United States of America v. Approximately $21,054.00 in U.S. Currency

Filing 5

ORDER signed by Magistrate Judge Dale A. Drozd on 10/2/2013 GRANTING 1 Plaintiffs application for publication. (Reader, L)

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BENJAMIN B. WAGNER
United States Attorney
JEFFREY A. SPIVAK
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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v.

2:13-cv-02043-MCE-DAD
APPLICATION AND ORDER FOR
PUBLICATION

APPROXIMATELY $21,054.00 IN U.S.
CURRENCY,

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Defendant.

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The United States of America applies for an order of publication as follows:

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1.

Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and

20 Asset Forfeiture Actions (hereafter “Supplemental Rules”) provides that the United
21 States shall cause public notice of the action to be given in a newspaper of general
22 circulation or on the official internet government forfeiture site;
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2.

Local Rule 171, Eastern District of California, provides that the Court shall

24 designate by order the appropriate newspaper or other vehicle for publication;
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3.

The defendant Approximately $21,054.00 in U.S. Currency (“defendant

26 currency”) was seized in the city of Sacramento, in Sacramento County, California.
27 Beginning on June 17, 2013, the Drug Enforcement Administration published notice of
28 the non-judicial forfeiture of the defendant currency for 30 consecutive days on the official
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Application and Order for Publication

1 internet government forfeiture site www.forfeiture.gov.
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4.

The United States proposes that publication be made as follows:

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a.

One publication;

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b.

Thirty (30) consecutive days;

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c.

On the official internet government forfeiture site www.forfeiture.gov;

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d.

The publication is to include the following:

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(1)

The Court and case number of the action;

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(2)

The date of the seizure/posting;

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(3)

The identity and/or description of the property seized/posted;

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(4)

The name and address of the attorney for the United States;

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(5)

A statement that claims of persons entitled to possession or

12 claiming an interest pursuant to Supplemental Rule G(5) must be filed with the Court
13 and served on the attorney for the United States no later than 60 days after the first day
14 of publication on the official internet government forfeiture site; and
(6)

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A statement that answers to the Complaint or a motion under

16 Rule 12 of the Federal Rules of Civil Procedure (“Fed. R. Civ. P.”) must be filed and
17 served within 21 days after the filing of the claims and, in the absence thereof, default
18 may be entered and condemnation ordered.
19 Dated: 10/1/2013

BENJAMIN B. WAGNER
United States Attorney

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By:

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/s/ Kevin C. Khasigian for
JEFFREY A. SPIVAK
Assistant U.S. Attorney

ORDER
IT IS SO ORDERED.
Dated: October 2, 2013

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Application and Order for Publication