USA v. Crosby, No. 2:2022mc00179 - Document 23 (E.D. Cal. 2022)

Court Description: FINAL ORDER OF GARNISHMENT signed by Senior Judge John A. Mendez on 9/9/22, ADOPTING in full 18 Findings and Recommendations. Wells Fargo Bank, N.A. ("Garnishee") is directed to pay to the Clerk of the Court all of the funds held by G arnishee in the checking accounts ending in 9637 and 0110 within 15 days of the filing of this Final Order of Garnishment. Payment shall be made in payable to the "Clerk of the Court", and delivered to: Office of the Clerk 501 I St., Rm. 4- 200 Sacramento, CA 95814. 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. 23 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. Case No. 2:22-MC-00179-JAM-KJN FINAL ORDER OF GARNISHMENT Criminal Case No. 2:17-CR-00006-JAM JOHN A. CROSBY, 15 Debtor. 16 17 WELLS FARGO BANK, N.A., 18 Garnishee. 19 20 21 On June 3, 2022, the United States filed an Application for Writ of Garnishment against John A. 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, 4. The United States served the Writ and related documents on Wells Fargo 24 Bank, N.A. (“Garnishee”), Debtor, and Debtor’s spouse. ECF 2, 5 and 6. 25 On June 10, 2022, Garnishee served its Acknowledgment of Service and Answer of Garnishee 26 on Debtor, Debtor’s spouse, and the United States (“Answer”). ECF 11. In its Answer, Garnishee 27 stated that it has possession of the following accounts in which Debtor and/or his spouse, Jeni S. Crosby, 28 has an interest: FINAL ORDER OF GARNISHMENT 1 Dockets.Justia.com 1 Checking Account ******9637 $32,442.26 2 Checking Account ******0110 $10,000.00 3 Checking Account ******5902 $642.43 4 Id. 5 Debtor’s spouse, Jeni Crosby, objected only to the garnishment of the checking account ending 6 in 5902 on grounds that the funds in that checking account belong to their minor son. ECF 12. She 7 requested a hearing and asked that it be heard in the District of Utah, where she resides. Id. At the 8 United States’ request, the Court terminated the garnishment as to that account ending in 5902 and 9 denied as moot Jeni Crosby’s objection and request for hearing. ECF 13, 16. Accordingly, this 10 garnishment action proceeded only as to the accounts ending in 9637 and 0110. As to those two 11 accounts, neither Debtor nor his spouse claimed an exemption, requested a hearing, or objected to the 12 Answer. 13 Pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302, on August 9, 2022, the Magistrate Judge 14 issued findings and recommendations that recommended that the United States’ request for final order of 15 garnishment be granted and ordered that any objections were due within fourteen (14) days after service. 16 ECF 18. The United States served the findings and recommendations on Debtor and Debtor’s spouse on 17 August 9, 2022, and August 25, 2022, respectively. ECF 19, 20. Neither Debtor nor his spouse 18 objected and the time to do so has passed. 19 In accordance with 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of the 20 case. Having carefully reviewed the file, the Court concludes that the Magistrate Judge’s findings and 21 recommendations are supported by the record and by proper analysis. 22 Accordingly, IT IS HEREBY ORDERED THAT: 23 1. The Findings and Recommendations for Final Order of Garnishment (ECF 18) are 24 ADOPTED IN FULL; 25 2. Wells Fargo Bank, N.A. (“Garnishee”) is directed to pay to the Clerk of the United States 26 District Court all of the funds held by Garnishee in the checking accounts ending in 9637 and 0110 27 within fifteen (15) days of the filing of this Final Order of Garnishment. Payment shall be made in the 28 FINAL ORDER OF GARNISHMENT 2 1 form of a cashier’s check, money order, or company draft, made payable to the “Clerk of the Court”, and 2 delivered to: 3 Office of the Clerk 501 I St., Rm. 4-200 Sacramento, CA 95814 4 5 The criminal docket number (2:17-CR-00006-JAM) shall be stated on the payment instrument; 3. 6 The Court shall retain jurisdiction to resolve matters through ancillary proceedings in the 7 case, if necessary; and 4. 8 The garnishment shall terminate when the payment is deposited with the Clerk of the 9 Court. 10 IT IS SO ORDERED. 11 12 DATED: September 9, 2022 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ SENIOR UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINAL ORDER OF GARNISHMENT 3

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