United States of America v. Approximately $15,000.00 in U.S. Currency

Filing 6

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 09/26/17 ORDERING that 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 is EXTENDED to 10/20/17. (Benson, A.)

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PHILLIP A. TALBERT
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.

2:17-MC-00108-KJM-CKD

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APPROXIMATELY $15,000.00 IN U.S.
CURRENCY,

STIPULATION AND ORDER EXTENDING
TIME FOR FILING A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN AN
INDICTMENT ALLEGING FORFEITURE

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Defendant.
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It is hereby stipulated by and between the United States of America and claimants Doreen Darr

18 (“Darr”), through their respective attorneys, and Rocky Livesay (“Livesay”) and Tristan Weaver
19 (“Weaver”), appearing in propria persona, as follows:
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1.

On or about April 24, 2017 (Darr) and April 28, 2017 (Livesay and Weaver), claimants

21 Darr, Livesay and Weaver filed claims in the administrative forfeiture proceedings with the United
22 States Postal Inspection Service with respect to the Approximately $15,000.00 in U.S. Currency
23 (hereafter “defendant currency”), which was seized on February 13, 2017.
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2.

The United States Postal Inspection Service has sent the written notice of intent to forfeit

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

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3.

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

2 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
3 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
4 forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of
5 the parties. That deadline was July 23, 2017.
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4.

By Stipulation and Order filed August 2, 2017, the parties stipulated to extend to August

7 21, 2017, the time in which the United States is required to file a civil complaint for forfeiture against
8 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
9 forfeiture.
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5.

By Stipulation and Order filed August 30, 2017, the parties stipulated to extend to

11 September 20, 2017, the time in which the United States is required to file a civil complaint for
12 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
13 currency is subject to forfeiture.
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6.

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

15 October 20, 2017, the time in which the United States is required to file a civil complaint for forfeiture
16 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
17 subject to forfeiture.
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7.

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

19 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
20 alleging that the defendant currency is subject to forfeiture shall be extended to October 20, 2017.
21 Dated: 9/20/2017

PHILLIP A. TALBERT
United States Attorney

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25 Dated: 9/15/2017
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By:

/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
/s/ Sage D. Kaveny
SAGE D. KAVENY
Attorney for claimant Doreen Darr
(Authorized via telephone)

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2

Stipulation to Extend Time to File Complaint

1 Dated: 9/15/2017

/s/ Tristan Weaver
Claimant, in propria persona

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3 Dated: 9/15/2017

/s/ Rocky Livesay
Claimant, in propria persona

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IT IS SO ORDERED.
Dated: September 26, 2017.

UNITED STATES DISTRICT JUDGE

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Stipulation to Extend Time to File Complaint