United States v. $3,093.25 in U.S. Currency

Jul 22, 2026
1:25-cv-00332

APPEARANCES:

United States Attorney for the Northern District of New York
445 Broadway – Room 218
Albany, New York 12207

100 South Clinton Street
Syracuse, New York 13261
Attorneys for Plaintiff

SHAHID SMITH
24-B-1965
Elmira Correctional Facility
P.O. Box 500
Elmira, New York 14902
Claimant pro se

OF COUNSEL:

NICHOLAS C.E. WALTER, ESQ.
Assistant United States Attorney

JEFFREY D. BROWN, ESQ.
Assistant United States Attorney

Hon. Anne M. Nardacci, United States District Judge:

ORDER

This matter coming before the Court on the Government’s motion to dismiss this case pursuant to Federal Rule of Civil Procedure 41(a)(2), the Court, having reviewed such motion hereby:

ORDERS that the Government’s motion to dismiss, Dkt. No. 18, is GRANTED; and the Court further

ORDERS that the Clerk serve a copy of this Order on the parties in accordance with the Local Rules.1,2

IT IS SO ORDERED.

Dated: July 22, 2026

Albany, New York

Anne M. Nardacci

U.S. District Judge

Notes

1
The Government also requests the entry of a certificate of reasonable cause pursuant to 28 U.S.C. § 2465(a)(2). See Dkt. No. 18-1 at 3-4. A certificate of reasonable cause is properly issued “only ‘upon the entry of a judgment for the claimant.’” United States v. Ross, 161 F.4th 100, 126 (2d Cir. 2025) (quoting 28 U.S.C. § 2465(a)(2) and citing United States v. 4,432 Mastercases of Cigarettes, More or Less, 448 F.3d 1168, 1183 (9th Cir. 2006) (describing 28 U.S.C. § 2465 as requiring “judicial determination that the government wrongly seized property for forfeiture”)). Accordingly, given that no judgment has been entered in the Claimant’s favor, the Government’s request for an entry of a certificate of reasonable cause is denied.
2
Claimant’s letter motions requesting the appointment of counsel and assistance with the return of his funds are denied as moot. See Dkt. Nos. 21-24.