USA v. Approximately $4,023.00 in U.S. Currency et al

Filing 6

ORDER FOR PUBLICATION signed by Magistrate Judge Dale A. Drozd on 1/14/2009 ORDERING 1 Plaintiff shall cause public notice of the action and arrest to be given in a newspaper of general circulation or on the official internet gov't forfeiture site as to Approx. $4,023 in U.S. Currency; Approx. $1,280 in US Currency; Approx. $5,510 in US Currency and Approx. 169 Boxes of Smokeless Tobacco seized in the city of Las Vegas, in Clark County, Nevada, and Approx. $6,268 in US Currency seized in the city of Queen Creek, in Maricopa County, Arizona. A statement that answers to the Complaint or a motion under Rule 12 of the FRCP must be filed and served within 20 days after the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered. (Reader, L)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 LAWRENCE G. BROWN Acting United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2723 Attorneys for Plaintiff United States of America IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, v. APPROXIMATELY $4,023.00 IN U.S. CURRENCY, APPROXIMATELY $1,280.00 IN U.S. CURRENCY, APPROXIMATELY $6,268.00 IN U.S. CURRENCY, APPROXIMATELY $5,510.00 IN U.S. CURRENCY, and APPROXIMATELY 169 Boxes of SMOKELESS TOBACCO, Defendants. 22 23 24 25 26 27 28 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:09-CV-00111-WBS-DAD APPLICATION AND ORDER FOR PUBLICATION 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 and Asset Forfeiture Actions (hereafter "Supplemental Rules") provides that the Plaintiff shall cause public notice of the action and arrest to be given in a newspaper 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of general circulation or on the official internet government forfeiture site; 2. Local Rule 83-171, Eastern District of California, provides that the Court shall designate by order the appropriate newspaper or other vehicle for publication; 3. The defendants Approximately $4,023.00 in U.S. Currency; Approximately $1,280.00 in U.S. Currency; Approximately $5,510.00 in U.S. Currency and Approximately 169 Boxes of Smokeless Tobacco were seized in the city of Las Vegas, in Clark County, Nevada. defendant Approximately $6,268.00 in U.S. Currency was seized in the city of Queen Creek, in Maricopa County, Arizona. 4. Plaintiff proposes that publication be made as follows: a. b. c. One publication; Thirty (30) consecutive days; On the official internet government forfeiture The site www.forfeiture.gov; d. The publication is to include the following: (1) (2) (3) arrested/seized; (4) Plaintiff; (5) A statement that claims of persons entitled to The name and address of the attorney for the The Court and case number of the action; The date of the arrest/seizure; The identity and/or description of the property possession or claiming an interest pursuant to Supplemental Rule G(5) must be filed with the Court and served on the attorney for the Plaintiff no later than 60 days after the first day of ///// 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 publication on the official internet government forfeiture site; and (6) A statement that answers to the Complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") must be filed and served within 20 days after the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered. Dated: Jan. 12, 2009 LAWRENCE G. BROWN Acting United States Attorney /s/ Kristin S. Door KRISTIN S. DOOR Assistant United States Attorney ORDER IT IS SO ORDERED. DATED: January 14, 2009. Ddad1/orders.civil/USvApprox$4,023.0111.ord 3

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