United States of America v. 97-99 New Leicester Highway, Asheville, North Carolina et al

Filing 23

ORDER setting Forfeiture Hearing set for 4/9/2014 10:30 AM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before Magistrate Judge Dennis Howell.). Signed by Magistrate Judge Dennis Howell on 03/28/2014. (Pro se litigant served by US Mail.)(thh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13CV331
UNITED STATES OF AMERICA,
Plaintiff,
v.
97-99 New Leicester Highway Asheville,
North Carolina, as described in a Deed at
Book 4588, page 549-550, Buncombe
County Registry, being real property, and
all outbuildings, appurtenances,
improvements, and attachments thereon,
and;
20 Parkview Drive Asheville, North
Carolina, as described in a Deed at Book
4588, page 547-548, Buncombe County
Registry, being real property, together with
the residence, outbuildings, and all
appurtenances, improvements, and
attachments thereon,

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ORDER DIRECTING SERVICE
OF NOTICE OF
APPLICATION FOR
WARRANT
FOR SEIZURE OF REAL PROPERTY
AND SETTING TIME AND PLACE OF
HEARING

Defendants.
WHEREAS, on December 19, 2013, the United States filed a Verified Complaint for
Forfeiture In Rem against the two defendant real properties; and
WHEREAS, the Complaint alleged that the defendant real properties are forfeitable to the
United States under 21 U.S.C. § 881 and related federal statutes because it is proceeds of and
facilitating property used in drug-trafficking offenses, in violation of 21 U.S.C. § 801, et seq.;
and
WHEREAS, on March 28, 2014, the United States, pursuant to 18 U.S.C. §
985(d)(1)(B)(i), duly filed an Application for Warrant for Seizure of the above-described
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defendant real property at 20 Parkview Drive prior to the entry of a final order of forfeiture; and
WHEREAS, the United States alleged that the Estate of Rhonda Davis Lemons is the
current and sole owner of the defendant real property, with Jesse Lemons and Shirley M.
Gardner being the qualifying heirs; and
WHEREAS, the provisions of 18 U.S.C. § 985(d)(1)(B)(i) now require the Court to issue
this Notice of Application for Warrant and to schedule a hearing “in which the property owner
has a meaningful opportunity to be heard.”
NOW, THEREFORE,
a. The United States is ordered to personally serve a copy of the Application for
Warrant for Seizure for Real Property, Memorandum of Law in Support of
Application for Warrant for Seizure for Real Property, and this Notice of
Application for Warrant for Seizure of Real Property on Jesse Lemons, Shirley M.
Gardner, and the attorney for the Estate of Rhonda Davis Lemons and to file
proof of that service with the Court;
b. A hearing on whether the Court will issue a Warrant for Seizure of the
defendant real property at 20 Parkview Drive is hereby scheduled for
Wednesday, April 9, 2014, at 10:30 a.m. at the United States Courthouse, 100
Otis Street, Asheville, North Carolina 28801.

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IT IS SO ORDERED,
Signed: March 28, 2014

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