United States of America v. Approximately $5,100.00 in U.S. Currency et al

Filing 2

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 4/30/18, 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 5/31/2018. (Kastilahn, A)

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McGREGOR W. SCOTT
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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11 UNITED STATES OF AMERICA,

2:18-MC-00059-MCE-AC

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

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Plaintiff,
v.

14 APPROXIMATELY $5,100.00 IN U.S.
CURRENCY, and
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APPROXIMATELY $4,400.00 IN U.S.
16 CURRENCY,
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Defendants.

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It is hereby stipulated by and between the United States of America and potential claimant Clay

20 W. Riley (“claimant”), appearing in propria persona, as follows:
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1.

On or about January 31, 2018, claimant filed a claim in the administrative forfeiture

22 proceeding with the U.S. Postal Inspection Service with respect to the Approximately $5,100.00 in U.S.
23 Currency and Approximately $4,400.00 in U.S. Currency (hereafter “defendant currency”), which were
24 seized on November 29 and 30, 2017.
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2.

The U.S. Postal Inspection Service has sent the written notice of intent to forfeit required

26 by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a
27 claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than claimant
28 has filed a claim to the defendant currency as required by law in the administrative forfeiture proceeding.
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Stipulation and Order to Extend Time
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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 proceeding, unless the court extends the deadline for good cause shown or by agreement of the
5 parties. That deadline is May 1, 2018.
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4.

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

7 31, 2018, the time in which the United States is required to file a civil complaint for forfeiture against the
8 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
9 forfeiture.
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5.

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

11 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
12 alleging that the defendant currency is subject to forfeiture shall be extended to May 31, 2018.
13 Dated: 4/26/18
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McGREGOR W. SCOTT
United States Attorney
By:

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

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18 Dated: 4/26/18
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(Signature authorized by phone)

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/s/ Clay W. Riley
CLAY W. RILEY
Potential Claimant
Appearing in propria persona

IT IS SO ORDERED.
Dated: April 30, 2018

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Stipulation and Order to Extend Time