Lee v. U.S. Postmaster General
Lee v. U.S. Postmaster General
Opinion of the Court
ORDER
THIS CAUSE comes for consideration on Plaintiff Norman Detric Lee’s (“Lee”) Verified Motion to Set Aside Forfeiture (Doc. 1), to which the United States Postmaster General (the “United States”) responded in opposition (Doc. 7), and Lee replied (Doc. 10), For the reasons that follow, Lee’s motion will be denied.
This case concerns $68,587.00 in United States currency (the “Subject Currency”) that was seized by agents of the United States Postal Inspection Service on May 29, 2014. (Doc. 1 at 1.) On May 28, 2014, Lee was arrested by the Orlando Police Department and immediately transported to the Orange County Correctional Facility, where he was detained until his release on. or about May 31, 2014. (Id.) Subsequently, on May 29, 2014, the Subject Currency was seized from 13379. Glacier National Drive, #¡206 in Orlando, Florida (the
Pursuant to 18 U.S.C. § 983(c):
(1) Any person entitled to written notice in any nonjudicial civil forfeiture proceeding under a civil forfeiture statute who does not receive such notice may file a motion to set aside a declaration of forfeiture with respect to that person’s interest in the property,- which motion shall be granted if — ’
A. the Government knew, or reasonably should have known, of the moving party’s interest and failed to take reasonable steps to provide such party with notice; and
B. the moving party did not know or have reason to know of the seizure •within sufficient time to file a timely claim.
18 U.S.C. § 983(e). Indisputably, “individuals whose property interests are at stake due to government actions are entitled to notice of the [forfeiture] proceedings and an opportunity to be heard.” Mesa Valderrama v. United States, 417 F.3d 1189, 1196 (11th Cir. 2005). “The notice necessary to satisfy ’due process requires only that interested persons be given ‘notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.’ ” Id. at 1196-97. (quoting Mullane v. Cent. Hanover Bank & Trust Co., 339 U.S. 306, 314, 70 S.Ct. 652, 94 L.Ed. 865 (1950)). The government is obligated to take reasonable steps to provide interested parties with actual notice; however the government is not required to demonstrate that it was successful in providing actual notice. Id. at 1197 (citing Dusenbery v. United States, 534 U.S. 161, 170, 122 S.Ct. 694, 151 L.Ed.2d 597 (2002)).
Lee acknowledges that “[o]n June 26, 2014 and June 30, 2014, the United States Postal Inspection Service purportedly mailed correspondence to [Lee] via certified mail (return receipt requested) at [the Glacier Address] notifying [Lee] of the seizure and proposed administrative forfeiture of the [Subject Currency] and explaining [Lee’s] rights to claim the funds or to file a petition for remission or mitigation.” (Doc. 1 at 2; see Doc. 1-1.) Lee argues that such notice is insufficient because he did not personally receive written notice, and the United States did not make reasonable efforts to personally provide Lee with notice. (Doc. 10 at 2.) Lee also avers that the United States knew of Lee’s interest in the Subject Currency and that he did not know or have reason to know of the seizure of the Subject Property within sufficient time to file a timely, claim. (Id.) However, Lee does not contest that the United States sent notice of the administrative forfeiture of the Subject Property via first class and certified letters to the Glacier Address, the same location that Lee reported as his residence when he was arrested. (See Doc. 7 at 3; Doc. 7-2 ¶ 4.) Lee also does not dispute that said letters were signed for by Lee’s girlfriend, nor does Lee aver that he was incarcerated at the time the notice letters were sent or
For the foregoing reasons, it is ORDERED and ADJUDGED that Plaintiff Norman Detric Lee’s Verified Motion to Set Aside Forfeiture (Doc. 1) is DENIED. The Clerk- of Court is directed to ENTER JUDGMENT ACCORDINGLY and to CLOSE the case.
DONE and ORDERED in Orlando, Florida on this SO day of March, 2016.
Reference
- Full Case Name
- Norman Detric LEE v. U.S. POSTMASTER GENERAL
- Status
- Published