United States of America v. Davis

Filing 4

ORDER Rejecting Proposed Order Directing Garnishment. Signed by District Judge Thomas L Ludington. (TJac)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. JOSEPH DAVIS, Defendant. _____________________________________/ ORDER REJECTING PROPOSED ORDER DIRECTING GARNISHMENT On April 14, 2009, upon receiving Plaintiff's application, the Court issued a continuing writ of garnishment as to Defendant Joseph Davis and proposed garnishee Delta Tube. On or about April 27, 2009, Delta Tube answered, stating in part that Defendant had been laid off from Delta Tube effective April 20, 2009. Now before the Court is Plaintiff's proposed order directing Delta Tube to pay, which states in part, "the garnishee having filed its answer stating that Joseph Davis is an employee, no objection, claim for exemption or motion to quash having been filed. . . ." Notably, the proposed order is inaccurate as Delta Tube did not state that Defendant "is an employee"; rather, Delta Tube stated that Defendant had been laid off. Given the inaccuracy of the proposed order, and the apparent lack of necessity for any objection or claim for exemptions under such circumstances, Plaintiff's proposed order will be rejected. Accordingly, it is ORDERED that Plaintiff's proposed order is REJECTED. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: January 12, 2010 Case Number 09-50435-BC Honorable Thomas L. Ludington

PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on January 12, 2010. s/Tracy A. Jacobs TRACY A. JACOBS

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