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U.S. v. Premises and Real Property at 9276 Ridge Road, Middleport, New York

Court Strikes Claim to Property Sought Forfeited as Involved in Marijuana Trafficking

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United States of America, Plaintiffv.The Premises and Real Property at 9276 Ridge Road, Middleport, New York, Defendant

DECISION AND ORDER This in rem action pursuant to 21 U.S.C. §881(a)(6) and (7) is brought to forfeit defendant real property at 9276 Ridge Road, Middleport, New York, as property that allegedly was involved in marijuana trafficking. The action is before the Court on a motion by the United States pursuant to Fed. R. Civ. P. Supp. R. G(8)(c) to strike a pro se claim to the defendant property. The United States argues that the claimant, Andrew Fitch, lacks standing to assert a claim because, having sold the defendant property to another person, he is no longer an “owner” of the property within the definition of the term at 18 U.S.C. §983(d)(6).For the reasons that follow, the Court finds that claimant Fitch has failed to carry his burden to show that he has any interest in the defendant real property that is an ownership interest. Accordingly, the Court finds that Fitch lacks statutory standing to assert a claim to the defendant property, and the motion of the United States to strike Fitch’s claim is granted.FACTSOn May 11, 2016, pro se claimant Andrew Fitch sold the defendant real property at 9276 Ridge Road to his father, Douglas Fitch. Dkt. No. 5-11, pp. 1-2; Dkt. No. 49, p. 5,

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