UNITED STATES OF AMERICA v. 8 GILCREASE LANE, QUINCY, FLORIDA 32351 et al

Filing 160

MOTION to Dismiss DEFENDANT PROPERTY FROM CIVIL FORFEITURE ACTION IN REM by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Wiegand, Barry)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, Plaintiff, v. 8 GILCREASE LANE, QUINCY FLORIDA 32351, et al., Defendants. ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 08-1345 (RMC)

ECF

ORDER GRANTING MOTION TO DISMISS DEFENDANT PROPERTY FROM CIVIL FORFEITURE ACTION IN REM This matter comes before the Court on the motion by plaintiff, the United States of America, to dismiss from this civil forfeiture action in rem one of twelve remaining defendant properties, that is, the real property captioned as "One Condo Located On North Ocean Boulevard In Myrtle Beach, South Carolina." In support of its motion, plaintiff states that the defendant Myrtle Beach condo has never been served with a warrant of arrest in rem, nor has it been seized, or otherwise come into plaintiff's possession. Consequently, plaintiff concludes that judicial economy dictates dismissing this defendant property from this action. In support of its motion plaintiff cites the Federal Rules of Civil Procedure, specifically, Rules 4(m) and 41, along with Rule G of the Supplemental Rules For Admiralty Or Maritime Claims And Asset Forfeiture Actions. At this time, there are no parties who remain in this action to oppose forfeiture or dismissal of this defendant property, so the motion is without opposition. Even if there were opposing parties, it is most unlikely that any of them would oppose a dismissal. Based upon the points set forth in plaintiff's motion and the

accompanying memorandum, it is by the Court this ____ day of November 2009 ORDERED, that the United States government plaintiff's Motion To Dismiss Defendant

Property From Civil Forfeiture Action In Rem be, and the same hereby is, GRANTED; and it is further ORDERED, that the Court dismisses without prejudice from this civil forfeiture action in rem the defendant property identified in the complaint as "One Condo Located On North Ocean Boulevard In Myrtle Beach, South Carolina."

________________________________________ ROSEMARY M. COLLYER, UNITED STATES DISTRICT JUDGE