USA v. Stringfellow, No. 2:2022mc00162 - Document 9 (E.D. Cal. 2022)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/24/22 RECOMMENDING that 8 the United States' Request for Findings and Recommendations for Final Order of Continuing Garnishment be GRANTED (see findings and recom mendations for further details). Matter REFERRED to District Judge District John A. Mendez. Within 14 days, after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
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USA v. Stringfellow Doc. 9 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, Plaintiff, 12 v. 13 14 THOMAS W. STRINGFELLOW, 15 Case No. 2:22-MC-00162-JAM-KJN FINDINGS AND RECOMMENDATIONS FOR FINAL ORDER OF CONTINUING GARNISHMENT Criminal Case No. 2:14-CR-00157-MCE Debtor. 16 17 18 DIAMOND STAR PAINTING, INC., (and its Successors and Assignees) Garnishee. 19 20 21 The Court, having reviewed its files and the United States’ Request for Findings and 22 Recommendations for Final Order of Continuing Garnishment, and good cause appearing, hereby 23 recommends a Final Order of Continuing Garnishment be granted. 24 Accordingly, IT IS RECOMMENDED that: 25 1. The United States’ Request for Findings and Recommendations for Final Order of 26 Continuing Garnishment be GRANTED; 27 /// 28 /// 1 Dockets.Justia.com 1 2. Garnishee Diamond Star Painting, Inc. be directed to pay the Clerk of the United States 2 District Court twenty-five percent (25%) of Debtor Thomas W. Stringfellow’s ongoing and non-exempt 3 disposable earnings, including, but not limited to wages, earnings, commissions, and bonuses; 4 3. Garnishee Diamond Star Painting, Inc. be directed to pay the Clerk of the United States 5 District Court the amount of non-exempt disposable earnings, including, but not limited to wages, 6 earnings, commissions, and bonuses, already withheld as a result of the writ, within fifteen (15) days of 7 the filing of the Final Order. Payment shall be made in the form of a check, money order, or company 8 draft, made payable to the “Clerk of the Court” and delivered to: 9 Office of the Clerk 501 I St., Rm. 4-200 Sacramento, CA 95814 10 11 The criminal docket number (2:14-CR-00157-MCE) shall be stated on the payment instrument; 12 4. The United States be entitled to recover a $67,320.70 litigation surcharge after 13 satisfaction of the judgment amount owed by Thomas W. Stringfellow. Garnishee shall pay the 14 litigation surcharge to the United States Department of Justice, who will provide payment instructions to 15 the Garnishee concurrently with service of the final order. 16 5. The Court shall retain jurisdiction to resolve matters through ancillary proceedings in the 17 case, if necessary; and 18 6. The garnishment shall terminate when (1) the United States seeks to terminate the writ or 19 (2) when the judgment amount and litigation surcharge are fully satisfied. 20 These findings and recommendations are submitted to the United States District Judge assigned 21 to the case pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days, after being 22 served with these findings and recommendations, any party may file written objections with the court 23 and serve a copy on all parties. Such a document should be captioned “Objections to Magistrate Judge’s 24 Findings and Recommendations.” Failure to file objections within the specified time may waive the 25 right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 26 v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 27 Dated: August 24, 2022 28 2
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