United States of America v. Real Property Located at 5590 E. Garland Avenue, Fresno, Fresno County, California, APN: 494-050-20, Including All Appurtenances and Improvements Thereto

Filing 5

Application and ORDER for Publication signed by Magistrate Judge Gary S. Austin on 12/19/2011. (Bradley, A)

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BENJAMIN B. WAGNER
United States Attorney
HEATHER MARDEL JONES
Assistant United States Attorney
United States Courthouse
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,

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Plaintiff,
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v.
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REAL PROPERTY LOCATED AT
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5590 E. GARLAND AVENUE,
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FRESNO, FRESNO COUNTY,
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CALIFORNIA,APN:494-050-20,
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INCLUDING ALL
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APPURTENANCES AND
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IMPROVEMENTS THERETO
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Defendant.
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__________________________________ )

APPLICATION AND ORDER FOR
PUBLICATION

The United States of America, Plaintiff herein, applies for an order of

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1:11-CV-02052-AWI-GSA

publication as follows:
1.

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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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Plaintiff shall cause public notice of the action to be given in a newspaper of general

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circulation or on the official internet government forfeiture site;
2.

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Local Rule 171, Eastern District of California, provides that the Court

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shall designate by order the appropriate newspaper or other vehicle for publication;

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Application and Order For Publication

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The defendant 5590 E. Garland Ave., Fresno California, Fresno

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County APN: 494-050-20, including all appurtenances and improvements thereto

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(hereafter “defendant real property”) is located in the city of Fresno, in Fresno

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County, California.
4.

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Plaintiff proposes that publication be made as follows:

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a.

One publication;

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b.

Thirty (30) consecutive days;

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c.

On the official internet government forfeiture site
www.forfeiture.gov;

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d.

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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
(6)

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A statement that answers to the Complaint or a motion

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under Rule 12 of the Federal Rules of Civil Procedure must be filed and served

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within 21 days after the filing of the claims and, in the absence thereof, default may

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Application and Order For Publication

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be entered and condemnation ordered.

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Dated: December 16, 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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December 19, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Application and Order For Publication