USA v. Burke et al
Filing
37
ORDER To Release Funds and To Quash Writ of Continuing Garnishment. Funds to be released to USA as outlined. Writ of Continuing Garnishment issued 6/1/09 to Citizens Bank is quashed. Signed by Judge Joseph A. DiClerico, Jr. (dae)
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Case 1:04-cv-00254-JD
Document 36
Filed 07/31/2009
Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE United States of America, Plaintiff, v. John Burke, Echelon Construction, LLC., Defendants, and Citizens Bank, Garnishee. ORDER TO RELEASE FUNDS AND TO QUASH WRIT OF CONTINUING GARNISHMENT On June 1, 2009, a Writ of Continuing Garnishment and Clerk's Notice of Continuing Garnishment were issued in the above-captioned action by James R. Starr, Clerk, United States District Court. In accordance with the terms of the Writ of Civil No. 04-254-JD
Continuing Garnishment, on June 4, 2009, John Burke's checking account held by Citizens Bank, Concord, New Hampshire, was levied on by the United States of America. Copies of the Application,
Clerk's Notice and Writ of Continuing Garnishment were received by defendant, John Burke, by certified mail, return receipt, on June 16, 2009. Pursuant to 28 U.S.C. §3202(d), the defendant had twenty days to request a hearing after receiving the Notice and Writ. Defendant having failed to request a hearing within the time allowed, it is
Case 1:04-cv-00254-JD
Document 36
Filed 07/31/2009
Page 2 of 2
ORDERED that funds in the amount of $208.81, plus any interest from the date of levy until the current date, seized on June 4, 2009, from an account in the name of John Burke, which are in the possession, custody or control of Citizens Bank, Concord, New Hampshire, be released to the United States of America. Said funds should be made payable to U.S. Department of
Justice and sent to U.S. Attorney's Office, 53 Pleasant Street, 4th Floor, Concord, NH 03301; and ORDERED that the Writ of Continuing Garnishment issued on June 1, 2009, to Citizens Bank, is hereby quashed. IT IS SO ORDERED.
/s/ _Joseph _A. _DiClerico, _Jr. ___ ______ __ __________ U.S. District Court Judge DATED: August 6, 2009
cc: Michael T. McCormack, AUSA John Burke, pro se defendant Citizens Bank
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