United States of America v. Samuel
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/3/2017 DENYING 36 Motion to withdraw the court's 2/17/2016 order. This case remains STAYED pending resolution of defendant's bankruptcy case and further order of the court. (Zignago, K.)
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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,
v.
No. 2:15-mc-0016-JAM-KJN
No. 2:15-mc-0017-JAM-KJN
No. 2:15-mc-0099-JAM-KJN
HODA SAMUEL,
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Defendant.
ORDER
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On January 17, 2017, defendant filed a motion to withdraw the court’s February 17, 2016
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consolidated order issued in the above-captioned cases. The United States has opposed the
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motion. For the reasons discussed below, the defendant’s motion is DENIED.
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On February 17, 2016, the court issued a consolidated order in the above-captioned cases
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overruling claims of exemption and objections to the writs of garnishment, upholding two of the
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three writs, permitting partial garnishment of the funds subject to the third writ, and granting the
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United States additional time to further brief certain issues with respect to the third writ.
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Defendant then appealed the court’s February 17, 2016 order directly to the Ninth Circuit Court
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of Appeals.
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On June 1, 2016, and before the United States submitted its supplemental briefing, the
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court, at the United States’ request, stayed the garnishment proceedings pending resolution of a
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bankruptcy case that had been commenced by defendant and her spouse. The United States was
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ordered to notify the court within 21 days of resolution of the bankruptcy case and inform the
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court what issues remain to be adjudicated in the garnishment proceedings.
Thereafter, on November 3, 2016, the Ninth Circuit dismissed defendant’s appeal upon
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defendant’s own motion on the ground that this court’s February 17, 2016 order, issued by a
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magistrate judge, was not a final appealable order. Defendant then filed the instant motion to
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withdraw that order.
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This court finds no proper basis to withdraw the February 17, 2016 order. Although the
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order is not a final, appealable order, and no judgment has been entered, the court finds no reason
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to reconsider its findings and conclusions in that order. Once the bankruptcy stay is lifted, the
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United States, consistent with the court’s prior order, will inform the court what issues remain to
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be adjudicated, and request the issuance of findings and recommendations to the district judge for
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a final order of garnishment and the entry of judgment.1
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Accordingly, IT IS HEREBY ORDERED that:
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1. Defendant’s motion to withdraw the court’s February 17, 2016 order, filed in each of
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the above-captioned cases, is DENIED.
2. The above-captioned cases remain STAYED pending resolution of defendant’s
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bankruptcy case and further order of the court.
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IT IS SO ORDERED.
Dated: March 3, 2017
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To the extent that the United States requests additional findings and determinations, defendant
will be provided with an opportunity to respond to such a request.
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