USA v. 905 Hallett Circle, Farmington, New Mexico

Filing 6

Writ of Entry. ORDER re: 3 Motion for Writ. Signed by Judge John L. Kane on 11/20/15.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02543-JLK
UNITED STATES OF AMERICA,
Plaintiff,
v.
905 HALLETT CIRCLE, FARMINGTON, NEW MEXICO,
Defendant.
_______________________________________________________________________
WRIT OF ENTRY
______________________________________________________________________
TO: UNITED STATES MARSHAL SERVICE AND/OR ANY AUTHORIZED LAW
ENFORCEMENT OFFICER - GREETINGS:
Based upon the Verified Complaint for Forfeiture In Rem, filed herein, against the
defendant real property described as follows:
905 Hallett Circle, Farmington, New Mexico 87401, including outbuildings,
is more fully described as:
Lot Six (6) of the Hicks Subdivision No. 1, as shown on the Plat of said
Subdivision filed for record November 25, 1952.
County of San Juan, State of New Mexico
and the Application for Writ of Entry filed by the United States, and the Court being
satisfied that it has jurisdiction over the defendant property, and that there is probable
cause to believe the defendant real property are subject to forfeiture to the United States
pursuant to 21 U.S.C. § 881;

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The United States having requested that the Court issue a Writ of Entry as
provided in 18 U.S.C. § 983(j) and 18 U.S.C. § 985(b)(2) authorizing it to enter the
defendant real property including any structures, for the purpose of conducting an
inspection and inventory of the properties and to conduct appraisals; and
The United States having not requested authority to seize the defendant real
property at this time, but having stated in its Application for Writ of Entry that it will post
notice of the Complaint for Forfeiture In Rem in a conspicuous place on defendant real
property and serve notice of this action and a copy of the Verified Complaint on the
owner(s) of the defendant real property under 18 U.S.C. § 985(c)(1) and (3), and
Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions G(4);
IT IS ORDERED that the United States Marshal Service or its designee, is hereby
authorized to:
1.

Enter the defendant real property, including any structures during the

pendency of this forfeiture action against the defendant real property, for the purpose of
conducting an inspection, inventory, and appraisal of the defendant real property; and
2.

Be accompanied on any such occasion by any appraiser(s) selected by it

for the purpose of appraising the condition and value of the defendant real property,
which appraisals may include, among other means, still and video photography; and
3.

Be accompanied on any such occasion by any government and contract

personnel selected by it for the purpose of conducting an inspection and inventory of the
defendant real property, which inspection and inventory may include, among other
means, still and video photography; and

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4.

Be accompanied on any such occasion by any federal, state, and local law

enforcement officers selected by it to ensure the safety of personnel acting under this
Writ of Entry.
Any interference with anyone acting under the authority of this Writ of Entry shall
be deemed a violation of a Court order and may be punished as a contempt, as a
violation of 18 U.S.C. § 2232, prohibiting the impairment of in rem jurisdiction, or
otherwise as provided by law.

SO ORDERED this 20th day of November, 2015.
BY THE COURT:

_____________________________
John L. Kane
Senior U.S. District Court Judge

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