041922P.pdf   10/14/2005  James Nunley  v.  Dept. of Justice
   U.S. Court of Appeals Case No:  04-1922
   Western District of Arkansas   
   [PUBLISHED] [Arnold, Author, with Loken, Chief Judge, and 
   Colloton, Circuit Judge] 
   Civil case - forfeiture. In case alleging the plaintiff did not receive 
   notice of forfeiture actions, the notices the government sent to the address 
   defendant shared with another person before his incarceration were not 
   sufficient to comply with due process, because they were indirect notices 
   and indirect notices do not suffice when the claimant's identity and 
   whereabouts are known to the government; on the question of whether 
   the notices sent to the jail where plaintiff was incarcerated were 
   sufficient, there is no irrebuttable presumption that a prison's internal 
   mail-distribution procedures are reasonably calculated to provide notice, 
   but the prisoner has the burden on demonstrating that the procedures are 
   inadequate; here, the district court erred in granting the government 
   summary judgment on all of plaintiff's claims of inadequate notice, and 
   the case should be remanded for further proceedings as to whether the 
   internal mail procedures were sufficient for some of the notices. Judge 
   Colloton, dissenting.