MEMORANDUM OPINION AND ORDER
Pursuant to 42 U.S.C. § 1983, plaintiff Salvador Pou, 1 acting pro se, brings thе instant action against defendants United States Drug Enforcement Agency (the “DEA”), Joseph Loszynzki, Robert Fritzen and James L. Rogers seeking to recover $18,200 in cash seized by the DEA and forfeited to the United States Government (the “Government”). Pou claims that defendants conducted an illegal search and seizure and gave him inadequate notice of the forfeiture proceeding in violation of his federal statutory and constitutional rights. Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), defendants DEA, Fritzen and Rogers (collectively “defendants”) move to dismiss the amended complaint for lack of subject matter jurisdiction and failure to state a claim. 2 In the alternative, pursuant to Federal Rule of Civil Procedure 56(c), defendants mоve for summary judgment on the ground that the forfeiture notice complied with both statutory and constitutional requirements and that collateral estoppel and qualified immunity bar the claim for illegal search and seizure. 3 For the *576 reasons set forth below, defendants’ motion for summary judgment is granted.
BACKGROUND
In or about 1988, the New York State Police and the DEA Central New York Drug Enforcement Task Force (the “DEA Task Force”) conducted an investigation into narcotics trafficking in Jefferson County, New York. See Affidavit of John Blumer Sworn to September 29, 1988 (“First Blumer Aff.”) ¶ 3. Defendants Robert Fritzen and James Rogers are New York State Police investigators who served as members of the DEA Task Force and participated in the aforesaid investigation. See Declaratiоn of Robert Fritzen Sworn to November 26, 1993 (“Frit-zen Decl.”) ¶ 1; Declaration of James L. Rogers Sworn to November 18, 1993 (“Rogers Deck”) ¶ 1; Plaintiffs Statement Pursuant to Rule 3(g) (“Pltff. 3(g) Stmt.”) ¶2, 3.
On October 16, 1988, New York State Police and DEA Task Force agents pulled over the vehicle driven by Salvador Pou, Jr. and arrested him on drug charges in Jefferson County, New York. See Complaint (“Compl.”) ¶ IV.l; First Blumer Aff. ¶.3; Affidavit of John Blumer Sworn To October 16,1988 (“Second Blumer Aff”) ¶ 2. Following the arrest, DEA Task Force Investigator Matthew Tynan searched Pou’s person and vehicle pursuant to a search warrant. See Fritzen Decl. ¶7; Searvalone Decl. Exh. F. at 1162; Pltff. 3(g) Stmt. ¶7. The search revealed, inter alia, $18,200 in currency, which was thereafter seized by DEA Task Force Investigators Brian Tousant and Joseph Loszynski as proceeds or instrumentalities of a drug crime. Compl. ¶¶ IV.2. Defendant Fritzen was present during but did not participate in either the search or the seizure. See Fritzen Decl. ¶ 7-9. Defendant Rogers participated in the surveillance on that day but was not present during the search of the vehicle. See Rogers Decl. ¶ 6-7.
On January 17,1989, the DEA commenced proceedings to forfeit the $18,200 seized from Pou’s vehicle. See Declaratiоn of James F. Bohn Sworn to October 29, 1991 (“Bohn” Decl.) ¶ 4(b). In an attempt to comply with statutory notice requirements, the DEA arranged publication of notice of the forfeiture for three successive weeks in USA Today, a newspaper of general circulation in the Southern District of New York. See Bohn Decl. ¶ 4(d).
In addition, on January 17,1989, the DEA mailed two copies of the forfeiture notice to Pou by certified mail, return receipt requested. See Bohn Dee. ¶ 4(b) & (c). The first copy of the forfeiture notice, addressed to the Jefferson County Jail in Watertown, New York, was returned to the DEA by the Postal Service unsigned. See Bohn Decl. ¶ 4(b). The second copy, addressed to what the DEA believed at that time to be Pou’s residence at 106 49th Avenue in Queens, New York, was returned to the DEA by thе Postal Service marked “no such number.” Id. ¶ 4(c).
Upon investigation, the DEA Office of Forfeiture Counsel thereafter learned that Pou’s correct address was 106-27 49th Street, Queens, New York. See Declaration of William J. Snider Sworn to July 26, 1994 (“Snider Decl.”) ¶ 6. On March 24, 1989, the DEA sent a third notice to that address by certified mail, return receipt requested (the “March 24 forfeiture notice”). See Bohn Decl. ¶ 4(c), Exh. 6. Thereafter, the DEA received from the Postal Service a signed postal receipt card from the March 24 forfeiture notice bearing the signature “Salvatore Pou.” See Bohn Deck, Exh. 7.
On August 3, 1989, having received no claims for the $18,200, the DEA declared the $18,200 in currency administratively forfeited to the United States pursuant to the federal forfeiture statutes, 19 U.S.C. §§ 1607-1618 and 21 U.S.C. § 881. See Bohn Deck ¶4®, Exh. 8.
In the underlying conspiracy trial in the County Court, Criminal Term for Jefferson County, Pou moved to suppress, inter alia, the $18,200 seized from Pou’s vehicle on the ground that there had been no probable *577 cause for the search. See Searvalone Decl. Exh. H. After conducting a four day hearing, the court ruled that probable cause for the search warrant had existed and denied Pou’s suppression motion, see Fritzen Decl., Exh. J.
On June 11, 1990, Pou was convicted of conspiring to distribute narcotics in violation of N.Y. Penal Law § 105.15.
See
Searvalone Decl., Exh. A. On appeal, Pou raised his claims of illegal search and seizure.
See
Searvalone Decl. Exh. L, 24-33. The New York State Appellate Division for the Fourth Department affirmed his conviction.
See People v. Pou,
In early January 1991, a neighbor residing in Pou’s three story Queens residence delivered to Pou’s wife the March 24, 1989 forfeiture notice. See Plaintiffs Memorandum of Law In Support of His Answer To Defendant’s Motions To Dismiss The Amended Complaint Or For Summary Judgment (“Pltff. Mem. II”) at 3. Shortly thereafter, Pou’s wife mailed the March 24 forfeiture notice to Pou, who was at that time incarcerated at the Sing Sing Correctional Facility. Id. On January 10, 1991, Pou actually received the March 24 forfeiturе notice forwarded by his wife. 4 Id.
On March 15, 1991, Pou filed the instant action against defendants DEA and DEA Task Force Agents Joseph Loszynski and Brian Tousant, whom Pou alleges conducted the search. By Order dated September 13, 1991, the complaint was dismissed sua sponte as against defendants Loszynski and Tousant on the ground that the complaint failed to state a cognizable constitutional сlaim.
On March 24, 1993, Pou filed an amended complaint in the instant action, which incorporates the original complaint by reference. In his amended complaint, Pou renewed his claims against the DEA and asserted for the first time claims against defendants Fritzen and Rogers in their individual and official capacities.
5
Read liberally,
see Haines v. Kerner,
*578 DISCUSSION
Pou claims that the March 24 forfeiture notice is statutorily defective because he did not sign the postal receipt card and did not actually receive the notice until almost a year and a half after the currency had been forfeited. Pursuant tо 19 U.S.C. § 1607(a), an agency commencing forfeiture proceedings is required to publish and send written notice of the seizure and its intention to forfeit the property to any interested party.
7
The statutory notice requirements are satisfied by notice mailed to the interested party’s last known address.
See Sarit v. U.S. Drug Enforcement Administration,
Nor was the March 24 forfeiture notice constitutionally defective. It is well established that the constitutional notice requirements set forth in
Mullane v. Central Hanover Bank & Trust Co.,
Neither due process nor the relevant forfeiture statute requires that a forfeiture claimant actually receive timely notice of an impending forfeiture.
See 51 Pieces of Real Property,
Pou brings his claims against defendants Rogers and Fritzen pursuant to 42 U.S.C. § 1983, which requires proof that defendants deprived him of a right secured by the Constitution or laws of the United States.
See West v. Atkins,
The Court will therefore construe Pou’s complaint against defendants Rogers and Fritzen as a
Bivens
claim.
See Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics,
In any event, Pou makes no allegations that Fritzen and Rogers were directly and personally responsible for the conduct complained of, or that they committed a specific wrongful act. Indeed, Pоu alleges that the $18,200 was seized by DEA Task Force Agents Loszynski and Tousant, who are no longer defendants.
See
Compl. ¶ IV.l. Defendant Fritzen was present but participated in neither the searches nor the seizure of the currency.
See
Fritzen Decl. ¶7-9. Defendant Rogers participated in the surveillance on that day, but was not present at the time the vehicle was searched.
See
Rogers Decl. ¶ 6-7. It follows that no rational fact finder could find them liable for the alleged constitutional violations complained of.
11
See Williams v. Smith,
Furthermore, taking all of the facts alleged by Pou as true and construing all inferences drawn therefrom in Pou’s favor,
see Adickes v. S.H. Kress & Co.,
CONCLUSION
For the reasons set forth above, defendants’ motion for summary judgment shall be and hereby is granted. Accordingly, the Clerk of Court is directed to dismiss the complaint as to defendants DEA, Fritzen and Rogers.
It is SO ORDERED.
Notes
. Salvador Pou is also spelled "Salvatore” in documents filed in the instant action.
. Defendant Joseph Loszynski, whose name is spelled "Loszynzki” in certain filings herein, does not join in the instant motions.
.In their moving papers, defendants notified Pou that summary judgment would be sought as an alternative remedy, and Pou has filed a memorandum of law, an affidavit and a statement of undisputed facts pursuant to Local Rule 3(g) in
*576
opposition to defendants' motion for summary judgment. Therefore, the Court treats defendants’ motion as a motion for summary judgment.
See In re G & A Books, Inc.,
. For the purpose of defendants’ motion fоr summary judgment, the Court will accept Pou’s allegations as true and accurate.
See Anderson v. Liberty Lobby, Inc.,
. In addition, Pou names defendant Loszynski in the caption of the amended complaint but asserts no claim against him except insofar as the amended complaint incorporates the original complaint. As set forth above, the original complaint was dismissed as against Loszynski. In addition, the record contains no indication that Pou has ever served process upon Loszynski. By Order dated February 6, 1996, the Court directed that, unless Pou demonstrates on or before •March 3, 1996 that Loszynski was served with process or shows good cause why Loszynski was not served with process, the Court will dismiss the amended complaint as against defendant Loszynski. By Order dated March 19, 1996, the Court extended Pou’s time to make such a showing until April 19, 1996. By submission dated April 9, 1996 entitled "Response to Order,” Pou states that he has never served process upon Loszynski. Therefore, because Pou fails to allege any reason, let alone good cause, for his failure to serve process upon Loszynski, the amended complaint shall be and hereby is dismissed without prejudice as to him.
.In his Complaint, Pou also seeks $500,000 in "penalties” damages. Compl. ¶ 5. However, in a later filing, Pou abandons his claim for damages and limits the recovery sought to injunctive relief for return of the $18,200.
See
Plaintiff’s Memorandum in Support of His Opposition ("Pltff. Mem. I”) at 8 ("the complaint seeks the exact amount seized from Plaintiff and acсordingly can be construed as a specific equitable remedy, namely return of the moneys taken”). In any event, even if they were not withdrawn, Pou’s claim for punitive damages against the DEA is barred by sovereign immunity,
see
Federal Tort Claims Act, 28 U.S.C. § 2674;
see also Carlson v. Green,
. The applicable federal forfeiture statute provides, in pertinent part:
Written notice of seizure together with information on the applicable procedures shall be sent to each party who appears to have an interest in the seized article.
Title 19 U.S.C. § 1607(a) (emphasis added).
. That the signature appeared on the certified mail receipt as "Salvatore” and not "Salvador” Pou cannot rationally give rise to the inference that the defendants should have known that the signature had been forged. Indeed, the undisputed evidence establishes that the DEA reasonably believed that the correct spelling was "Salvatore.” The DEA seizure file contained no sample of Pou’s handwriting against which the DEA could have compared the signature on the postal receipt. See Reply Declaration of James *579 W. Harper Swоrn to December 7, 1994 ¶4. Moreover, Pou’s name is spelled "Salvatore" on all of the documents in the DEA file. Id. at ¶ 5.
. In his memorandum in opposition, Pou asserts that the Court should construe his claim as seeking review pursuant to the Administrative Procedure Act, 5 U.S.C. § 701,
et seq.
(the "A.P.A.”). However, the A.P.A. does not serve as an independent basis for federal jurisdiction to review agency actiоns,
see Califano v. Sanders,
. Pou
appears
to have at one time abandonеd his claims against Rogers and Fritzen in their individual capacities.
See
Pltff. 3(g) Stmt, at 3, n. 1 ("[t]he Plaintiff does not oppose the dismissal of the complaint as to defendants Rogers and Fritzen’’);
see also
Plaintiff's Memorandum of Law In Opposition To Motion For Summary Judgment. (“Pltff. Mem. I”) at 6 (“[p]laintiff has moved to withdraw all claims against Fritzen and Rogers in their individual capacity”). However, Pou appears to have re-asserted his
Bivens
claims in his most recent filing,
see
Pltff. Mem. II at 8-9, which the Court construes liberally,
see Haines v. Kerner,
. In his "Memorandum of Law in Support of His Answer," Pou claims for the first time that defendants Rogers and Fritzen violated Pou’s rights under the Fourth and Fourteenth Amendments by choosing to seek forfeiture pursuant to the federal forfeiture statutes rather than pursuant to certain unspecified state forfeiture provisions. Id. at 9. Even if the Court were to construe Pou’s complaint to include this claim, that claim would lack any conceivable merit.
