United States of America v. Approximately $6,822.00 in U.S. Currency
Filing
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Application and ORDER for Publication signed by Magistrate Judge Gary S. Austin on 6/22/2011. (Bradley, A)
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BENJAMIN B. WAGNER
United States Attorney
DAVID T. SHELLEDY
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, California 95814
Telephone: (916) 554-2700
Facsimile: (916) 554-2900
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Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
) 1:11-CV-01000-OWW-GSA
)
Plaintiff,
) APPLICATION AND ORDER FOR
) PUBLICATION
v.
)
)
APPROXIMATELY $6,822.00 IN U.S. )
CURRENCY,
)
)
Defendant.
)
_____________________________________)
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
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and Asset Forfeiture Actions (hereafter "Supplemental Rules") provides that the
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Plaintiff shall cause public notice of the action to be given in a newspaper of general
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circulation or on the official internet government forfeiture site;
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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 $6,822.00 in U.S. Currency (hereafter
“defendant currency”) was seized in the city of Fresno, Fresno County, California.
4.
Plaintiff proposes that publication be made as follows:
a.
One publication;
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Application and Order for Publication
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b.
Thirty (30) consecutive days;
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c.
On the official internet government forfeiture site
www.forfeiture.gov;
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d.
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The publication is to include the following:
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(1)
The Court and case number of the action;
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(2)
The date of the seizure/posting;
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(3)
The identity and/or description of the property
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(4)
The name and address of the attorney for the Plaintiff;
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(5)
A statement that claims of persons entitled to possession
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seized/posted;
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or claiming an interest pursuant to Supplemental Rule G(5) must be filed with the
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Court and served on the attorney for the Plaintiff no later than 60 days after the
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first day of publication on the official internet government forfeiture site; and
(6)
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A statement that answers to the Complaint or a motion
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under Rule 12 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") must be
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filed and served within 21 days after the filing of the claims and, in the absence
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thereof, default may be entered and condemnation ordered.
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Dated: June 20, 2011
BENJAMIN B. WAGNER
United States Attorney
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/s/ David T. Shelledy
DAVID T. SHELLEDY
Assistant United States Attorney
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ORDER
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IT IS SO ORDERED.
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Dated:
6i0kij
June 22, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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Application and Order for Publication
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