United States v. Cuellar

Filing 15

ORDER on 12 & 13 Defendant's Motion to Stay Collection of Restitution signed by District Judge Lawrence J. O'Neill on 7/20/2015. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,

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ORDER ON DEFENDANT’S
AMENDED MOTION TO STAY
COLLECTION OF RESTITUTION
(Docs. 12 & 13)

v.

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1:15-mc-00021 LJO

JOSEPH CUELLAR,
Defendant.

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The Court has received and reviewed the Defendant’s motion and the Government’s opposition.
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The attempted contest by the Defendant of the bank’s garnishment is untimely, and therefore waived,
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pursuant to the Federal Debt Collection Procedure Act, 28 U.S.C. sections 3202(d) and 3205(c)(5).
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The Government’s request to order Citibank to pay the Clerk of the U.S. District Court is not
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before this Court pursuant to the pending motion. Citibank must perform its duty pursuant to law in
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light of this Court’s denial of the Defendant’s motion.
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IT IS SO ORDERED.
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Dated:
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/s/ Lawrence J. O’Neill

July 20, 2015

UNITED STATES DISTRICT JUDGE

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