United States of America v. Dunbar, No. 1:2022mc00148 - Document 12 (E.D. Cal. 2022)

Court Description: ORDER Directing Clerk of Court to Assign a District Judge; FINDINGS and RECOMMENDATIONS for Final Order of Continuing Garnishment re 9 signed by Magistrate Judge Sheila K. Oberto on 12/6/2022. Referred to Judge Thurston. Objections to F&R due within fourteen (14) days. (Lawrence, A)

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United States of America v. Dunbar Doc. 12 Case 1:22-mc-00148-JLT-SKO Document 12 Filed 12/07/22 Page 1 of 2 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, Plaintiff, 12 13 14 v. KYE AARON DUNBAR, Debtor. 15 FINDINGS AND RECOMMENDATIONS FOR FINAL ORDER OF CONTINUING GARNISHMENT (Doc. 9) Criminal Case No. 1:16-CR-00151-DAD-BAM 14-DAY DEADLINE 16 17 Case No. 1:22-MC-00148-SKO FRITO-LAY, INC., 18 Clerk to Assign a District Judge Garnishee. 19 20 The Court, having reviewed its files and Plaintiff United States of America (“United States”)’s 21 Request for Findings and Recommendations for Final Order of Continuing Garnishment, and good cause 22 appearing, hereby recommends a Final Order of Continuing Garnishment be granted. 23 Accordingly, IT IS RECOMMENDED that: 24 1. The United States’ Request for Findings and Recommendations for Final Order of 25 Continuing Garnishment (Doc. 9) be GRANTED; 26 2. Garnishee Frito-Lay, Inc., be directed to pay the Clerk of the United States District Court 27 twenty-five percent (25%) of Debtor Kye Aaron Dunbar’s ongoing and non-exempt disposable earnings, 28 including, but not limited to wages, earnings, commissions, and bonuses; FINDINGS AND RECOMMENDATIONS 1 Dockets.Justia.com Case 1:22-mc-00148-JLT-SKO Document 12 Filed 12/07/22 Page 2 of 2 3. 1 Garnishee Frito-Lay, Inc., be directed to pay the Clerk of the United States District Court 2 the amount of non-exempt disposable earnings, including, but not limited to wages, earnings, 3 commissions, and bonuses, already withheld as a result of the writ, within fifteen (15) days of the filing 4 of the Final Order. Payment shall be made in the form of a check, money order, or company draft, made 5 payable to the “Clerk of the Court” and delivered to: 6 Office of the Clerk 501 I St., Rm. 4-200 Sacramento, CA 95814 7 8 The criminal docket number (1:16-CR-00151-DAD-BAM) shall be stated on the payment instrument; 4. 9 The Court shall retain jurisdiction to resolve matters through ancillary proceedings in the 10 case, if necessary; and 5. 11 The garnishment shall terminate when (1) the United States seeks to terminate the writ, or 12 (2) when the judgment amount and litigation surcharge are fully satisfied. 13 The Clerk of Court is DIRECTED to assign a District Judge to this action. 14 These findings and recommendations are submitted to the United States District Judge assigned to 15 the case pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B). Within fourteen (14) days, after being 16 served with these findings and recommendations, any party may file written objections with the court and 17 serve a copy on all parties. Such a document should be captioned “Objections to Magistrate Judge’s 18 Findings and Recommendations.” Failure to file objections within the specified time may waive the right 19 to appeal the District Court’s order. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing 20 Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)); Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 21 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). The Court DIRECTS the United States to serve copies of this Order to Garnishee Frito-Lay, Inc. 22 23 and to Debtor Kye Aaron Dunbar at their respective current or last known addresses. 24 25 IT IS SO ORDERED. 26 Dated: /s/ Sheila K. Oberto December 6, 2022 . UNITED STATES MAGISTRATE JUDGE 27 28 FINDINGS AND RECOMMENDATIONS 2

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