United States of America v. $23,850.00 US Currency et al

Filing 17

ORDER GRANTING MOTION TO DISMISS, granting 16 Motion to Dismiss Civil Forfeiture Complaint. File Closed. Signed by Senior Judge Robert H. Whaley. (SK, Case Administrator)

1
2
3
4
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

5
6
7

UNITED STATES OF AMERICA,
Plaintiff,

8

v.

9
10
11
12

$23,850.00 U.S. CURRENCY,

No. CV-13-0079-RHW
ORDER GRANTING MOTION TO
DISMISS

DAN WESSON FIREARMS,
CHARLES DALY, HP 9 MM
PISTOL, SN: HPM0416,

13
14
15
16
17
18

and,
APPROXIMATELY 55 ROUNDS
OF AMMUNITION,
Defendants.
Before the Court is the Government’s Motion to Dismiss the Civil Forfeiture

19

Complaint. ECF No. 16. Plaintiff is represented by Assistant United States

20

Attorney James A. Goecke. The Defendant claimant Angel Vera Campos is

21

proceeding pro se. This matter was heard without oral argument.

22

The Government moves the court for an order dismissing the above-

23

captioned action pursuant to Fed. R. Civ. P. 41(a)(2), with prejudice and with each

24

party bearing its own costs, fees, and other expenses. ECF No 16 at 1. The

25

Government asserts that this forfeiture action has been resolved pursuant to a plea

26

agreement filed in the related criminal case, 2:11-CR-0109-RMP. Id. Further, the

27

Government notes that it complied with the notice requirements in both the civil

28

forfeiture process and the criminal forfeiture process. Id. at 2-3. Defendant has not
ORDER GRANTING MOTION TO DISMISS ~ 1
q:\rhw\acivil\2013\$23,850.00 u.s. currency\ord.grant.dismissal.docx

1

objected to the Government’s request for dismissal. Based on the lack of objection,

2

Fed. R. Civ. P. 41(a)(2), and the record, the Court finds the terms of the dismissal

3

proper and grants the motion to dismiss the above-captioned matter.

4

Accordingly, IT IS HEREBY ORDERED:

5

1. The Government’s Motion to Dismiss the Civil Forfeiture Complaint,

6
7
8

ECF No. 16, is GRANTED.
2. The civil forfeiture action is dismissed with prejudice and each party
shall bear their own costs, fees, and other expenses.

9

IT IS SO ORDERED. The District Court Executive is directed to enter this

10

Order, forward copies to counsel and Defendant claimant Angel Vera Campos, and

11

close the file.

12

DATED this 22nd day of June, 2015.

13
14
15

s/Robert H. Whaley
ROBERT H. WHALEY
Senior United States District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER GRANTING MOTION TO DISMISS ~ 2
q:\rhw\acivil\2013\$23,850.00 u.s. currency\ord.grant.dismissal.docx