United States of America v. Miscellaneous Firearms and Ammunition listed in Exhibit A

Filing 4

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/2/14: The deadline by which the United States shall be required to file a complaint for forfeiture against the defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to forfeiture shall be extended to December 1, 2014. (Kaminski, H)

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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.
MISCELLANEOUS FIREARMS AND
AMMUNITION LISTED IN EXHIBIT A,

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2:14-MC-00085-TLN-KJN
STIPULATION AND ORDER EXTENDING
TIME FOR FILING A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN AN
INDICTMENT ALLEGING FORFEITURE

Defendant.

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17 It is hereby stipulated by and between the United States of America and potential claimant ShaRod
18 Gibbons, in propria persona (“claimant”), as follows:
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1.

On or about April 7, 2014, claimant filed a claim in the administrative forfeiture

20 proceeding with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) with respect to the
21 Miscellaneous Firearms and Ammunition listed in Exhibit A attached hereto and incorporated herein

22 (hereafter “defendant properties”), which were seized on or about February 26, 2014.
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2.

The ATF has sent the written notice of intent to forfeit required by 18 U.S.C. §

24 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a claim to the
25 defendant properties under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than claimant has filed a
26 claim to the defendant properties 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 complaint for

28 forfeiture against the defendant properties and/or to obtain an indictment alleging that the defendant
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Stipulation and Order to Extend Time
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1 properties are subject to forfeiture within ninety days after a claim has been filed in the administrative
2 forfeiture proceeding, unless the court extends the deadline for good cause shown or by agreement of the
3 parties. That deadline was July 3, 2014.
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4.

By Stipulation and Order filed June 9, 2014, the parties stipulated to extend to October 1,

5 2014, the time in which the United States is required to file a civil complaint for forfeiture against the
6 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
7 forfeiture.
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5.

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

9 to December 1, 2014, the time in which the United States is required to file a civil complaint for
10 forfeiture against the defendant properties and/or to obtain an indictment alleging that the defendant
11 properties are subject to forfeiture.
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6.

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

13 required to file a complaint for forfeiture against the defendant properties and/or to obtain an indictment
14 alleging that the defendant properties are subject to forfeiture shall be extended to December 1, 2014.
15 Dated: 9/29/14

BENJAMIN B. WAGNER
United States Attorney

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

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19 Dated: 9/27/14
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/s/ Sha Rod Gibbons
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SHA ROD GIBBONS
Potential claimant appearing in propria persona

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(Signature authorized by verbal agreement)

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IT IS SO ORDERED.
Dated: October 2, 2014

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Troy L. Nunley
United States District Judge

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Stipulation and Order to Extend Time