United States of America v. Approximately $658,830.00 in U.S. Currency

Filing 6

ORDER FOR PUBLICATION signed by Judge Morrison C. England, Jr. on 04/14/11. (Benson, A.)

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1 4 BENJAMIN B. WAGNER United States Attorney DAVID T. SHELLEDY Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2799 5 Attorneys for the United States 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 v. APPROXIMATELY $658,830.00 IN U.S. CURRENCY, 15 Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) 2:11-CV-00967-MCE-KJN 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 19 and Asset Forfeiture Actions (hereafter "Supplemental Rules") provides that the 20 United States shall cause public notice of the action to be given in a newspaper of 21 general circulation or on the official internet government forfeiture site; 22 23 24 2. Local Rule 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 $658,830.00 in U.S. Currency (hereafter 25 “defendant currency”) was seized in the city of West Sacramento, in Yolo County, 26 California. The Drug Enforcement Administration published notice of the non- 27 judicial forfeiture of the defendant currency on August 13, 20 and 27, 2010, in The 28 Wall Street Journal. 1 Application and Order for Publication 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 5 site www.forfeiture.gov; 6 d. The publication is to include the following: 7 (1) The Court and case number of the action; 8 (2) The date of the seizure/posting; 9 (3) The identity and/or description of the property (4) The name and address of the attorney for the United (5) A statement that claims of persons entitled to possession 10 seized/posted; 11 12 States; 13 14 or claiming an interest pursuant to Supplemental Rule G(5) must be filed with the 15 Court and served on the attorney for the United States no later than 60 days after 16 the first day of publication on the official internet government forfeiture site; and 17 (6) A statement that answers to the Complaint or a motion 18 under Rule 12 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") must be 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 Application and Order for Publication 1 filed and served within 21 days after the filing of the claims and, in the absence 2 thereof, default may be entered and condemnation ordered. 3 Dated: 4/11/11 BENJAMIN B. WAGNER United States Attorney 4 5 By: /s/ David T. Shelledy DAVID T. SHELLEDY Assistant U.S. Attorney 6 7 8 ORDER 9 10 IT IS SO ORDERED. 11 12 13 14 Dated: April 14, 2011 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Application and Order for Publication

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