United States of America v. Approximately $21,540.00 in U.S. Currency

Filing 4

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 11/22/2017 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 shall be EXTENDED to 1/12/2018. (Hunt, G)

4

PHILLIP A. TALBERT
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

5

Attorneys for the United States

1
2
3

6
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,

12

Plaintiff,

13
14

v.

2:17-MC-00172-KJM-KJN
STIPULATION AND ORDER EXTENDING TIME
FOR FILING A COMPLAINT FOR FORFEITURE
AND/OR TO OBTAIN AN INDICTMENT
ALLEGING FORFEITURE

APPROXIMATELY $21,540.00 IN U.S.
CURRENCY,

15
Defendant.
16
17

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

18 L. Thomas and Paul Bryce Wells (“claimants”), appearing in propria persona, as follows:
19

1.

On or about August 14, 2017, claimant Paul Bryce Wells filed a claim in the

20 administrative forfeiture proceeding with the Drug Enforcement Administration with respect to the
21 Approximately $21,540.00 in U.S. Currency (hereafter “defendant currency”), which was seized on April
22 18, 2017.
23

2.

The Drug Enforcement Administration has sent the written notice of intent to forfeit

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

Stipulation and Order to Extend Time

1

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 proceeding, unless the court extends the deadline for good cause shown or by agreement of the
5 parties. That deadline was November 12, 2017.
6

4.

By Stipulation and Order filed November 14, 2017, the parties stipulated to extend to

7 December 12, 2017, the time in which the United States is required to file a civil complaint for forfeiture
8 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
9 subject to forfeiture.
10

5.

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

11 to January 12, 2018, the time in which the United States is required to file a civil complaint for forfeiture
12 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
13 subject to forfeiture.
14 ///
15 ///
16 ///
17 ///
18 ///
19 ///
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
2

Stipulation and Order to Extend Time

1

6.

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

2 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
3 alleging that the defendant currency is subject to forfeiture shall be extended to January 12, 2018.
4 Dated: 11/17/17

PHILLIP A. TALBERT
United States Attorney

5
By:
6

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

7
8 Dated: 11/17/17
9

/s/ Steve L. Thomas
STEVE L. THOMAS
Potential Claimant
Appearing in propria persona

10
(Signature authorized by phone)
11
12 Dated: 11/17/17
13

/s/ Paul Bryce Wells
PAUL BRYCE WELLS
Potential Claimant
Appearing in propria persona

14
(Signature authorized by phone)
15
16

IT IS SO ORDERED.

17 Dated: November 22, 2017.
18
19

UNITED STATES DISTRICT JUDGE

20
21
22
23
24
25
26
27
28
3

Stipulation and Order to Extend Time