United States of America v. Monk

Filing 9

APPLICATION TO QUASH WRIT AGAINST GARNISHEE (DAVID TORRES, ESQ) AND ORDER signed by Chief Judge Anthony W. Ishii on 11/17/2010. (Martin, S)

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United States of America v. Monk Doc. 9 1 2 3 4 5 BENJAMIN B. WAGNER United States Attorney ANA MARIA MARTEL Assistant United States Attorneys 501 "I" Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2700 Facsimile: (916) 554-2900 Attorneys for United States of America 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Application to Quash W r it Against Garnishee and Order EASTERN DISTRICT OF CALIFORNIA (FRESNO DIVISION) UNITED STATES OF AMERICA, Plaintiff, v. (1:08CR00365-001-AWI) PAUL EDWARD MONK Defendant and Judgment Debtor. Misc. Case No. 1:10-MC-00012 AWI DAVID TORRES, Esq. Garnishee. APPLICATION TO QUASH WRIT AGAINST GARNISHEE AND ORDER The United States of America hereby requests an order to quash the Writ of Execution/Garnishment issued against DAVID TORRES, the Garnishee herein. After the Garnishee failed to answer or respond to the writ issued against him, Mr. Torres' deposition was noticed. Mr. Torres appeared. Based on the documents provided to the United States and the discussions with the Garnishee, it was determined that no property and/or accounts are under the custody or control of David Torres in which Defendant and Judgment-debtor, Paul Edward Monk, had any interest. Page 1 of 2 Dockets.Justia.com 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 Accordingly, the United States requests that the writ issued against the Garnishee herein be quashed. Dated: BENJAMIN B. WAGNER United States Attorney By: ANA MARIA MARTEL Assistant United States Attorney ORDER IT IS SO ORDERED. Dated: 0m8i78 November 17, 2010 CHIEF UNITED STATES DISTRICT JUDGE Application to Quash W r it Against Garnishee and Order Page 2 of 2

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