United States of America v. Approximately $3,199.20 in U.S. Currency et al

Filing 5

ORDER approving application for publication signed by Judge Gary S. Austin on 11/7/2007. (Lucas, G)

United States of America v. Approximately $3,199.20 in U.S. Currency et al

Doc. 5

Case 1:07-cv-01587-AWI-GSA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 APPROXIMATELY $230.61 IN U.S. CURRENCY, v. APPROXIMATELY $3,199.20 IN U.S. CURRENCY and, UNITED STATES OF AMERICA, Plaintiff,

Document 5

Filed 11/08/2007

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McGREGOR W. SCOTT United States Attorney STEPHANIE HAMILTON BORCHERS Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

) ) ) ) ) ) ) ) ) ) ) ) ) ) )

1:07-CV-01587-AWI-GSA APPLICATION AND ORDER FOR PUBLICATION

The United States of America, Plaintiff herein, applies for an order of publication as follows: 1. Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset

Forfeiture Actions (hereafter "Supplemental Rules") provides that the Plaintiff shall cause public notice of the action and arrest to be given in a newspaper of general circulation, designated by order of the Court; 2. Local Rule 83-171, Eastern District of California, provides that the Court shall designate

by order the appropriate newspaper for publication; 3. The defendants Approximately $3,199.20 in U.S. Currency and Approximately $230.61

in U.S. Currency (hereafter collectively "defendant currency") were seized in the city of Bakersfield, in 1

Dockets.Justia.com

Case 1:07-cv-01587-AWI-GSA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// ///

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Kern County, California. The Federal Bureau of Investigation ("FBI") published notice of the nonjudicial forfeiture of the defendant currency on October 20, 27, and November 3, 2006, in the Wall Street Journal. 4. Plaintiff proposes that publication be made as follows: a. b. One publication; In the following newspaper, a legal newspaper of general circulation, located in

the county in which the defendant currency were seized: Daily Report; c. The publication is to include the following: (1) (2) (3) (4) (5) The Court, title and number of the action; The date of the arrest/seizure; The identity and/or description of the property arrested/seized; The name, address, and telephone number of the attorney for the Plaintiff; A statement that claims of persons entitled to possession or claiming an

interest pursuant to Supplemental Rule G(5) must be filed with the Clerk and served on the attorney for the Plaintiff within 30 days after the date of publication; (6) A statement that answers to the Complaint or a motion under Rule 12 of

the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") must be filed and served within 20 days after the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered; (7) A statement that applications for intervention under Fed. R. Civ. P., Rule

24 by persons claiming maritime liens or other interests shall be filed within the 30 days allowed for claims for possession; and

2

Case 1:07-cv-01587-AWI-GSA 1 2 3 4 5 6 7 8 (8) Department of Treasury. Dated: Nov. 6, 2007

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The name, address, and telephone number of the U.S. Marshal and/or

McGREGOR W. SCOTT United States Attorney /s/ Stephanie Hamilton Borchers STEPHANIE HAMILTON BORCHERS Assistant United States Attorney

ORDER 9 10 11 12 60kij8 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 IT IS SO ORDERED. Dated:

November 7, 2007

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE