United States v. Approximately $7,900.00 in U.S. Currency

Filing 4

STIPULATION and ORDER Extending the United States'Time to File a Complaint for Forfeiture and/or to Obtain an Indictment Alleging Forfeiture, signed by Chief Judge Anthony W. Ishii on 02/05/2009. (Filing due by 4/6/2009) (Martin, S)

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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,

) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $7,900.00 IN U.S. ) CURRENCY, ) ) Defendant. ) _____________________________________)

1:09-CV-00216-AWI-GSA STIPULATION AND ORDER EXTENDING THE UNITED STATES' TIME TO FILE A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE

It is hereby stipulated by and between the United States of America and Claimants Jose Elias Eljaik and Lani K. Greene (hereafter "Claimants"), by and through their respective attorney, as follows: 1. On or about November 6, 2008, Claimants filed a claim, in the administrative

forfeiture proceeding, with the Drug Enforcement Administration with respect to the approximately $7,900.00 in U.S. Currency (hereafter "currency"), which was seized on or about September 18, 2008. 2. The Drug Enforcement Administration has sent the written notice of intent to forfeit

required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a claim to the currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than the Claimants has filed a claim to the currency as required by law in the administrative forfeiture proceeding.

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3.

Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for

forfeiture against the currency and/or to obtain an indictment alleging that the currency is subject to forfeiture within 90 days after a claim has been filed in the administrative forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of the parties. 4. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to

April 6, 2009, the time in which the United States is required to file a civil complaint for forfeiture against the currency and/or to obtain an indictment alleging that the currency is subject to forfeiture. 5. Accordingly, the parties agree that the deadline by which the United States shall be

required to file a complaint for forfeiture against the currency and/or to obtain an indictment alleging that the currency is subject to forfeiture shall be extended to April 6, 2009. Dated: February 2, 2009 LAWRENCE G. BROWN Acting United States Attorney /s/ Deanna L. Martinez DEANNA L. MARTINEZ Assistant United States Attorney

Dated: February 2, 2009

/s/ Stephan A. DeSales STEPHAN A. DeSALES Attorney for Claimants Jose Elias Eljaik and Lani K. Greene (Original signature retained by attorney)

ORDER IT IS SO ORDERED.

23 24 25 26 27 28 2 Dated: 0m8i78 February 5, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE