United States of America v. Approximately $40,000.00 in U.S. Currency et al

Filing 5

ORDER signed by Magistrate Judge Dale A. Drozd on 11/22/2013 GRANTING 1 Application for Publication filed by United States of America. (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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2:13-cv-02430-JAM-DAD
APPLICATION AND ORDER FOR
PUBLICATION

v.
APPROXIMATELY $40,000.00 IN U.S.
CURRENCY, and

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APPROXIMATELY $4,100.00 IN U.S.
CURRENCY,

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Defendants.

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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

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

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

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

The defendants Approximately $40,000.00 in U.S. Currency and

27 Approximately $4,100.00 in U.S. Currency (“defendant currency”) were seized in the city of
28 Stockton, in San Joaquin County, California;
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1

Application and Order for Publication

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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

11 claiming an interest pursuant to Supplemental Rule G(5) must be filed with the Court and
12 served on the attorney for the United States no later than 60 days after the first day of
13 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

15 Rule 12 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") must be filed and served
16 within 21 days after the filing of the claims and, in the absence thereof, default may be
17 entered and condemnation ordered.
18 Dated: 11/21/2013

BENJAMIN B. WAGNER
United States Attorney

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By:

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ORDER

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/s/ Jeffrey A. Spivak
JEFFREY A. SPIVAK
Assistant U.S. Attorney

IT IS SO ORDERED.

25 Dated: November 22, 2013
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Ddad1\orders.civil\ USv$40,000.2430.app.pub.ord.docx

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Application and Order for Publication