United States of America v. Approximately $30,540.00 in United States Currency

Filing 10

ORDER granting 9 Motion to Lift Stay and Dismiss the Case without prejudice. Signed by District Judge Max O. Cogburn, Jr on 10/25/11. (gpb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:09cv408
UNITED STATES OF AMERICA,
Plaintiff,
Vs.
APPROXIMATELY $30,540 IN
UNITED STATES CURRENCY,
Defendant.
_______________________________

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ORDER

THIS MATTER is before the court on the government’s motion (docket no.
9) to lift the stay entered pursuant to 18 U.S.C. § 981(g)(1) on January 4, 2010, and
to dismiss the case on the ground that forfeiture in a related criminal case has rendered
this civil case moot. In support of the motion, the government states that the only
claimant, Marvin Mobley, was indicted in the related criminal case, No. 3:09CR189,
and all of the defendant property was forfeited in that case by a final order entered on
August 11, 2011. The claimant’s attorney of record Matthew Pruden consents to the
government’s motion. Having considered the motion and reviewed the pleadings, the
court enters the following Order.
ORDER
IT IS, THEREFORE, ORDERED that the government’s motion to lift the
stay and dismiss the case (docket no. 9) is GRANTED, and the case is dismissed

without prejudice.

Signed: October 25, 2011