United States of America v. Approximately $9,990.00 in U.S. Currency

Filing 3

APPLICATION and ORDER FOR PUBLICATION signed by Magistrate Judge Dale A. Drozd on 11/26/13. (Manzer, C)

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1 BENJAMIN B. WAGNER United States Attorney 2 JEFFREY A. SPIVAK Assistant U. S. Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2700 5 Attorneys for the United States 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 v. 2:13-cv-02452-MCE-DAD APPLICATION AND ORDER FOR PUBLICATION APPROXIMATELY $9,990.00 IN U.S CURRENCY, 15 Defendant, 16 17 18 The United States applies for an order of publication as follows: 19 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; 23 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; 25 3. The defendant Approximately $9,990.00 in U.S. Currency (“defendant 26 currency”) was seized in the city of Sacramento, in Sacramento County, California. 27 Beginning on July 29, 2013, the U.S Postal Inspection Service published notice of the 28 non-judicial forfeiture of the defendant currency for 30 consecutive days on the official 1 29 30 1 internet government forfeiture site www.forfeiture.gov. 2 4. The United States proposes that publication be made as follows: 3 a. One publication; 4 b. Thirty (30) consecutive days; 5 c. On the official internet government forfeiture 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 seized/posted; 10 (4) The name and address of the attorney for the United States; 11 (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) 15 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: 11/25/2013 BENJAMIN B. WAGNER United States Attorney 20 /s/ Jeffrey A. Spivak JEFFREY A. SPIVAK Assistant U.S. Attorney 21 22 ORDER 23 24 IT IS SO ORDERED. 25 Dated: November 26, 2013 26 27 Ddad1\orders.civil\USv$9,990.2452.app.pud.ord.docx 28 29 30 2

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