United States of America v. Hunter, No. 1:2019mc00043 - Document 12 (E.D. Cal. 2020)

Court Description: ORDER ADOPTING 9 Findings and Recommendations; ORDERED that payment shall be made payable to the Clerk of the Court and delivered to the United States District Court - Sacramento, CA,the criminal docket number (1:01-cr-05155-OWW) shall be stated on the payment instrument; ORDERED that the court retains jurisdiction to resolve matters through ancillary proceedings in this case, if necessary and garnishment shall terminate when payment is deposited, signed by District Judge Dale A. Drozd on 12/7/2020.(Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 No. 1:19-mc-00043-DAD-SKO Plaintiff, v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS EVERETT EARL HUNTER, JR, (Doc. No. 9) Defendant and Judgment Debtor, 17 18 19 WELLS FARGO BANK, N.A., Garnishee. 20 21 On June 26, 2019, the United States filed an application for writ of continuing 22 garnishment against defendant and judgment debtor Everett Earl Hunter, Jr.’s property and 23 accounts. (Doc. No. 1.) Thereafter, on October 2, 2020, the United States filed a request for the 24 issuance of findings and recommendations recommending that a final order of garnishment be 25 issued. (Doc. No. 7.) The matter was referred to a United States Magistrate Judge pursuant to 28 26 U.S.C. § 636(b)(1)(B) and Local Rule 302. 27 28 On October 6, 2020, the assigned magistrate judge issued findings and recommendations recommending that the United States’ request for final order of garnishment be granted. (Doc. 1 1 No. 9.) The parties were provided fourteen (14) days in which to file objections to the findings 2 and recommendations. (Id. at 2.) To date, no objections to the findings and recommendations 3 have been filed, and the time in which to do so has passed. 4 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a 5 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 6 and recommendations to be supported by the record and proper analysis. 7 Accordingly: 8 1. 9 10 The findings and recommendations issued on October 6, 2020 (Doc. No. 9) are adopted in full; 2. Garnishee Wells Fargo Bank, N.A. is directed to pay the Clerk of the United States 11 District Court 100 percent of the contents of defendant and judgment debtor 12 Everett Earl Hunter, Jr’s account numbers xxxxxx4491, xxxxxx5668, and 13 xxxxxx3451 within fifteen (15) days of the filing of this order; 14 3. Payment shall be made in the form of a cashier’s check, money order or company 15 draft, made payable to the Clerk of the Court and delivered to the United States 16 District Court, Eastern District of California, 501 I Street, Room 4-200, 17 Sacramento, California 95814. The criminal docket number (1:01-cr-05155- 18 OWW) shall be stated on the payment instrument; 19 4. 20 21 this case, if necessary; and 5. 22 23 24 25 The court retains jurisdiction to resolve matters through ancillary proceedings in This garnishment shall terminate when the payment is deposited with the Clerk of the Court. IT IS SO ORDERED. Dated: December 7, 2020 UNITED STATES DISTRICT JUDGE 26 27 28 2

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