USA v. 2005 Hummer H-2, VIN: 5GRGN23U65H118099, License No. 5LRC762

Filing 5

Application and ORDER For Publication signed by Magistrate Judge Gary S. Austin on 2/4/2009. (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, CA 93721 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff

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

UNITED STATES OF AMERICA, Plaintiff, v. 2005 HUMMER H-2, VIN: 5GRGN23U65H118099, LICENSE NO. 5LRC762, Defendant.

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1:09-CV-00182-LJO-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 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. The defendant 2005 Hummer H-2, VIN: 5GRGN23U65H118099, License No. 5LRC762

(hereafter "defendant vehicle") was seized in Cathedral City, in Riverside County, California. ///

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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 after the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered.

Dated: 1/30/09

LAWRENCE G. BROWN Acting United States Attorney /s/ Deanna L. Martinez DEANNA L. MARTINEZ Assistant United States Attorney ORDER

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February 4, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE