United States v. Cesar Navarro ( 2024 )


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  • USCA4 Appeal: 24-6609      Doc: 10         Filed: 11/22/2024     Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 24-6609
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    CESAR M. NAVARRO, a/k/a Cesar Navarro,
    Defendant - Appellant.
    Appeal from the United States District Court for the Northern District of West Virginia, at
    Elkins. Thomas S. Kleeh, Chief District Judge. (2:17-cr-00002-TSK-MJA-1)
    Submitted: November 19, 2024                                Decided: November 22, 2024
    Before QUATTLEBAUM, RUSHING, and BENJAMIN, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Cesar M. Navarro, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 24-6609         Doc: 10       Filed: 11/22/2024      Pg: 2 of 2
    PER CURIAM:
    Cesar M. Navarro, a federal inmate, appeals the district court’s postjudgment order
    accepting the magistrate judge’s recommendation, denying Navarro’s Fed. R. Crim. P.
    41(g) motion for the return of his property, and directing the clerk to open a new civil action
    in which Navarro could pursue his motion. We discern no abuse of discretion in the court’s
    decision to transfer Navarro’s motion to the court’s civil docket. See United States v.
    Janati, 
    374 F.3d 263
    , 273 (4th Cir. 2004). Accordingly, we affirm the district court’s
    order. * United States v. Navarro, No. 2:17-cr-00002-TSK-MJA-1 (N.D. W. Va. June 5,
    2024). We dispense with oral argument because the facts and legal contentions are
    adequately presented in the materials before this court and argument would not aid the
    decisional process.
    AFFIRMED
    *
    Because Navarro continues to litigate his request for the return of his property, we
    do not opine on the merits of his Rule 41(g) motion.
    2
    

Document Info

Docket Number: 24-6609

Filed Date: 11/22/2024

Precedential Status: Non-Precedential

Modified Date: 11/26/2024