United States v. Approximately $77,000.00 in U.S. Currency

Filing 4

Application and ORDER for Publication signed by Magistrate Judge Gary S. Austin on 8/1/2011. (Bradley, A)

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BENJAMIN B. WAGNER
United States Attorney
HEATHER MARDEL JONES
Assistant U.S. Attorney
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

) 1:11-CV-01251-OWW-GSA
)
Plaintiff,
) APPLICATION AND ORDER FOR
) PUBLICATION
v.
)
)
APPROXIMATELY $77,000.00 IN
)
U.S. CURRENCY,
)
)
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

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and Asset Forfeiture Actions (hereafter "Supplemental Rules") provides that the

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United States shall cause public notice of the action to be given in a newspaper of

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general circulation or on the official internet government forfeiture site;

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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 $77,00.00 in U.S. Currency (hereafter

“defendant currency”) was seized in Fresno County, California.
4.

Plaintiff proposes that publication be made as follows:
a.

One publication;

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Application and Order for Publication

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b.

Thirty (30) consecutive days;

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c.

On the official internet government forfeiture site

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www.forfeiture.gov;

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d.

The publication is to include the following:

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(1)

The Court and case number of the action;

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(2)

The date of the seizure/posting;

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(3)

The identity and/or description of the property

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(4)

The name and address of the attorney for the Plaintiff;

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(5)

A statement that claims of persons entitled to possession

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seized/posted;

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or claiming an interest pursuant to Supplemental Rule G(5) must be filed with the

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Court and served on the attorney for the Plaintiff no later than 60 days after the

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first day of publication on the official internet government forfeiture site; and

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(6)

A statement that answers to the Complaint or a motion

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under Rule 12 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") must be

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filed and served within 21 days after the filing of the claims and, in the absence

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thereof, default may be entered and condemnation ordered.

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Dated: July 28, 2011

BENJAMIN B. WAGNER
United States Attorney

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/s/ Heather Mardel Jones
HEATHER MARDEL JONES
Assistant United States Attorney

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ORDER

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IT IS SO ORDERED.
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Dated:
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6i0kij

August 1, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Application and Order for Publication