Legal Opinion

In Re Application of Mgndichian

District Court, C.D. California

Decided October 23, 2003No. CV 02-09580 MMMPublishedCited by 4 opinions

1Opinion of the Court

ORDER GRANTING MGNDICHIAN’S MOTION FOR ATTORNEYS’ FEES AND COSTS PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT

MORROW, District Judge.

The present case concerns the administrative forfeiture of several motorcycles originally belonging to petitioner. Petitioner filed a motion for return of the property. While Judge Hupp of this court denied that relief, he declared that the administrative forfeiture proceedings were a nullity, equitably tolled the time within which the Bureau of Alcohol, Tobacco and Firearms (“ATF”) could commence such proceedings, and authorized ATF to commence proper…

2Cases cited43 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Pierce v. UnderwoodSupreme Court of the United States · 1988
  3. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  4. Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
  5. Marie Lucie Jean v. Alan C. NelsonCourt of Appeals for the Eleventh Circuit · 1988

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3Cited by4 opinions

  1. Citizens for Better v. US Dept. of AgricultureDistrict Court, N.D. California · 2007
  2. United States v. United States Currency in the Sum of Six Hundred Sixty Thousand, Two Hundred DollarsDistrict Court, E.D. New York · 2006
  3. Gengler v. United States ex rel. Department of Defense & NavyDistrict Court, E.D. California · 2010
  4. Gengler v. US EX REL. DEPT. OF DEFENSE AND NAVYDistrict Court, E.D. California · 2010

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