United States of America v. Real property located at 1251 Pleasant Grove Road, Rio Oso, California

Filing 8

ORDER for Appointment of Counsel signed by Judge John A. Mendez on 9/9/2011. Attorney John Richard Manning is ADDED to represent claimant David E. Jopson. (Marciel, M)

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John R. Manning
Attorney at Law
Ca. St. Bar No. 220874
1111 H Street, Suite 204
Sacramento, CA 95814
Telephone: [phone]
[e-mail]
Attorney for Claimant
DAVID E. JOPSON

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,

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NO. 2:11-cv-02038-JAM-DAD
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Plaintiff,
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APPLICATION FOR ORDER
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APPOINTING COUNSEL;
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ORDER
v.
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REAL PROPERTY LOCATED AT 1251 )
PLEASANT GROVE ROAD, RIO OSO, )
CALIFORNIA, SUTTER COUNTY,
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APN: 28-140-015 INCLUDING ALL )
APPURTENANCES AND
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IMPROVEMENTS THERETO,
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Defendant.
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______________________________
David E. Jopson applies to the Court for an order appointing

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John R. Manning to represent him in the above case pursuant to 18

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U.S.C. § 983(b)(1)(A).

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Section 983, subd. (b)(1)(A) of Title 18, United States
Code, provides as follows:
If a person with standing to contest the forfeiture of
property in a civil judicial forfeiture proceeding under
a civil forfeiture statute is financially unable to
obtain representation by counsel, and the person is
represented by counsel appointed under section 3006A of
this title in connection with a related criminal case,
the court may authorize counsel to represent that person
with respect to the claim.

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The property subject to this action is owned jointly by

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David E. Jopson; Sandra L. Jopson (wife); Thomas W. Jopson

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(brother) and Margaret S. Jopson (sister-in-law).

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is not a residence, but is several acres and contains two, large,

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commercial greenhouse in addition to multiple “out buildings”

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including a large shop.

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The property

On June 22, 2011, the Magistrate Judge determined David E.

8 Jopson was financially unable to hire counsel. The Court
9 therefore appointed John R. Manning to represent Mr. Jopson in a
10 case charging violation of 21 U.S.C. §§ 846 and 841 (a)(1)
11 (conspiracy to manufacture marijuana).

That case began with a

12 law enforcement search of the property subject to this action and
13 is presently pending before this Court as United States v. David
14 Jopson, 2:11 CR 275 JAM.
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Accordingly, Claimant David E. Jopson respectfully requests

16 this Court authorize counsel to represent him with respect to his
17 claim.
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A proposed order is attached for the Court’s convenience.

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Respectfully submitted,

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23 Dated: September 1, 2011

/s/ John R. Manning
JOHN R. MANNING
Attorney for Defendant
David Jopson

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O R D E R

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John R. Manning is hereby authorized to represent David E.

3 Jopson in case no. 2:11-cv-02038-JAM-DAD, pursuant to 18 U.S.C. §
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IT IS SO ORDERED.
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7 Dated: September 9, 2011

/s/ John A. Mendez
HON. John A. Mendez
United States District Judge

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