United States of America v. FNH Model Five-Seven 5.7x28 caliber pistol Serial Number: 386255811 et al

Filing 18

ORDER OF DISMISSAL. This action is DISMISSED for failure to timely publish notice of forfeiture. Rule G(4), Supp. R. Adm., Mar. & Forf. Claims to the Fed. R. Civ. P. The file is CLOSED. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON
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UNITED STATES OF AMERICA,
NO: 4:15-CV-5050-TOR
Plaintiff,

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ORDER OF DISMISSAL
v.

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FNH, MODEL “FIVE-SEVEN”,
5.7x28 CALIBER PISTOL, SERIAL
NUMBER 386255811; and, 19
ROUNDS OF AMMUNITION,

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Defendants.

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A Complaint was filed in this matter on June 12, 2015. ECF No. 1. The file

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reflects two persons were served with the Notice of Complaint for Forfeiture. ECF

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No. 7, 8. On February 5, 2016, Motions for Entry of Default were filed. ECF Nos.

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11 and 12. Clerk’s Orders of Default were subsequently entered on February 5,

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2015 at ECF Nos. 13 and 14. On August 19, 2016, this Court entered an Order to

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Show Cause as to why this case should not be dismissed for failure to prosecute.

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ECF No. 15. The United States timely responded and conceded that notice of

ORDER OF DISMISSAL ~ 1

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forfeiture by publication had not been accomplished, this procedural flaw cannot

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be remedied, and the case should be dismissed. ECF No. 17.

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Accordingly, IT IS HEREBY ORDERED:

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This action is DISMISSED for failure to timely publish notice of forfeiture.

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Rule G(4), Supp. R. Adm., Mar. & Forf. Claims to the Fed. R. Civ. P.
The District Court Executive is hereby directed to enter this Order, furnish a

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copy to Plaintiff, and CLOSE the file.

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DATED August 31, 2016.

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THOMAS O. RICE
Chief United States District Judge

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ORDER OF DISMISSAL ~ 2