UNITED STATES OF AMERICA v. REAL PROPERTY LOCATED AT 7660 NE 30TH STREET, HIGH SPRINGS, FLORIDA WITH ALL IMPROVEMENTS AND APPURTENANCES THEREON

Filing 14

ORDER 13 MOTION to Dismiss (Motion to Set Aside Decree of Forfeiture and Dismiss Case) filed by UNITED STATES OF AMERICA is GRANTED. 8 Decree of Forfeiture is VACATED. Case is DISMISSED. Signed by CHIEF JUDGE M CASEY RODGERS on 3/15/2012. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
v.

CASE NO. 1:11cv56-MP-GRJ

REAL PROPERTY LOCATED AT
7660 NE 30TH STREET, HIGH SPRINGS,
FLORIDA, WITH ALL IMPROVEMENTS
AND APPURTENANCES THEREON,
Defendant.
/
ORDER
This matter is before the Government’s Motion to Set Aside Decree of Forfeiture
and Dismiss Case. (Doc. 13). On March 25, 2011, this action originated before this court
on the Government’s filing of a Verified Complaint for Forfeiture In Rem seeking to forfeit
the subject property owned by Katherine J. Logan and Michael Tiner. (Doc. 1). It has
been determined that the defendant real property was foreclosed on prior to the entry of
the Decree of Forfeiture. (See doc. 8). It appears that the mortgage is legitimate and was
recorded prior to the Government’s Lis Pendens. (See doc. 4). As such, the Government
requests that the Decree of Forfeiture entered on August 24, 2011, be set aside and that
this case be dismissed. No objections have been filed.
Accordingly, it is now ORDERED as follows:
The Decree of Forfeiture entered August 24, 2011 (doc. 8),is VACATED, and this
case DISMISSED pursuant to Fed. R. Civ. P. 41 (a)(1)(A)(i).
DONE and ORDERED this 15th day of March, 2012.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE