United States of America v. Approximately $19,500.00 in U.S. Currency

Filing 21

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/19/20 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 January 19, 2021. (Kaminski, H)

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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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UNITED STATES OF AMERICA,

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Plaintiff,
v.

2:19-MC-00218-TLN-DB
STIPULATION AND ORDER EXTENDING TIME
FOR FILING A COMPLAINT FOR FORFEITURE
AND/OR TO OBTAIN AN INDICTMENT
ALLEGING FORFEITURE

APPROXIMATELY $19,500.00 IN
U.S. CURRENCY,

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

18 Ovington (“claimant”), appearing in propria persona, as follows:
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1.

On or about August 28, 2019, claimant filed a claim in the administrative forfeiture

20 proceeding with the U.S. Postal Inspection Service with respect to the Approximately $19,500.00 in U.S.
21 Currency (hereafter “defendant currency”), which was seized on June 11, 2019.
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2.

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

23 by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a
24 claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than claimant
25 has filed a claim to the defendant currency as required by law in the administrative forfeiture proceeding.
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3.

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

27 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
28 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
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Stipulation and Order to Extend Time

1 forfeiture proceeding, unless the court extends the deadline for good cause shown or by agreement of the
2 parties. That deadline was November 26, 2019.
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4.

By Stipulation and Order filed November 26, 2019, the parties stipulated to extend to

4 December 26, 2019, the time in which the United States is required to file a civil complaint for forfeiture
5 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
6 subject to forfeiture.
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5.

By Stipulation and Order filed December 27, 2019, the parties stipulated to extend to

8 February 24, 2020, the time in which the United States is required to file a civil complaint for forfeiture
9 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
10 subject to forfeiture.
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6.

By Stipulation and Order filed February 24, 2020, the parties stipulated to extend to April

12 24, 2020, the time in which the United States is required to file a civil complaint for forfeiture against the
13 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
14 forfeiture.
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7.

By Stipulation and Order filed April 21, 2020, the parties stipulated to extend to June 23,

16 2020, the time in which the United States is required to file a civil complaint for forfeiture against the
17 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
18 forfeiture.
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8.

By Stipulation and Order filed June 19, 2020, the parties stipulated to extend to July 23,

20 2020, the time in which the United States is required to file a civil complaint for forfeiture against the
21 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
22 forfeiture.
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9.

By Stipulation and Order filed July 20, 2020, the parties stipulated to extend to August 21,

24 2020, the time in which the United States is required to file a civil complaint for forfeiture against the
25 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
26 forfeiture.
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10.

By Stipulation and Order filed August 18, 2020, the parties stipulated to extend to

28 September 21, 2020, the time in which the United States is required to file a civil complaint for forfeiture
2

Stipulation and Order to Extend Time

1 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
2 subject to forfeiture.
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11.

By Stipulation and Order filed September 18, 2020, the parties stipulated to extend to

4 November 20, 2020, the time in which the United States is required to file a civil complaint for forfeiture
5 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
6 subject to forfeiture.
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12.

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

8 to January 19, 2021, the time in which the United States is required to file a civil complaint for forfeiture
9 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
10 subject to forfeiture.
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13.

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

12 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
13 alleging that the defendant currency is subject to forfeiture shall be extended to January 19, 2021.
14 Dated: 11/19/2020

McGREGOR W. SCOTT
United States Attorney

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By:

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

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19 Dated: 11/19/2020
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/s/ Shawn Ovington
SHAWN OVINGTON
Potential Claimant
Appearing in propria persona

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(Signature authorized by phone)
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IT IS SO ORDERED.

25 Dated: November 19, 2020

Troy L. Nunley
United States District Judge

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Stipulation and Order to Extend Time