United States of America v. Samuel

Filing 11

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/2/15: The Clerk of Court is directed to serve a copy of documents ECF Nos. 7-3, 7-4, and 7-7, on defendant Hoda Samuel. On or before July 22, 2015, defendant shall submit a properly completed Claim of Exemption Form. The United States shall file a response to defendants claim of exemption by August 5, 2015. The matter shall thereafter stand submitted. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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No. 2:15-mc-17-JAM-EFB PS

v.

ORDER

HODA SAMUEL,

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Defendant.

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In an underlying criminal case, defendant Hoda Samuel was ordered to pay restitution in

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the amount of $3,029,412.64, plus a fine and a statutory assessment. United States v. Samuel,

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2:10-cr-223-JAM, ECF No. 596. On March 12, 2015, the United States filed an application for a

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writ of garnishment seeking to garnish any property and accounts in the possession of the

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California Public Employees’ Retirement System. ECF No. 3. On March 13, 2015, the Clerk

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issued the writ of garnishment. ECF No. 5.
Defendant Samuel subsequently filed an opposition to the writ of garnishment. ECF No.

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10. Despite receiving notice that she was required to submit the requisite claim of exemption

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form (ECF No. 7-7), defendant failed to submit the form. Further, her opposition fails to identify

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what, if any, exemption she is attempting to claim. In light of defendant’s pro se status, the court

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will grant her a further opportunity to submit the requisite form.

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Defendant also filed a request for a hearing. Given that defendant is currently

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incarcerated in Texas, and further that it does not appear that oral argument would materially

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assist the court in resolution of this matter, it will be submitted on the parties’ pleadings.

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Accordingly, it is hereby ORDERED that:

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1. The Clerk of Court is directed to serve a copy of documents ECF Nos. 7-3, 7-4, and 7-

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7, on defendant Hoda Samuel, Inmate Number 19252-097, FMC Carswell, P.O. Box 27137, Fort

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Worth, Texas 76127.

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2. On or before July 22, 2015, defendant shall submit a properly completed Claim of
Exemption Form.

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3. The United States shall file a response to defendant’s claim of exemption by August 5,
2015.
4. The matter shall thereafter stand submitted.
DATED: July 2, 2015.

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