USA v. Bates, No. 2:2022mc00259 - Document 10 (E.D. Cal. 2022)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/28/22 RECOMMENDING that the 8 Request or Final Order of Garnishment be granted. Referred to Judge Kimberly J. Mueller. Objections due within 14 days, after being served with these findings and recommendations(Licea Chavez, V)
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USA v. Bates Doc. 10 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. CHRISTOPHER R. BATES, Case No. 2:22-MC-00259-KJM-CKD FINDINGS AND RECOMMENDATIONS FOR FINAL ORDER OF CONTINUING GARNISHMENT Criminal Case No. 2:00-CR-00229-MCE Debtor. 15 16 17 18 DASAMI INC. DBA CAPITOL CITY AUTOMOTIVE, 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 Dockets.Justia.com 1 2. Dasami Inc. DBA Capitol City Automotive be directed to pay the Clerk of the United 2 States District Court twenty-five percent (25%) of Debtor Christopher R. Bates ongoing and non-exempt 3 disposable earnings, including, but not limited to wages, earnings, commissions, and bonuses; 4 3. Dasami Inc. DBA Capitol City Automotive be directed to pay the Clerk of the United 5 States 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 (2:00-CR-00229-MCE) shall be stated on the payment instrument; 12 4. The United States be entitled to recover a $172,313.14 litigation surcharge after 13 satisfaction of the judgment amount owed by Christopher R. Bates. Garnishee shall pay the litigation 14 surcharge to the United States Department of Justice, who will provide payment instructions to the 15 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 ///// 25 ///// 26 ///// 27 28 1 Findings and Recommendations.” Failure to file objections within the specified time may waive the 2 right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 3 v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 4 DATED: NOVEMBER 28, 2022 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE
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