may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (1998).
STATE OF MINNESOTA
IN COURT OF APPEALS
Rafiq Zareef Muhaymin,
Jeff Jindra, et al.,
Filed March 9, 1999
Hennepin County District Court
File No. 9721684
Rafiq Zareef Muhaymin, Reg. No. 6746-041, Federal Correctional Institution, P.O. Box 1000, Oxford, Wisconsin 53952 (pro se appellant)
City of Brooklyn Park, 5200 85th Avenue North, Brooklyn Park, MN 55443 (respondents)
Considered and decided by Crippen, Presiding Judge, Halbrooks, Judge, and Mulally, Judge.[*]
Appellant contends the trial court erred when it concluded it lacked personal jurisdiction over the respondents in a suit for recovery of personal property. We affirm.
The trial court concluded the following:
That the Court lacks jurisdiction over this matter. In reviewing the record, it does not appear that defendants have been served as required by Minn. R. Civ. P. 3.01(a) which states in relevant part that, "a civil action is commenced against each defendant: (a) when the summons is served upon that defendant."
Appellant alleged that he was entitled to return of the property under Minn. Stat. § 626.21. But this statute permits only a motion proceeding that is auxiliary to a pending or ongoing proceeding. See Minn. Stat. § 626.21 (stating that "[t]he motion shall be made before trial or hearing unless opportunity therefor did not exist or the defendant was not aware of the grounds for the motion, but the court in its discretion may entertain the motion at the trial or hearing"). Aside from appellant's failure to serve respondents, therefore, the court lacked jurisdiction to hear the motion because there was no pending or ongoing proceeding. It also did not have jurisdiction over appellant's "malicious procurement of a warrant" charge, because the allegation is a misdemeanor, which the City Attorney's office, not appellant, is authorized to prosecute. Minn. Stat. § 626.22 (1998) (malicious procurement of warrant a misdemeanor); Minn. Stat. § 487.25, subd. 10 (1998) (city prosecutes misdemeanors).
With his pleadings and arguments, appellant has stated what is tantamount to a civil action for the recovery of personal property. As the trial court correctly noted, however, a civil action does not commence, and the court does not acquire jurisdiction, where the defendants have not been served.
[*] Retired judge of the district court, serving as judge of the Minnesota Court of Appeals pursuant to Minn. Const. art. VI, § 10.
 Appellant was formerly known as Ivory Mosby.