United States of America v. $9,447.00 In United States Currency

Filing 11

ORDER granting 10 Motion for Reconsideration re 9 Decree of Forfeiture, Terminated Case filed by Pilar German-Villalobos. Signed by Judge Jimm Larry Hendren on January 11, 2007. The Clerk of Court is to furnish copy of this order and all documents filed in this matter to Pilar German-Villalobos at the Winton, NC address.(tg)

United States of America v. $9,447.00 In United States Currency

Doc. 11

Case 5:06-cv-05183-JLH

Document 11

Filed 01/11/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION UNITED STATES OF AMERICA v. Civil No. 06-5183 DEFENDANT PLAINTIFF

$9,447.00 IN UNITED STATES CURRENCY ORDER Now on this 11th day of January, 2007,

comes

on

for

consideration a letter request (filed as document #10 and referred to herein as a Motion For Reconsideration) in which Pilar German Villalobos asks the Court to reconsider the forfeiture of

$9,447.00, which he alleges to be his "life savings." A review of the file in this matter indicates that Villalobos was personally served with a copy of the Verified Complaint Of Forfeiture, Summons and Order Of Arrest on October 25, 2006, and failed to assert a claim to the funds or to make answer to the Complaint. Were that all there was to the matter, the Court would not find it necessary to take action on the Motion For

Reconsideration. Villalobos detained was at

The Court notes, however, that at the time served with the papers listed above, he was

the

Benton

County

Detention

Center.

Because

Villalobos was provided with the services of an interpreter at his initial appearance, arraignment, change of plea hearing, and sentencing, the Court believes that he is not fluent in English, and there is no evidence that he had the services of a translator

Dockets.Justia.com

Case 5:06-cv-05183-JLH

Document 11

Filed 01/11/2007

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while at the Benton County Detention Center. Thus the Court finds it entirely possible that Villalobos did not understand the meaning of the papers he received. In addition, the Certificate of Service on the Motion For Decree Of Forfeiture states that the motion was filed

electronically "with the Clerk of Court using the CM/ECF System which will send notification of such filing to" Villalobos. The

CM/ECF filing system does not, however, result in automatic notification to a pro se litigant. It is up to the moving party

to serve pro se parties by conventional means, such as mail or personal service. Thus, it appears that Villalobos may not have

received notice of the motion which resulted in the entry of the Decree Of Forfeiture. For these reasons, the Court believes that the matter should be reopened for consideration of Villalobos' claim on its merits. IT IS THEREFORE ORDERED that the Motion For Reconsideration (document #10) is granted. IT IS FURTHER ORDERED that the Clerk of Court furnish copies of this Order and all documents heretofore filed in this matter to Pilar German Villalobos at the following address: Pilar German Villalobos 07811010.C.6 Rivers Correctional Institute P.O. Box 630 Winton, N.C. 27986 IT IS FURTHER ORDERED that Villalobos will be allowed thirty -2-

Case 5:06-cv-05183-JLH

Document 11

Filed 01/11/2007

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(30) days from the date of this Order to file a Verified Statement of Interest, and twenty (20) days after that date to file an Answer to the Verified Complaint Of Forfeiture. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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