USA v. LaPlante

Filing 21

ORDER to Release Funds and to Quash Writ of Continuing Garnishment. So Ordered by Magistrate Judge Landya B. McCafferty. (kad)

USA v. LaPlante

Doc. 21

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE United States of America, Plaintiff, v. James LaPlante, Defendant, and Citizens Bank, Garnishee. ORDER TO RELEASE FUNDS AND TO QUASH WRIT OF CONTINUING GARNISHMENT On September 14, 2010, a Writ of Continuing Garnishment and Clerk's Notice of Continuing Garnishment were issued in the abovecaptioned action by James R. Starr, Clerk, United States District Court. In accordance with the terms of the Writ of Continuing Civil No. 00-31-LM

Garnishment, on September 16, 2010, an account in the name of James LaPlante, held by Citizen's Bank, was levied on by the United States of America. Copies of the Application, Clerk's

Notice and Writ of Continuing Garnishment were sent to defendant, James LaPlante on September 17, 2010, by certified mail, return receipt. Defendant hereby waives his right to a hearing pursuant to 28 U.S.C. §3202(d). Accordingly, it is

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ORDERED that funds in the amount of $800.00 which were seized on September 16, 2010, from an account in the name of James LaPlante, which are in the possession, custody or control of Citizens Bank, 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 any remaining funds in the account in the name of James LaPlante, over $800.00, be released to James LaPlante; and ORDERED that the Writ of Continuing Garnishment issued on September 14, 2010, to Citizens Bank, is hereby quashed. IT IS SO ORDERED.

/s/ Landya B. McCafferty _________________________ U.S. Magistrate Judge DATED: September 22, 2010 cc: Michael T. McCormack, AUSA James LaPlante, pro se Citizens Bank

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