed this 13th day of September, 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 By S/ Thomas M. Baker Thomas M. Baker Attorney for Claimant Stayner: Criminal Case ­ CR 01-0145-PCT-EHC Forfeiture Case ­ 00-1567-PHX-FJM (this case) Stewart : Criminal Case ­ CR-00-1185-PCT-JAT Forfeiture Case ­ CIV 00-1569-PHX-FJM WHEREFORE, Claimant requests that this Court issue an Order directing the United States Fish & Wildlife Service to return/release the remaining items of seized personal property to his custody. RESPECTFULLY SUBMITTED this 13th day of September, 2005. BAKER & BAKER

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