USA v. Newbold, No. 2:2023mc00426 - Document 10 (E.D. Cal. 2024)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 10/24/24 GRANTING 9 Request and RECOMMENDING that Toms Sierra Company, Inc. be directed to pay the Clerk all funds held by the garnishee. Referred to District Judge Daniel J. Calabretta; Objections to these Findings and Recommendations due within 14 days. (Benson, A.)

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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 v. 13 14 BRENT LEE NEWBOLD, Case No. 2:23-MC-00426-DJC-JDP [PROPOSED] FINDINGS AND RECOMMENDATIONS FOR FINAL ORDER OF CONTINUING GARNISHMENT Criminal Case No. 2:14-CR-00223-JAM Debtor. 15 16 17 TOMS SIERRA COMPANY, INC., 18 Garnishee. 19 The Court, having reviewed its files and the United States’ Request for Findings and 20 21 Recommendations for Final Order of Continuing Garnishment, and good cause appearing, hereby 22 recommends a Final Order of Continuing Garnishment be granted. 23 Accordingly, IT IS RECOMMENDED that: 24 1. The United States’ Request for Findings and Recommendations for Final Order of 25 Continuing Garnishment be GRANTED; 26 /// 27 /// 28 /// [PROPOSED] FINDINGS AND RECOMMENDATIONS 30 1 2. 1 Toms Sierra Company, Inc., be directed to pay the Clerk of the United States District 2 Court all of the funds in the accounts held by Garnishee in which Debtor has an interest within fifteen 3 (15) days of the filing of the Final Order. Payment shall be made in the form of a check, money order, 4 or company draft, made payable to the “Clerk of the Court” and delivered to: 5 Office of the Clerk 501 I St., Rm. 4-200 Sacramento, CA 95814 6 7 The criminal docket number (2:14-CR-00223-JAM) shall be stated on the payment instrument; 3. 8 The United States be entitled to recover a $275,699.60 litigation surcharge after 9 satisfaction of the judgment amount owed by Brent Lee Newbold; 4. 10 The Court shall retain jurisdiction to resolve matters through ancillary proceedings in the 11 case, if necessary; and 5. 12 The garnishment shall terminate when the payment is deposited with the Clerk of the 13 Court. These findings and recommendations are submitted to the United States District Judge assigned 14 15 to the case pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days, after being 16 served with these findings and recommendations, any party may file written objections with the court 17 and serve a copy on all parties. Such a document should be captioned “Objections to Magistrate Judge’s 18 Findings and Recommendations.” Failure to file objections within the specified time may waive the 19 right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); 20 Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 21 22 IT IS SO ORDERED. 23 Dated: October 24, 2024 24 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 25 26 27 28 [PROPOSED] FINDINGS AND RECOMMENDATIONS 30 2

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