United States of America v. Approximately $40,000 in United States Currency Seized from the Luggage of Phillip Alarcon

Filing 22

ORDER TO SHOW CAUSE why the Government's Motion to Strike 18 should not be granted. Order to Show Cause Hearing set for 7/19/2013 at 10:00 AM. Motion hearing set for 7/12/2013 at 10:00 AM is VACATED. Signed by Judge Charles R. Breyer on July 11, 2013. (crblc4, COURT STAFF) (Filed on 7/11/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 15 16 No. CV 11-6123 CRB ORDER TO SHOW CAUSE v. APPROXIMATELY $40,000 IN UNITED STATES CURRENCY, Defendant. / 17 PHILLIP ALARCON, Claimant. 18 19 / 20 In this action, the Government seeks the forfeiture of approximately $40,000 in 21 United States Currency that was seized from Phillip Alarcon in 2011. See generally Compl. 22 (dkt. 1). Pending before the Court is the Government’s motion to strike Phillip Alarcon’s 23 claim to the currency, which he filed pro se, for lack of standing under 18 U.S.C. 983(a)(4) 24 and Supplemental Rules G(5) and G(8)(c)(i)(B). See generally Mot. (dkt. 18). Alarcon has 25 not opposed the motion, and the Government has informed the Court that the Motion to 26 Strike and Reply that mailed to Alarcon at his last address were returned to sender and 27 unable to be forwarded. See Notice (dkt. 20). 28 1 The Court ORDERS Alarcon to show cause at a hearing on July 19, 2013, at 10:00 2 am., why the Government’s motion to strike his claim should not be granted. The hearing on 3 the Government’s motion scheduled for July 12, 2013, is hereby VACATED. 4 5 IT IS SO ORDERED. 6 7 8 Dated: July 11, 2013 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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