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

Filing 4

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 3/14/14 EXTENDING time to file a complaint for forfeiture and/or to obtain an indictment alleging forfeiture to 4/21/14. (Manzer, C)

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BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
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.
APPROXIMATELY $9,000.00 IN U.S.
CURRENCY,

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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.

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

18 claimant Jim McCullough, in propria persona (“claimant”), as follows:
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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.
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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.
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3.

Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a
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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 was
5 February 20, 2014.
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4.

By Stipulation and Order filed February 21, 2014, the parties stipulated 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.
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5.

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

11 further extend to April 21, 2014, the time in which the United States is required to file a
12 civil complaint for forfeiture against the defendant currency and/or to obtain an indictment
13 alleging that the defendant currency is subject to forfeiture.
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6.

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

15 shall be required to file a complaint for forfeiture against the defendant currency and/or to
16 obtain an indictment alleging that the defendant currency is subject to forfeiture shall be
17 extended to April 21, 2014.
18 Dated: 3/14/14
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BENJAMIN B. WAGNER
United States Attorney
By:

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

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22 Dated: 3-13-14
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/s/ Jim McCullough
JIM McCULLOUGH
Potential claimant appearing
in propria persona
(Approved by phone)

IT IS SO ORDERED.

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27 Dated: March 14, 2014

Troy L. Nunley
United States District Judge

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Stipulation and Order to Extend Time