United States of America v. Peters

Filing 21

ORDER FOR ISSUANCE OF WRIT OF EXECUTION signed by Magistrate Judge Barbara A. McAuliffe on 3/27/2017. (Sant Agata, S)

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1 BENJAMIN B. WAGNER United States Attorney 2 PATRICK J. SUTER Assistant United States Attorney 3 2500 Tulare Street, Suite 4401 Fresno, California 93721 4 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 5 Attorneys for Plaintiff 6 United States 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 UNITED STATES OF AMERICA, Plaintiff, CASE NO. 1:15-MC-0031-BAM ORDER FOR ISSUANCE OF WRIT OF EXECUTION v. 13 (NUNC PRO TUNC) 14 15 DALE PETERS, Defendant and Judgment Debtor. 16 17 Before the Court is the United States’ ex parte Application for Writ of Execution for substantial 18 non-exempt property belonging to or due to Defendant-Judgment Debtor Dale Peters. After 19 consideration, the Court finds that the application meets the requirements of 18 U.S.C. ' 3613 and 28 20 U.S.C. ' 3203, and grants the application. 21 This Court ORDERS the United States District Clerk to issue the Writ of Execution and the 22 Clerk’s Notice, and provide them to the United States. The Clerk must maintain the application, this 23 Order, the Writ and not make them publicly available until the United States certifies that service of 24 process has been completed. The United States shall promptly notify the Clerk when service of the 25 process is complete, at which time the Clerk shall lift the ex parte restriction so that all ex parte filings 26 related to this matter is accessible in the same manner as other public documents. 27 IT IS ORDERED that in executing this Writ, the United States Marshal Service (USMS) may 28 use reasonable force, if necessary, in order to take possession of 21065 Christopher Circle, Sonora, 1 30 1 California 95370. 2 IT IS ORDERED that the USMS may contract with vendors as needed to store and maintain the 3 subject property, and to sell it in a commercially reasonable manner no sooner than 30 days after the 4 date of levy for personal property or 90 days after the date of levy for real property. 5 THIS COURT ORDERS the United States Marshals Service to deduct its costs, fees, and 6 expenses from the sale proceeds of the levied property and deliver the net proceeds to the United States 7 District Clerk for application to the judgment entered in this case. 8 IT IS FURTHER ORDERED that the levy and deposit of net sale proceeds shall not exceed 9 property reasonably equivalent in value to the aggregate amount of the judgment, costs, expenses, and 10 interest. 11 12 13 14 IT IS SO ORDERED. Dated: /s/ Barbara March 27, 2017 _ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 30 A. McAuliffe

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