USA v. Antolin, No. 2:2023mc00366 - Document 14 (E.D. Cal. 2023)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 12/20/23 RECOMMENDING that the United States' 3 Request for Findings and Recommendations for Final Order of Garnishment be GRANTED; Garnishees be directed to pay the Clerk of the United States District Court all of the funds held by Garnishees in which Debtor has an interest within 15 days of the filing of the Final Order; the Court shall retain jurisdiction to resolve matters through ancillary proce edings in the case, if necessary; and the garnishment shall terminate when the payment is deposited with the Clerk of the Court. Matter REFERRED to District Judge Morrison C. England, Jr.. 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. Antolin Doc. 14 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, Case No. 2:23-MC-00366-KJM-JDP Plaintiff, [PROPOSED] FINDINGS AND RECOMMENDATIONS FOR FINAL ORDER OF GARNISHMENT 14 ROMMEL ANTOLIN, Criminal Case No. 2:08-CR-00318-MCE 15 Debtor. 12 v. 13 16 17 18 19 DEXCOM, INC 401(K) PLAN, FIDELITY INVESTMENTS INSTITUTIONAL OPERATIONS COMPANY, LLC, and WELLS FARGO CLEARING SERVICES, LLC, Garnishees. 20 21 The Court, having reviewed its files and the United States’ Request for Findings and 22 23 Recommendations for Final Order of Garnishment, and good cause appearing, hereby recommends a 24 Final Order of Garnishment be granted. 25 Accordingly, IT IS RECOMMENDED that: 26 1. The United States’ Request for Findings and Recommendations for Final Order of 27 Garnishment be GRANTED; 28 /// [PROPOSED] FINDINGS AND RECOMMENDATIONS 1 Dockets.Justia.com 2. 1 Garnishees be directed to pay the Clerk of the United States District Court all of the funds 2 held by Garnishees in which Debtor has an interest within fifteen (15) days of the filing of the Final 3 Order. Payment shall be made in the form of a check, money order, or company draft, made payable to 4 the “Clerk of the Court” and delivered to: Office of the Clerk 501 I St., Rm. 4-200 Sacramento, CA 95814 5 6 7 The criminal docket number (2:08-CR-00318-MCE) shall be stated on the payment instrument; 8 3. The Court shall retain jurisdiction to resolve matters through ancillary proceedings in the 9 case, if necessary; and 10 4. The garnishment shall terminate when the payment is deposited with the Clerk of the 11 Court. 12 These findings and recommendations are submitted to the United States District Judge assigned 13 to the case pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days, after being 14 served with these findings and recommendations, any party may file written objections with the court 15 and serve a copy on all parties. Such a document should be captioned “Objections to Magistrate Judge’s 16 Findings and Recommendations.” Failure to file objections within the specified time may waive the 17 right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 18 v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 19 20 Dated: December 20, 2023 21 __________________________________________ THE HONORABLE JEREMY D. PETERSON United States Magistrate Judge 22 23 24 25 26 27 28 [PROPOSED] FINDINGS AND RECOMMENDATIONS 2
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