Spence v. Abandoned Wreckage

Filing 9

ORDER directing the Clerk of Court to issue an arrest warrant for the Abandoned Wreckage and directing the United States Marshal to execute the arrest warrant. Signed by Magistrate Judge Shiva V Hodges on 2/11/2015. (jpet, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Edward L. Spence,
Plaintiff,
vs.
Abandoned Wreckage, located within a
5 nautical miles radius centered at
27º15’ North latitude and a 79º09’ West
longitude,
Defendant.

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C/A No.: 3:15-138-SB-SVH

ORDER

This in rem action is before the court upon the verified complaint in admiralty
[ECF No. 1] of Edward L. Spence (“Plaintiff”), who seeks title to abandoned wreckage,
located inside an area within a five nautical miles radius centered at 27º15’ North latitude
and a 79º09’ West longitude, including but not limited to hull material, engines, tackle,
apparel, appurtenances, ballast, cargo and passengers’ possessions, but excluding the
wreckage of any vessels owned by the United States, its individual States, and/or any
foreign government (“Abandoned Wreckage”).
The court has reviewed Plaintiff’s verified complaint in accordance with the
requirements of Fed. R. Civ. P. C(3). Plaintiff appears set forth a prima facie showing
that an action in rem exists and that artifacts recovered from the Abandoned Wreckage
are, or will shortly be, within this District, which supports the issuance of an arrest
warrant for the Abandoned Wreckage.

The court therefore orders the Clerk of Court issue an arrest warrant for the
Abandoned Wreckage and to deliver the warrant, together with other appropriate process,
to the United States Marshal for execution.
The United States Marshal is directed to execute the arrest warrant against
defendant Abandoned Wreckage.
IT IS SO ORDERED.

February 11, 2015
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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