USA v. Approximately $25,522.33 in U.S. Currency seized from Desert Valleys FCU Account Number 26596, held in the name of B&C Natural Things

Filing 6

Application and ORDER For Publication signed by Magistrate Judge Gary S. Austin on 8/5/2010. (Esteves, C)

USA v. Approximately $25,522.33 in U.S. Currency seized fr... in the name of B&C Natural Things

Doc. 6

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BENJAMIN B. WAGNER 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,

) 1:10-cv-01368 OWW GSA ) Plaintiff, ) APPLICATION AND ORDER FOR ) PUBLICATION v. ) ) APPROXIMATELY $25,522.33 IN U.S. ) CURRENCY SEIZED FROM DESERT ) VALLEYS FCU ACCOUNT NUMBER ) 26596, HELD IN THE NAME OF B&C ) NATURAL THINGS, ) ) Defendant. ) _____________________________________) 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 to be given in a newspaper of general circulation or on the official internet government forfeiture site; 2. Local Rule 171, Eastern District of California, provides that the Court shall designate

by order the appropriate newspaper or other vehicle for publication; 3. The defendant approximately $25,522.33 in U.S. Currency seized from Desert

Valleys FCU account number 26596, held in the name of B&C Natural Things (hereafter "defendant funds") was seized in the city of Ridgecrest, Kern County, California.

APPLICATION AND ORDER FOR PUBLICATION

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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 seizure/posting; The identity and/or description of the property seized/posted; 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 21 days after the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered. Dated: July 30, 2010 BENJAMIN B. WAGNER United States Attorney /s/ Deanna L. Martinez DEANNA L. MARTINEZ Assistant United States Attorney ORDER IT IS SO ORDERED.

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August 5, 2010

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

APPLICATION AND ORDER FOR PUBLICATION

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