United States of America v. Approximately $156,000.00 in U.S. Currency et al

Filing 9

ORDER signed by Magistrate Judge John F. Moulds on 5/2/2011 GRANTING 1 Government's Application for publication as to Rule G(4) and Local Rule 171. (Reader, L)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 UNITED STATES OF AMERICA, 10 Plaintiff, 11 v. 12 13 APPROXIMATELY $156,000.00 IN ) U.S. CURRENCY, and 14 APPROXIMATELY $2,839.00 IN U.S. CURRENCY, 15 Defendants. 16 ) ) ) ) ) ) 2:11-CV-00879-GEB-JFM APPLICATION AND ORDER FOR PUBLICATION ) ) ) ) ) ) ) 17 The United States applies for an order of publication as follows: 18 1. Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset 19 Forfeiture Actions (hereafter "Supplemental Rules") provides that the United States shall cause 20 public notice of the action to be given in a newspaper of general circulation or on the official 21 internet government forfeiture site; 22 2. Local Rule 171, Eastern District of California, provides that the Court shall designate 23 by order the appropriate newspaper or other vehicle for publication; 24 3. The defendants Approximately $156,000.00 in U.S. Currency and Approximately 25 $2,839.00 in U.S. Currency (hereafter “defendant currency”) were seized in the city of Chico, in 26 Butte County, California. The Drug Enforcement Administration published notice of the non27 judicial forfeiture of the defendant currency on December 20 and 27, 2010, and January 3, 2011, 28 in The Wall Street Journal. 1 1 4. The United States proposes that publication be made as follows: 2 a. One publication; 3 b. Thirty (30) consecutive days; 4 c. On the official internet government forfeiture site www.forfeiture.gov; 5 d. The publication is to include the following: 6 (1) The Court and case number of the action; 7 (2) The date of the seizure/posting; 8 (3) The identity and/or description of the property seized/posted; 9 (4) The name and address of the attorney for the United States; 10 (5) A statement that claims of persons entitled to possession or 11 claiming an interest pursuant to Supplemental Rule G(5) must be filed with the Court and served 12 on the attorney for the United States no later than 60 days after the first day of publication on the 13 official internet government forfeiture site; and 14 (6) A statement that answers to the Complaint or a motion under Rule 15 12 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") must be filed and served within 21 16 days after the filing of the claims and, in the absence thereof, default may be entered and 17 condemnation ordered. 18 Dated: 3/30/11 BENJAMIN B. WAGNER United States Attorney 19 20 By: /s/ David T. Shelledy DAVID T. SHELLEDY Assistant U.S. Attorney 21 22 23 24 IT IS SO ORDERED. Dated: May 2, 2011. 25 26 27 28 /014;usa0879.publ 2

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