United States of America v. $28,182,00 in United States Currency

Filing 17

ORDER pursuant to referral from the District Court and also pursuant to a Response and Opposition to Motion re 15 Response in Opposition to Motion. ( Status Conference set for 8/14/2012 10:30 AM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before Magistrate Judge Dennis Howell.) Signed by Magistrate Judge Dennis Howell on 08/01/2012. (Pro se litigant served by US Mail.)(thh)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:12 cv 08
UNITED STATES OF AMERICA,
Plaintiff
v
$28,182.00 IN UNITED STATES
CURRENCY,
Defendant.

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ORDER

THIS MATTER has come on before the undersigned pursuant to referral from
the District Court and also pursuant to a Response and Opposition to Motion (#15)
filed by the pro se claimant Artie S. Smith.
A review of the file shows that on June 27, 2012 United States District Judge
Martin Reidinger directed the defendant to respond to the Government’s Motion to
Strike and Dismiss the Claim of the claimant (#14). The claimant responded on June
21, 2012. Attached to the claimant’s response was a faxed letter that had been sent
to counsel for the Government dated May 2, 2012 in which the pro se claimant
requested that this matter “be continued until a resolution of the criminal case
currently in Cleveland County, North Carolina”. As a result of the filings by both the
Government and the pro se claimant, the undersigned will set a hearing to resolve
various issues in this case. To be addressed at the hearing are the following issues:
1)

Why the claimant has not complied with the Order of Judge Martin

Reidinger of March 20, 2012 directing the pro se claimant to file an answer by April
5, 2012;

2)

Why the Government did not file the claimant’s request that the case be

continued until resolution of the criminal charges against the pro se claimant pending
in state court;
3)

Are the criminal charges pending against the pro se claimant in state

court still pending;
4)

Should the Court stay the proceedings in this matter pending the

resolution of the state charges; and
5)

Such other and further matters as may expedite the resolution of this case.

ORDER
IT IS, THEREFORE, ORDERED that a hearing is hereby set for Tuesday,
August 14, 2012 at 10:30 o’clock a.m. in courtroom #2 of the United States
Courthouse in Asheville, North Carolina for hearing concerning the issues set forth
above.
Signed: August 1, 2012

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