United States v. 6,650 Mexican Pesos with a U.S. Dollar Value of Approximately $606.21 et al

Filing 5

Application and ORDER For Publication signed by Magistrate Judge Gary S. Austin on 1/21/2009. (Esteves, C)

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LAWRENCE G. BROWN Acting United States Attorney DEANNA L. MARTINEZ 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

UNITED STATES OF AMERICA,

) 1:09-CV-00114-LJO-GSA ) Plaintiff, ) ) v. ) ) APPLICATION AND ORDER FOR 6,650 MEXICAN PESOS WITH A U.S. ) PUBLICATION DOLLAR VALUE OF APPROXIMATELY ) $606.21, and ) ) 2005 HONDA CIVIC HYBRID, ) VIN: JHMES96685S009667, ) LICENSE: 5NJS481, ) ) Defendants. ) _____________________________________) 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 or on the official internet government forfeiture site; 2. Local Rule 83-171, Eastern District of California, provides that the Court shall

designate by order the appropriate newspaper or other vehicle for publication; 3. 4606.21 The defendants 6,650 Mexican pesos with a U.S. dollar value of approximately (hereafter "defendant currency") and 2005 Honda Civic Hybrid, VIN:

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JHMES96685S009667, License: 5NJS481 were seized in the city of Turlock, in Stanislaus County, California. The Drug Enforcement Administration ("DEA") published notice of the nonjudicial forfeiture of the defendant currency and defendant vehicle on September 29, October 6, and 13, 2008 in the Wall Street Journal. 4. Plaintiff proposes that publication be made as follows: a. b. c. d. One publication; Thirty (30) consecutive days; On the official internet government forfeiture site www.forfeiture.gov; The publication is to include the following: (1) (2) (3) (4) (5) The Court and case number of the action; The date of the arrest/seizure; The identity and/or description of the property arrested/seized; The name and address 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 Court and served on the attorney for the Plaintiff no later than 60 days after the first day of publication on the official internet government forfeiture site; and (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

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/// after the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered. Dated: January 20, 2009 LAWRENCE G. BROWN Acting United States Attorney

/s/ Deanna L. Martinez DEANNA L. MARTINEZ Assistant United States Attorney ORDER IT IS SO ORDERED. Dated: 6i0kij

January 21, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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