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

Filing 9

ORDER denying as moot 5 Motion to Dismiss for Failure to State a Claim. IT IS FURTHER ORDERED that the Claimant Artie Smith shall serve and file an answer to the Government's Complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure on or before April 5, 2012. Signed by District Judge Martin Reidinger on 03/19/2012. (Pro se litigant served by US Mail.)(thh)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12cv08

UNITED STATES OF AMERICA,

vs.

$28,182.00 IN UNITED STATES
CURRENCY.

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ORDER

THIS MATTER is before the Court on the Government’s Motion to
Dismiss Claim [Doc. 5] and the amended “Statement of Interest” filed by Artie
Smith on March 15, 2012 [Doc. 8].
On February 23, 2012, the Government moved to dismiss the claim filed
by Artie Smith (“Claimant”) on the grounds that it was not signed under
penalty of perjury.

[Doc. 5].

On March 5, 2012, the Court directed the

Claimant to file a verified claim within fourteen days. [Doc. 7]. On March 15,
2012, the Claimant filed a “Statement of Interest” which is sworn to and
notarized. [Doc. 8]. The Court finds this to be a sufficient verification for the
purposes of Rule G(5)(a)(i)(C) of the Supplemental Rules for Admiralty or
Maritime Claims and Asset Forfeiture Actions. See United States v. Toma,
No. 94 CR 333, 1997 WL 467280, at *2 (N.D. Ill. Aug. 6, 1997) (“[Claimant’s]

verification, which is sworn under oath, does not specifically state that it is
under penalty of perjury, but it would be since submitted to the court.”). In
light of the fact that the Claimant has now filed a verified claim, the
Government’s Motion to Dismiss Claim is moot.
Pursuant to Rule G(5)(b) of the Supplemental Rules for Admiralty or
Maritime Claims and Asset Forfeiture Actions, the Claimant is required to
serve and file an answer to the Government’s Complaint or a motion under
Rule 12 of the Federal Rules of Civil Procedure within 21 days after filing his
claim.
IT IS, THEREFORE, ORDERED that the Government’s Motion to
Dismiss Claim [Doc. 5] is DENIED AS MOOT.
IT IS FURTHER ORDERED that the Claimant Artie Smith shall serve
and file an answer to the Government’s Complaint or a motion under Rule 12
of the Federal Rules of Civil Procedure on or before April 5, 2012.
The Clerk of Court is directed to provides copies of this Order to counsel
for the Government and the pro se claimant, Artie Smith.

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IT IS SO ORDERED.
Signed: March 19, 2012

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