United States of America v. 1585 Amherst Rd., Morganton, NC, Burke County

Filing 20

AMENDED ORDER granting 16 Motion to Appoint Counsel. Signed by Magistrate Judge Dennis Howell on 3/3/2015. (Pro se litigant served by US Mail.) (nv)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:14cv136
UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
)
)
1585 AMHERST ROAD,
)
MORGANTON, BURKE COUNTY,
)
NORTH CAROLINA,
)
)
Defendant.
)
___________________________________ )

AMENDED
ORDER

Previously, Court entered an Order granting Claimant’s Motion to Appoint
Counsel. (Order, Feb. 23, 2015.) The Court now enters this Amended Order in
place of the Court’s prior Order.
Pending before the Court is the Motion to Appoint Counsel [# 16]. Claimant
moves to appoint counsel pursuant to 18 U.S.C. § 983(b)(2)(A). The Government
did not respond to the motion. Upon a review of the record, the relevant legal
authority, and the Claimant’s motion, the Court GRANTS the motion [# 16].
The Court finds that Claimant has standing to contest the forfeiture of
property in this civil forfeiture proceedings, is financially unable to obtain
representation, and the property subject to forfeiture is real property used by

-1-

Claimant as a primary residence. See 18 U.S.C. § 983(b)(2)(A). Accordingly, the
appointment of counsel is appropriate in this case. The Court DIRECTS the
Legal Services Corporation to appoint an attorney to represent Claimant in this
matter. The Court DIRECTS the Clerk to forward a copy of this Order to:

Legal Aid of North Carolina
P.O. Box 7606
Asheville, NC 28802
Pisgah Legal Services
P.O. Box 2276
Asheville, NC 28802
Legal Aid of North Carolina – Administrative Office
P.O. Box 26087
Raleigh, NC 27611

Signed: March 3, 2015

-2-