United States of America v. Approximately $214,225 in United States Currency

Filing 44

ORDER TO SHOW CAUSE WHY CLAIMANT'S MOTION TO SUPPRESS SHOULD NOT BE DENIED.Show Cause Response due by 12/18/2017.Signed by Magistrate Judge Donna M. Ryu on December 12, 2017. (dmrlc2, COURT STAFF) (Filed on 12/12/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,

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Case No. 17-cv-02891-DMR

v.
APPROXIMATELY $214,225 IN UNITED
STATES CURRENCY,

ORDER TO SHOW CAUSE WHY
CLAIMANT'S MOTION TO SUPPRESS
SHOULD NOT BE DENIED
Re: Dkt. No. 40

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On November 17, 2017, Claimant Dejanique Blackwell (“Claimant”) filed a motion to

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suppress in this civil forfeiture action. [Docket No. 40]. In the motion, Claimant averred facts in

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support of the motion, but submitted no declaration attesting to those facts. Instead, Claimant

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asserted that the facts would be “amplified” by sworn testimony. Mot. at 3 (“Here it is further

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being contended that the facts (when amplified with sworn testimony which will envelop the

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averments made below) will show . . .”). Plaintiff United States of America (“Plaintiff”) filed a

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timely opposition in which it argued that the facts of the motion were undisputed due to the

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absence of sworn facts proffered by Claimant. [Docket No. 42]. Claimant did not file a reply.

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In light of the above, the court orders Claimant to show cause in writing by no later than

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December 18, 2017 why the motion to suppress should not be denied for failure to provide sworn

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facts. Failure to respond to this order may result in denial of the motion to suppress.
IT IS SO ORDERED.
S

______________________________________
yu
on
Donna na M. R
Judge D M. Ryu
United States Magistrate Judge
E
NO

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ERED

O ORD

IT IS S

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LI

RT

FO

Dated: December 12, 2017
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RT
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S DISTRICT
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R NIA

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UNIT
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United States District Court
Northern District of California

Defendant.
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