USA v. Crosby, No. 2:2022mc00177 - Document 22 (E.D. Cal. 2022)

Court Description: FINAL ORDER OF GARNISHMENT signed by Senior Judge John A. Mendez on 9/9/22, ADOPTING in full 16 Findings and Recommendations. Cornerstone Community Bancorp ("Garnishee") is directed to pay the Clerk of the United States District Co urt all of the funds held by Garnishee within 15 days of the filing of this Final Order of Garnishment. Payment shall be made payable to the "Clerk of the Court" and delivered to: Office of the Clerk 501 I St., Rm. 4-200 Sacramento, CA 9 5814. The criminal docket number (2:17-CR-00006-JAM) shall be stated on the payment instrument. The Court shall retain jurisdiction to resolve matters through ancillary proceedings in the case, if necessary; and the garnishment shall terminate when the payment is deposited with the Clerk of the Court. CASE CLOSED (Kastilahn, A)

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USA v. Crosby Doc. 22 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 13 14 15 v. Case No. 2:22-MC-00177-JAM-KJN FINAL ORDER OF GARNISHMENT Criminal Case No. 2:17-CR-00006-JAM INES S. CROSBY, Debtor. 16 17 18 CORNERSTONE COMMUNITY BANCORP, Garnishee. 19 20 21 On June 3, 2022, the United States filed an Application for Writ of Garnishment against Ines S. 22 Crosby’s (“Debtor”) interest in property. ECF 1. The Clerk of the Court issued the Writ and Clerk’s 23 Notice to Debtor. ECF 3 and ECF 4. The United States served the Writ and related documents on 24 Cornerstone Community Bancorp (“Garnishee”), Debtor, and Debtor’s spouse. ECF 2, 8 and 9. 25 On June 28, 2022, Garnishee filed an Acknowledgment of Service and Answer of Garnishee on 26 Debtor, Debtor’s spouse and the United States (“Answer”). ECF 12. In its Answer, Garnishee stated 27 that it has possession of 5,000 shares of CRSB stock with an approximate value of $140,000.00. Id. 28 Neither Debtor nor her spouse claimed an exemption, asked for a hearing, or objected to the Answer. FINAL ORDER OF GARNISHMENT 1 Dockets.Justia.com Pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302, on August 9, 2022, the Magistrate Judge 1 2 issued findings and recommendations that recommended that the United States’ request for final order of 3 garnishment be granted and ordered that any objections were due within 14 days after service. ECF 16. 4 The United States served the findings and recommendations on Debtor and Debtor’s spouse on August 5 9, 2022, and August 25, 2022, respectively. ECF 17, 18. Neither Debtor nor her spouse objected and 6 the time to do so has passed. In accordance with 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of the 7 8 case. Having carefully reviewed the file, the Court concludes that the Magistrate Judge’s findings and 9 recommendations are supported by the record and by proper analysis. 10 Accordingly, IT IS HEREBY ORDERED THAT: 11 1. The Findings and Recommendations for Final Order of Garnishment (ECF 16) are 12 ADOPTED IN FULL; 2. 13 Cornerstone Community Bancorp (“Garnishee”) is directed to pay the Clerk of the United 14 States District Court all of the funds held by Garnishee within fifteen (15) days of the filing of this Final 15 Order of Garnishment. Payment shall be made in the form of a cashier’s check, money order, or 16 company draft, made payable to the “Clerk of the Court” and delivered to: 17 Office of the Clerk 501 I St., Rm. 4-200 Sacramento, CA 95814 18 19 The criminal docket number (2:17-CR-00006-JAM) shall be stated on the payment instrument; 3. 20 The Court shall retain jurisdiction to resolve matters through ancillary proceedings in the 21 case, if necessary; and 4. 22 The garnishment shall terminate when the payment is deposited with the Clerk of the 23 Court. 24 IT IS SO ORDERED. 25 26 DATED: September 9, 2022 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ SENIOR UNITED STATES DISTRICT JUDGE 27 28 FINAL ORDER OF GARNISHMENT 2

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