United States of America v. Approximately $179,298.00 in U.S. Currency

Filing 23

ORDER Lifting Stay of Civil Forfeiture Proceedings and Setting Matter For a Scheduling Conference signed by Magistrate Judge Gary S. Austin on 2/16/2010. Scheduling Conference set for 4/19/2010 at 09:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Esteves, C)

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 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $179,298.00 IN U.S. ) CURRENCY, ) ) Defendant. ) __________________________________ ) 1:09-CV-00648-AWI-GSA ORDER LIFTING STAY OF CIVIL FORFEITURE PROCEEDINGS AND SETTING MATTER FOR A SCHEDULING CONFERENCE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

On June 26, 2009, Claimant CLARENCE PICKENS filed a Motion to Stay Civil Forfeiture Proceedings pursuant to Title 18 of the United States Code section 981(g)(2). Plaintiff UNITED STATES OF AMERICA did not oppose the motion. On July 28, 2009, this Court issued an order granting a stay of the action pending the outcome of related state criminal proceedings. (Doc. 19.) In a status report dated February 10, 2010, the Government indicates that on November 10, 2009, Claimant pled guilty to the possession of marijuana, a violation of California Health & Safety Code section 11357(b), in the Stanislaus County Superior Court. Thereafter, the parties conferred, and the Government now requests that the stay of the instant forfeiture proceedings be lifted as a result of the state court resolution. (Doc. 22 at 2.) // //

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In light of the foregoing, this Court hereby LIFTS the previously-imposed stay and SETS this matter for an Initial Scheduling Conference on Monday, April 19, 2010, at 9:30 a.m. in Courtroom 10.

IT IS SO ORDERED. Dated: 6i0kij

February 16, 2010

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE