United States v. Approximately $46,500.00 in U.S. Currency, No. 2:2008cv01475 - Document 30 (E.D. Cal. 2010)

Court Description: FINAL JUDGMENT OF FORFEITURE and CERTIFICATE of REASONABLE CAUSE signed by Judge Garland E. Burrell, Jr on 6/3/2010 ORDERING that the Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and between the parties to this action . Judgment is hereby entered against claimant John Steven Lindsey and all other potential claimants who have not filed claims in this action. Upon entry of this Final Judgment of Forfeiture, $8,910.00 of the $46,500.00 in U.S. Currency, to gether with any interest that may have accrued on that amount, shall be forfeited to the United States, to be disposed of according to law. Upon entry of this Final Judgment of Forfeiture, but no later than 60 days thereafter, $37,590.00 of the $46,500.00 in U.S. Currency, together with any interest that may have accrued on that amount, shall be returned to claimant John Steven Lindsey. CASE CLOSED. (Duong, D)

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United States v. Approximately $46,500.00 in U.S. Currency 1 2 3 4 5 Doc. 30 BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2723 Attorneys for Plaintiff United States of America 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 Plaintiff, v. APPROXIMATELY $46,500.00 IN U.S. CURRENCY, 15 Defendant. 16 17 18 19 20 21 ) ) ) ) ) ) ) ) ) ) ) 2:08-cv-01475-GEB-EFB FINAL JUDGMENT OF FORFEITURE Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 1. This is a civil forfeiture action against Approximately $46,500.00 in U.S. Currency (hereafter “defendant currency”). 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) 22 was filed on June 25, 2008, alleging that said defendant currency 23 is subject to forfeiture to the United States of America pursuant 24 to 21 U.S.C. § 881(a)(6). 25 3. On or about June 26, 2008, the Clerk issued a Warrant 26 for Arrest for the defendant currency, and that warrant was duly 27 executed on July 1, 2008. 28 4. On or about August 7, 2008, the United States Marshals 1 Final Judgment of Forfeiture Dockets.Justia.com 1 Service personally served copies of the verified complaint, 2 application and order for publication, order regarding clerk’s 3 issuance of warrant for arrest, warrant for arrest, order setting 4 status conference, notice of availability of voluntary dispute 5 resolution, and notice of availability of a magistrate judge on 6 John Steven Lindsey. 7 5. On August 1, 2008, John Steven Lindsey filed a Verified 8 Claim Opposing Forfeiture. 9 Lindsey filed a Verified Answer of Claimant to Verified Complaint 10 11 On August 18, 2008, John Steven for Forfeiture In Rem. 6. On or about July 18, 2008, a Public Notice of Arrest of 12 the defendant currency appeared by publication in The Oroville 13 Mercury-Register, a newspaper of general circulation in the 14 county in which the defendant currency was seized (Butte County). 15 The Affidavit of Publication was filed with the Court on 16 September 19, 2008. 17 7. No other parties have filed claims or answers in this 18 matter and the time for which any person or entity may file a 19 claim and answer has expired. 20 21 22 Based on the above findings, and the files and records of the Court, it is hereby ORDERED AND ADJUDGED: 1. The Court adopts the Stipulation for Final Judgment of 23 Forfeiture entered into by and between the parties to this 24 action. 25 2. That judgment is hereby entered against claimant John 26 Steven Lindsey and all other potential claimants who have not 27 filed claims in this action. 28 3. Upon entry of this Final Judgment of Forfeiture, 2 Final Judgment of Forfeiture 1 $8,910.00 of the $46,500.00 in U.S. Currency, together with any 2 interest that may have accrued on that amount, shall be forfeited 3 to the United States pursuant to 21 U.S.C. § 881(a)(6), to be 4 disposed of according to law. 5 4. Upon entry of this Final Judgment of Forfeiture, but no 6 later than 60 days thereafter, $37,590.00 of the $46,500.00 in 7 U.S. Currency, together with any interest that may have accrued 8 on that amount, shall be returned to claimant John Steven 9 Lindsey. 10 5. That plaintiff United States of America and its 11 servants, agents, and employees and all other public entities, 12 their servants, agents, and employees, are released from any and 13 all liability arising out of or in any way connected with the 14 seizure, arrest, or forfeiture of the defendant currency. 15 is a full and final release applying to all unknown and 16 unanticipated injuries, and/or damages arising out of said 17 seizure, arrest, or forfeiture, as well as to those now known or 18 disclosed. 19 Code § 1542. 20 6. This The parties waive the provisions of California Civil That pursuant to the stipulation of the parties, and the 21 allegations set forth in the Complaint filed on or about June 25, 22 2008, the Court finds that there was reasonable cause for the 23 seizure and arrest of the defendant currency, and a Certificate 24 of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered 25 accordingly. 26 7. 27 28 All parties are to bear their own costs and attorneys' fees. 8. The Court shall maintain jurisdiction to enforce the 3 Final Judgment of Forfeiture 1 2 terms of this Final Judgment of Forfeiture. SO ORDERED THIS 3rd day of June , 2010. 3 4 GARLAND E. BURRELL, JR. United States District Judge 5 6 7 8 9 CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Complaint filed 10 June 25, 2008, and the Stipulation for Final Judgment of 11 Forfeiture filed herein, the Court enters this Certificate of 12 Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was 13 reasonable cause for the seizure or arrest of the defendant 14 currency, and for the commencement and prosecution of this 15 forfeiture action. 16 Dated: June 3, 2010 17 18 19 GARLAND E. BURRELL, JR. United States District Judge 20 21 22 23 24 25 26 27 28 4 Final Judgment of Forfeiture

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