United States of America v. 2001 Peterbilt Truck, California License No. UP50369

Filing 6

APPLICATION AND ORDER FOR PUBLICATION, signed by Judge Oliver W. Wanger on 7/29/2009. (Martin, S)

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

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. ) ) 2001 PETERBILT 387 TRUCK, ) CALIFORNIA LICENSE NO. UP50369, ) ) ) Defendant. ) ) __________________________________ )

1:09-CV-01305-OWW-DLB 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 2001 Peterbilt 387 Truck, California License No. UP50369,

(hereafter "defendant vehicle") was seized in the city of Fresno, California, and is in the custody of the U.S. Marshals Service, Eastern District of California. The Drug Enforcement 1
APPLICATION AND ORDER FOR PUBLICATION

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Administration ("DEA") published notice of the nonjudicial forfeiture of the defendant vehicle on April 6, 13, and 20, 2009, 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 after the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered. Dated: July 28, 2009 LAWRENCE G. BROWN Acting United States Attorney /s/ Deanna L. Martinez DEANNA L. MARTINEZ Assistant United States Attorney ORDER

25 26 IT IS SO ORDERED. 27 28 Dated: July 29, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 2
APPLICATION AND ORDER FOR PUBLICATION