United States of America v. Approximately $9,000.00 in U.S. Currency

Filing 2

ORDER signed by District Judge Troy L. Nunley on 2/19/14: The deadline by which the United States shall be required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture shall be extended to March 21, 2014. (Kaminski, H)

4

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

5

Attorneys for the United States

1
2
3

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.
APPROXIMATELY $9,000.00 IN U.S.
CURRENCY,

15

2:14-MC-00026-TLN-EFB
STIPULATION AND ORDER EXTENDING
TIME FOR FILING A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN AN
INDICTMENT ALLEGING FORFEITURE

Defendant.

16
17

It is hereby stipulated by and between the United States of America and potential

18 claimant Jim McCullough, in propria persona (“claimant”), as follows:
19

1.

On or about November 22, 2013, claimant Jim McCullough filed a claim in the

20 administrative forfeiture proceeding with the Drug Enforcement Administration with
21 respect to the Approximately $9,000.00 in U.S. Currency (hereafter “defendant currency”),
22 which was seized on or about August 20, 2013.
23

2.

The Drug Enforcement Administration has sent the written notice of intent to

24 forfeit required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has
25 expired for any person to file a claim to the defendant currency under 18 U.S.C. §
26 983(a)(2)(A)-(E), and no person other than claimant has filed a claim to the defendant
27 currency as required by law in the administrative forfeiture proceeding.
28
29
30

3.

Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a
1

Stipulation and Order to Extend Time

1 complaint for forfeiture against the defendant currency and/or to obtain an indictment
2 alleging that the defendant currency is subject to forfeiture within ninety days after a
3 claim has been filed in the administrative forfeiture proceeding, unless the court extends
4 the deadline for good cause shown or by agreement of the parties. That deadline is
5 February 20, 2014.
6

4.

As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to

7 extend to March 21, 2014, the time in which the United States is required to file a civil
8 complaint for forfeiture against the defendant currency and/or to obtain an indictment
9 alleging that the defendant currency is subject to forfeiture.
10

5.

Accordingly, the parties agree that the deadline by which the United States

11 shall be required to file a complaint for forfeiture against the defendant currency and/or to
12 obtain an indictment alleging that the defendant currency is subject to forfeiture shall be
13 extended to March 21, 2014.
14 Dated: 2/14/14

BENJAMIN B. WAGNER
United States Attorney

15
By:

16
17

/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

18
19 Dated: 2-14-14
20
21

/s/ Jim McCullough
JIM McCULLOUGH
Potential claimant appearing
in propria persona
(Signature retained by attorney)

22
23

IT IS SO ORDERED.

24 Dated: February 19, 2014
25
26
27

Troy L. Nunley
United States District Judge

28
29
30

2

Stipulation and Order to Extend Time