United States of America v. Approximately $10,000.00 in U.S. Currency
Filing
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ORDER for Publication signed by Magistrate Judge Sheila K. Oberto on 11/15/2011. (Timken, A)
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BENJAMIN B. WAGNER
United States Attorney
HEATHER MARDEL JONES
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: (559) 497-4000
Facsimile: (559) 497-4099
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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,
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Plaintiff,
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v.
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APPROXIMATELY $10,000.00 in
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U.S. CURRENCY,
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Defendant.
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__________________________________ )
1:11-CV-01845-AWI-SKO
APPLICATION AND ORDER FOR
PUBLICATION
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The United States of America, Plaintiff herein, applies for an order of
publication as follows:
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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;
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The defendant approximately $10,000.00 in U.S. currency (hereafter
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“defendant currency”) was seized on or about March 24, 2011, at 3225 Villa Avenue
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in Clovis, California and is in the custody of the U.S. Marshals Service, Eastern
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Application and Order For Publication
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District of California. The Drug Enforcement Administration published notice of the
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non-judicial forfeiture of the defendant currency on June 13, 20, and 27, 2011, in
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the Wall Street Journal.
4.
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Plaintiff proposes that publication be made as follows:
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a.
One 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 must be filed and served
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within 21 days after the filing of the claims and, in the absence thereof, default may
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Application and Order For Publication
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be entered and condemnation ordered.
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Dated: November 15, 2011
BENJAMIN B. WAGNER
United States Attorney
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/s/ Heather Mardel Jones
HEATHER MARDEL JONES
Assistant United States Attorney
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ORDER
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IT IS SO ORDERED.
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Dated:
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November 15, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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Application and Order For Publication
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