USA v. Pellom

Filing 14

ORDER DEEMING APPLICATION FOR WRIT OF CONTINUING GARNISHMENT WITHDRAWN. Signed by Magistrate Judge Jacqueline Scott Corley on 3/6/2015 (ahm, COURT STAFF) (Filed on 3/6/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

Case No. 99-cv-00402-MAG (JSC)

Plaintiff,
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v.
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LEO PELLOM,
Defendant.

ORDER DEEMING APPLICATION
FOR WRIT OF CONTINUING
GARNISHMENT WITHDRAWN
Re: Dkt. No. 8

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United States District Court
Northern District of California

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In 1999, Plaintiff the United States of America brought an action to collect a student loan

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debt from Defendant Leo Pellom. Mr. Pellom did not respond and default judgment was entered

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against him on May 11, 1999 in the amount of $7,092.46. Nearly 16 years later, the United States

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filed the now pending Ex Parte Motion for Writ of Continuing Garnishment seeking an order

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authorizing garnishment of Mr. Pellom’s earnings from the Pacific Maritime Association. (Dkt.

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No. 8.) On February 13, 2015, the Court issued an Order requesting supplemental briefing

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regarding the application. (Dkt. No. 12.) The United States has filed its response. (Dkt. No. 13.)

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Because the government’s response indicates that the application should be withdrawn as it

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failed to properly serve Mr. Pellom at an accurate address, the application is hereby deemed

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WITHDRAWN, or alternatively, DENIED for failure to properly identify Mr. Pellom’s last

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known address. If the United States refiles the application, its renewed application should address

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the issues raised in the February 13, 2015 Order and ensure proper service at Mr. Pellom’s last

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known address.

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The Order disposes of Docket No. 8.

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IT IS SO ORDERED.

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Dated: March 6, 2015
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Jacqueline Scott Corley
United States Magistrate Judge