United States of America, The v. Currency, No. 2:2013cv00153 - Document 19 (N.D. Ala. 2013)
Court Description: MEMORANDUM OPINION AND ORDER After careful consideration of the record in this case and the magistrate judge's report and recommendation, the court hereby ADOPTS the report of the magistrate judge. The court further ACCEPTS the recommendations of the magistrate judge that Claimant's motion to dismiss be GRANTED in part and DENIED in part. Signed by Judge Abdul K Kallon on 09/30/2013. (PSM)
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FILED 2013 Sep-30 AM 09:32 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff, vs. $83,274.51 SEIZED FROM BBVA COMPASS BANK ACCOUNT NUMBER XXXX9194, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Civil Action Number 2:13-cv-153-JEO MEMORANDUM OPINION AND ORDER The magistrate judge filed a report and recommendation on July 2, 2013, recommending that Claimant Michael W. McClure s motion to dismiss and for return of seized funds, doc. 9, be granted in part and denied in part. See doc. 16. The Government has filed objections thereto. Doc. 17. After careful consideration of the record in this case and the magistrate judge s report and recommendation, the court hereby ADOPTS the report of the magistrate judge. The court further ACCEPTS the recommendations of the magistrate judge that Claimant s motion to dismiss be GRANTED in part and DENIED in part. The Government has stated a claim for forfeiture pursuant to 18 Page 1 of 2 U.S.C. § 981, and as such, may proceed on that ground. However, because any attempt to use 18 U.S.C. § 984 would be time barred, the Government is prohibited from proceeding under that theory. DONE this 30th day of September, 2013. ________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE Page 2 of 2
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