USA v. Real Property Located at 620 West Franklin Street, Salisbury, NC

Filing 7

WRIT OF ENTRY AND ORDER re 1 Complaint. Signed by Magistrate Judge David Keesler on 12/3/2012. (Pro se litigant served by US Mail.)(eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL NO. 3:12cv371-MOC-DCK
UNITED STATES OF AMERICA,
Plaintiff,
v.
REAL PROPERTY LOCATED AT 620
WEST FRANKLIN STREET,
CHARLOTTE, NORTH CAROLINA,
Defendant.

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WRIT OF ENTRY
AND ORDER

The United States having filed a verified Complaint for Forfeiture in Rem against the
defendant real property; and
The United States having not requested authority to seize the defendant real property at this
time but having stated that it will post notice of the Complaint for Forfeiture In Rem on the
defendant real property and serve notice of this action and a copy of the Complaint on the owner of
the defendant real property under 18 U.S.C. § 985(c)(1) and (3); and
The United States having requested that the Court issue a Writ of Entry as provided in 18
U.S.C. § 985(b)(2) and 18 U.S.C. § 983(j) authorizing it to enter the defendant real property,
including any structures, for the purpose of conducting an inspection and inventory of the defendant
real property and, as provided in 19 U.S.C. § 1606, to assess the security of the property and to
conduct an appraisal, and further to take certain interim measures to protect the property if the
property is unoccupied and such measures appear necessary; and
There being no filing in opposition to the government’s request for writ of entry;

IT IS THEREFORE ORDERED that the Department of Homeland Security, or its designee,
is hereby authorized
1. to enter the defendant real property, including any structures, on one or more occasions
during the pendency of this in rem forfeiture action against the defendant real property, for
the purpose of conducting an inspection and inventory and appraisal; and
2. if the property is unoccupied and if it appears necessary in order to protect and preserve
the property from theft, vandalism, and mold, to take the interim measures of boarding up
the property and spraying for mold, and,
3. to be accompanied on any such occasion by any appraiser(s) selected by it for the purpose
of appraising the condition and value of the defendant real property pursuant to 19 U.S.C.
§ 1606, which appraisal may include, among other means, still and video photography, and
4. to be accompanied on any such occasion by any government and contract personnel
selected by it for the purpose of conducting an inspection and inventory, which inspection
and inventory may include, among other means, still and video photography, and
5. to be accompanied on any such occasion by any federal, state, and local law enforcement
officers selected by it to ensure the safety of personnel acting under this Writ of Entry.
Any interference with anyone acting under the authority of this Writ of Entry shall be deemed a
violation of a Court order and may be punished as a contempt, as a violation of 18 U.S.C. § 2232
prohibiting the impairment of in rem jurisdiction, or otherwise as provided by law.
Signed: December 3, 2012