United States v. Forty-Five Thousand Nine Hundred Forty Dollars ($45,940) in United States Currency (Terry C. McKay Claimant)

MISHLER, District Judge:

Terry E. McKay appeals from a judgment of the United States District Court for the Northern District of New York, Neal P. McCurn, J., granting the government’s motion for judgment on the pleadings. The- basis of Judge McCurn’s decision is that Terry McKay is a fugitive from justice and is therefore disentitled to call upon the resources of the court for determination of his claims in the related civil forfeiture proceeding. For the reasons stated below, we affirm the judgment of the district court.

FACTS

On May 20, 1981, Terry C. McKay, a Canadian resident, entered the…