33), but deferred a ruling on the motion for the issuance of a certificate of reasonable cause so as to consider it in relation to the claimant's motion for an award of attorney fees. This Court granted the motion to dismiss (Docket No. 19) and contemporaneously moved for the issuance of a certificate of reasonable cause as to the seizure of the firearms pursuant to 28 U.S.C. Subsequently, on June 3, 1994, the government moved to dismiss the forfeiture action (Docket No. 15, Transcript of April 25, 1994, proceedings before Judge White). Katona's favor on April 25, 1994, when Judge George White directed a verdict for Mr. Then, on October 28, 1993, the government initiated this forfeiture action as to the 32 seized firearms. Katona initiated his civil action, he was indicted by a federal grand jury for having submitted forged signatures of Chief Beran in support of his applications to transfer ownership of the 32 seized firearms (Compl. On September 14, 1993, almost six months after Mr. This civil action is currently pending before this Court. The three special agents sought the search warrant which they later used to seize the firearms (Claimant's Mot. 5:93 CV 0638 ("civil action"), against Joseph Beran, the Chief of Police of the City of Bucyrus, Ohio, and three special agents of the Bureau of Alcohol, Tobacco, and Firearms ("BATF"), Lance Kimmell, Stephen St. Katona filed a federal civil rights action, Case No. Three cases arose from the seizure of 32 firearms from the home of Louis E. A review of the procedural setting surrounding these competing motions is appropriate. Katona"), and the competing motion of the claimant for an award of attorney fees and costs (Docket No. 18) for issuance of a certificate of reasonable cause in connection with its failed seizure of 32 firearms from the residence of the successful claimant Louis E. The Court has before it the motion of Plaintiff, the United States of America, (Docket No. Jeffries, III, Greenboro, NC, for claimant. Shimko, Sr., Shimko & Associates, Cleveland, OH, James H.
Marvinney, Reminger & Reminger, Cleveland, OH, pro se. Attorney, Cleveland, OH, for plaintiff.Ĭraig A.
ONE DLO MODEL A/C, 30.06 MACHINE GUN, SERIAL NUMBER 86-70056, et.