United States of America, The v. Currency

Filing 19

MEMORANDUM OPINION AND ORDER After careful consideration of the record in this case and the magistrate judge's report and recommendation, the court hereby ADOPTS the report of the magistrate judge. The court further ACCEPTS the recommendations of the magistrate judge that Claimant's motion to dismiss be GRANTED in part and DENIED in part. Signed by Judge Abdul K Kallon on 09/30/2013. (PSM)

FILED
2013 Sep-30 AM 09:32
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF
AMERICA,
Plaintiff,
vs.
$83,274.51 SEIZED FROM
BBVA COMPASS BANK
ACCOUNT NUMBER
XXXX9194,
Defendant.

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Civil Action Number
2:13-cv-153-JEO

MEMORANDUM OPINION AND ORDER
The magistrate judge filed a report and recommendation on July 2, 2013,
recommending that Claimant Michael W. McClure’s motion to dismiss and for
return of seized funds, doc. 9, be granted in part and denied in part. See doc. 16. The
Government has filed objections thereto. Doc. 17.
After careful consideration of the record in this case and the magistrate
judge’s report and recommendation, the court hereby ADOPTS the report of the
magistrate judge. The court further ACCEPTS the recommendations of the
magistrate judge that Claimant’s motion to dismiss be GRANTED in part and
DENIED in part. The Government has stated a claim for forfeiture pursuant to 18

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U.S.C. § 981, and as such, may proceed on that ground. However, because any
attempt to use 18 U.S.C. § 984 would be time barred, the Government is prohibited
from proceeding under that theory.
DONE this 30th day of September, 2013.

________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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