United States of America v. Approximately $24,120.00 in U.S. Currency
Filing
5
Application and ORDER For Publication signed by Magistrate Judge Gary S. Austin on 3/31/2010. (Esteves, C)
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BENJAMIN B. WAGNER United States Attorney DEANNA L. MARTINEZ Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
) ) Plaintiff, ) ) v. ) ) ) APPROXIMATELY $24,120.00 IN U.S. ) CURRENCY, ) ) Defendant. ) ) __________________________________ )
1:10-CV-00535-AWI-GSA APPLICATION AND ORDER FOR PUBLICATION
The United States of America, Plaintiff herein, applies for an order of publication as follows: 1. Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset
Forfeiture Actions (hereafter "Supplemental Rules") provides that the Plaintiff shall cause public notice of the action and arrest to be given in a newspaper of general circulation or on the official internet government forfeiture site; 2. Local Rule 171, Eastern District of California, provides that the Court shall
designate by order the appropriate newspaper or other vehicle for publication; 3. The defendant approximately $24,120.00 in U.S. Currency (hereafter "defendant
currency") was seized in the County of Fresno, California, and is in the custody of the U.S. Marshals Service, Eastern District of California. The Drug Enforcement Administration 1
APPLICATION AND ORDER FOR PUBLICATION
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("DEA") published notice of the nonjudicial forfeiture of the defendant currency on November 9, 16, and 23, 2009, in the Wall Street Journal. 4. Plaintiff proposes that publication be made as follows: a. b. c. d. One publication; Thirty (30) consecutive days; On the official internet government forfeiture site www.forfeiture.gov; The publication is to include the following: (1) (2) (3) (4) (5) The Court and case number of the action; The date of the arrest/seizure; The identity and/or description of the property arrested/seized; The name and address of the attorney for the Plaintiff; A statement that claims of persons entitled to possession or
claiming an interest pursuant to Supplemental Rule G(5) must be filed with the Court and served on the attorney for the Plaintiff no later than 60 days after the first day of publication on the official internet government forfeiture site; and (6) A statement that answers to the Complaint or a motion under Rule
12 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") must be filed and served within 21 days after the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered. Dated: 3/30/2010 BENJAMIN B. WAGNER United States Attorney /s/ Deanna L. Martinez DEANNA L. MARTINEZ Assistant United States Attorney ORDER
25 IT IS SO ORDERED. 26 27 28 2
APPLICATION AND ORDER FOR PUBLICATION
Dated: 6i0kij
March 31, 2010
/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE
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