-KMT USA v. 138 Bonanza Drive, Erie, Colorado et al

Filing 137

ORDER OF DISMISSAL. Granting 134 Unopposed Motion To Dismiss Action. A Certificate of Reasonable Cause is GRANTED. This action is DISMISSED WITH PREJUDICE. By Judge Robert E. Blackburn on 11/14/12. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 09-cv-02467-REB-KMT
UNITED STATES OF AMERICA,
Plaintiff,
v.
2518 NEWPORT DRIVE, FORT COLLINS, COLORADO, and
37088 SOARING EAGLE CIRCLE, WINDSOR, COLORADO,
Defendants.
ORDER OF DISMISSAL
Blackburn, J.
The matter is before me on the Unopposed Motion To Dismiss Action [#134]1
filed November 13, 2012. After reviewing the motion and the record, I conclude that the
motion should be granted and that this action should be dismissed with prejudice. The
court finds as follows:
That the United States has commenced this action in rem pursuant to 21 U.S.C.
§ 881;
That the United States has resolved all issues with regards to the defendant
properties and has no further claim against defendants 2518 Newport Drive and 37088
Soaring Eagle Circle;
That the United States will release its Lis Pendens recorded against the
defendant properties;

1

“[#134]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.

That the interests of CitiMortgage, CitiBank, and JP Morgan Chase Bank remain
as they were prior to the commencement of this civil forfeiture case; and
That pursuant to 28 U.S.C. § 2465, there was reasonable cause for instituting
this action against defendant real properties.
THEREFORE, IT IS ORDERED as follows:
1. That the Unopposed Motion To Dismiss Action [#134] filed November 13,
2012, is GRANTED;
2. That a Certificate of Reasonable Cause is GRANTED pursuant to 28 U.S.C. §
2465; and
3. That this action is DISMISSED WITH PREJUDICE.
Dated November 14, 2012, at Denver, Colorado.
BY THE COURT:

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