United States v. Real Property: 835 Seventh Street Rensselaer

MEMORANDUM-DECISION AND ORDER

McAVOY, Chief Judge.

Presently before the court is plaintiffs motion for summary judgment (Fed. R.Civ.P. 56) in the instant real property forfeiture action brought pursuant to the Comprehensive Drug Abuse Prevention and Control Act of 1970, § 511(a)(7), 21 U.S.C. § 881(a)(7). In opposition, claimant Richard Habiniak argues that the action is barred by both the Eighth Amendment’s Cruel and Unusual Punishment Clause and the Fifth Amendment’s Double Jeopardy Clause. Despite suggestions by the court, the claimant has failed to raise these defenses in the form of a…