United States of America v. Approximately $282,247.00 in U.S. Currency

Filing 5

ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/5/2009 ORDERING 1 that the Plaintiff shall cause public notice of the action and arrest to be given in a newspaper of general circulation or on an official internet Government forfeiture sit e; and that 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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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: [phone] 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 $282,247.00 IN U.S. CURRENCY, Defendant.

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2:09-CV-00301-WBS-KJM 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 of general circulation or on an 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 defendant approximately $282,247.00 in U.S. 1

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Currency (hereafter the "defendant currency") was seized in the city of Sacramento, in Sacramento County, California. The Drug

Enforcement Agency published notice of the nonjudicial forfeiture of the defendant currency on November 3, 10, and 17, 2008, in the Wall Street Journal. 4. Plaintiff proposes that publication be made as follows: a. b. c. One publication; Thirty (30) consecutive days; On the official internet government forfeiture

site www.forfeiture.gov; d. The publication is to include the following: (1) (2) (3) The Court and case number of the action; The date of the arrest/seizure; The identity and/or description of the

property arrested/seized; (4) Plaintiff; (5) A statement that claims of persons entitled The name and address of the attorney for the

to 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 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 /// /// 2

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the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered; Dated: Feb. 3, 2009 LAWRENCE G. BROWN Acting United States Attorney

/s/Kristin S. Door KRISTIN S. DOOR Assistant United States Attorney

ORDER 10 IT IS SO ORDERED. 11 Dated: February 5, 2009. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3