United States District Court, D. Idaho
MEMORANDUM DECISION AND ORDER
LYNN WINMILL CHIEF U.S. DISTRICT COURT JUDGE
before the Court is Defendant United States of America's
Motion to Dismiss the Third-Party Petition of Randy Dalton
for Lack of Standing and Failure to State a Claim. Dkt. 191.
The Court finds these matters appropriate for decision
without oral argument. For the reasons explained below, the
Court will GRANT the motion to dismiss.
a forfeiture action arising from a criminal case against
Defendant William Walker. On April 26, 2016, Walker and three
co-defendants were indicted on charges of conspiracy to
distribute methamphetamine. Dkt. 1. Walker pled guilty to the
conspiracy charges, drug forfeitures, and firearm
forfeitures, and was sentenced to 87 months in prison. Dkt.
173. In total, thirty-eight firearms were forfeited.
United States published a notice of forfeitures on an
official government website for thirty consecutive days. Dkt.
184. An ATF firearms records inquiry was conducted and
Petitioner Randy Dalton's name was returned as being
potentially connected to a Derringer .32 pistol with serial
number 296245. The record indicated that the firearm was
purchased from a Burley Pawn Shop in 1992, but did not
indicate who was the current owner. Pl.'s Br. at
2, Dkt. 191. On October 26, 2017, Dalton was notified via
certified mail of the items being forfeited. That
notification advised Dalton of the procedures for filling a
claim for any one of the thirty-eight forfeited firearms,
pursuant to 21 U.S.C. § 853(n).
called the United States Attorney's office on November 2,
2017, and spoke with AUSA Kevin Maloney. Pl.'s
Br. at 2, Dkt. 191. Maloney reviewed the procedures for
filing a claim with Dalton and directed Dalton to the
instructions in the Notice of Forfeiture. Maloney
Aff. ¶ 5, Dkt. 191-1. Those instructions include
the requirement that the petition be signed under penalty of
perjury. Maloney Aff. ¶ 6, Dkt. 191-1.
November 13, 2017, Dalton filed his Petition with the Court.
Dkt. 187. The Petition was signed, but not under penalty of
perjury. In the Petition, Dalton asserted an interest in
seven firearms, along with a brief description of each:
1. A .32 caliber (apparenty SN 6545) per letter make unknown
chrome plated 2 shot Derringer last seen in a blue twill
cloth type case, w/2 bullets purchase Burley or Twin or
2. A Black Powder 54 cal left hand wood stock - Cabella
purchased - carbine muzzle loader - Cabella Sydney, NE;
3. A Black Powder - inline Boltaction Synthetic Stock -
Muzzle loader .50 or .54 cal. Cabella purchase Syndney
4. A 9mm lever action Carbine, given to me by my foster
sister after her daughters death (or hospitalization) I
don't recall exactly - Brand unknown possibly Marlin, or
Savage. Good shape from Vancouver, WA;
5. 1 - SKS 5.56 Nato Surles Rifle Purchase at yard sale in
New Shop Idaho or Colorado;
6. A .22 Caliber Ruger Auto Rifle in almost new condition
purchase CAL ...