United States of America v. Approximately $7,800.00 in U.S. Currency

Filing 9

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 11/9/2018 EXTENDING time to file a complaint for forfeiture to 12/3/2018. (Donati, J)

1

4

MCGREGOR W. SCOTT
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

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

v.

2:18-MC-00061-KJM-DB

14

APPROXIMATELY $7,800.00 IN U.S.
CURRENCY,

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

15
Defendant.
16
17

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

18 Daniel Walker (“Walker”), appearing in propria persona, as follows:
19

1.

On or about February 5, 2018, claimant Walker filed a claim in the administrative

20 forfeiture proceedings with the United States Postal Inspection Service with respect to the
21 Approximately $7,800.00 in U.S. Currency (hereafter “defendant currency”), which was seized on
22 December 1, 2017.
23

2.

The United States Postal Inspection Service 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
26 other than the claimant has filed a claim to the defendant currency as required by law in the
27 administrative forfeiture proceeding.
28

3.

Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for
1

Stipulation to Extend Time to File Complaint

1 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
2 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
3 forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of
4 the parties. That deadline was May 4, 2018.
5

4.

By Stipulation and Order filed May 4, 2018, the parties stipulated to extend to June 4,

6 2018, the time in which the United States is required to file a civil complaint for forfeiture against the
7 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
8 forfeiture.
9

5.

By Stipulation and Order filed June 14, 2018, the parties stipulated to extend to August

10 3, 2018, the time in which the United States is required to file a civil complaint for forfeiture against
11 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
12 forfeiture.
13

6.

By Stipulation and Order filed August 8, 2018, the parties stipulated to extend to

14 November 2, 2018, the time in which the United States is required to file a civil complaint for forfeiture
15 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
16 subject to forfeiture.
17

7.

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

18 extend to December 3, 2018, the time in which the United States is required to file a civil complaint for
19 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
20 currency is subject to forfeiture.
21

8.

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

22 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
23 alleging that the defendant currency is subject to forfeiture shall be extended to December 3, 2018.
24

Dated:

MCGREGOR W. SCOTT
United States Attorney

10/23/2018

25
26

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

27
28
2

Stipulation to Extend Time to File Complaint

1

Dated:

10/23/2018

/s/ Daniel Walker
DANIEL WALKER
Appearing in Propria Persona
(As authorized via email)

2
3
4
5

IT IS SO ORDERED.

6 Dated: November 9, 2018.
7

UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

Stipulation to Extend Time to File Complaint