United States of America v. Peters

Filing 2

ORDER following transfer from The Eleventh Circuit Court of Appeals signed by Magistrate Judge Barbara A. McAuliffe on 10/26/2015. (Filing Deadline: 11/20/2015). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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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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DALE PETERS,

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Defendant.

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Case No.: 1:15-mc-0031-BAM
ORDER FOLLOWING TRANSFER FROM
THE ELEVENTH CIRCUIT COURT OF
APPEALS

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On April 23, 2015, the Eleventh Circuit Court of Appeals vacated a decision by the United

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States District Court for the Southern District of Florida issuing a Writ of Execution against property

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owned by Defendant Dale Peters and transferring the underlying action to this Court. United States v.

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Peters, 783 F.3d 1361 (11th Cir. Fla. 2015). In vacating and remanding the decision, the Eleventh

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Circuit held that the Florida District Court erred in refusing to transfer Defendant’s Amended Writ of

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Execution proceedings to California for a hearing and decision, where he resides. Id. at 1364.

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To date, neither party has filed a motion seeking relief in this Court. Accordingly, based on the
Eleventh Circuit’s remand order, this Court hereby ORDERS as follows:
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On or before November 20, 2015, counsel for the United States of America in the

underlying Florida action SHALL file a status report indicating whether the government intends to

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proceed in this district. If Plaintiff intends to proceed with its Writ of Execution, it must be re-filed in

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this Court;

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2.

The Clerk of the Court is DIRECTED to serve this ORDER on Attorney Carlos Raurell

at this address:
Carlos Raurell
Assistant United States Attorney
99 N. E. 4th Street, #300
Miami, FL 33132-211

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3.

The Clerk of the Court is DIRECTED to serve this ORDER on Defendant.

IT IS SO ORDERED.

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Dated:

/s/ Barbara

October 26, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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