IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 4, 2008
UNITED STATES OF AMERICA, PLAINTIFF,
ONE SMITH & WESSON, MODEL 916A, 12 GAUGE SHOTGUN, SERIAL NUMBER 142B05, ONE REMINGTON, MODEL 11-48, 12 GAUGE SHOTGUN, SERIAL NUMBER 4102424, ONE JAPANESE, UNKNOWN CALIBER RIFLE, SERIAL NUMBER 17534, ONE REMINGTON, 12 GAUGE SHOTGUN, SERIAL NUMBER U105116, ONE NORINCO, MODEL SKS, 7.62 CALIBER RIFLE, SERIAL NUMBER 1738599, ONE SPRINGFIELD, MODEL 15, .22 CALIBER WEAPON MADE FROM A RIFLE, WITHOUT A SERIAL NUMBER, ONE IVER JOHNSON, .32 CALIBER REVOLVER, SERIAL NUMBER 97406, FIVE (5) ROUNDS SMITH & WESSON AMMUNITION, AND FIVE(5) ROUNDS OF ASSORTED AMMUNITION, DEFENDANTS.
APPLICATION AND ORDER FOR PUBLICATION
The United States of America, Plaintiff herein, applies for an order of publication as follows:
1. Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions (hereafter "Supplemental Rules") provides that the Plaintiff shall cause public notice of the action and arrest to be given in a newspaper of general circulation or on an official internet government forfeiture site;
2. Local Rule 83-171, Eastern District of California, provides that the Court shall designate by order the appropriate newspaper or other vehicle for publication;
3. The defendants one Smith & Wesson, Model 916A, 12 gauge shotgun, serial number 142B05; one Remington, Model 11-48, 12 gauge shotgun, serial number 4102424; one Japanese, unknown caliber rifle, serial number 17534; one Remington, 12 gauge shotgun, serial number U105116; one Norinco, Model SKS, 7.62 caliber rifle, serial number 1738599; one Springfield, Model 15, .22 caliber weapon made from a rifle, without a serial number; and five(5) rounds of assorted ammunition, (hereafter the "defendant firearms") were seized in the city of Vallejo, in Solano County, California. The Bureau of Alcohol, Tobacco, Firearms & Explosives ("ATF") published notice of the non-judicial forfeiture of the defendant firearms on May 1, 8, and 15, 2008 in the Wall Street Journal. The defendants one Iver Johnson, .32 caliber revolver, serial number 97406, and five (5) rounds Smith & Wesson ammunition, were seized in the city of Camino, in El Dorado County, California. The ATF published notice of the non-judicial forfeiture of these defendant firearms on May 22 and 29, 2008 and June 5, 2008 in the Wall Street Journal.
4. Plaintiff proposes that publication be made as follows:
a. One publication;
b. Thirty (30) consecutive days;
c. On the official internet government forfeiture site www.forfeiture.gov;
d. The publication is to include the following:
(1) The Court and case number of the action;
(2) The date of the arrest/seizure;
(3) The identity and/or description of the property arrested/seized;
(4) The name and address of the attorney for the Plaintiff;
(5) A statement that claims of persons entitled to possession or claiming an interest pursuant to Supplemental Rule G(5) must be filed with the Court and served on the attorney for the Plaintiff no later than 60 days after the first day of publication on the official internet government forfeiture site; and
(6) A statement that answers to the Complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") must be filed and served within 20 days after the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered.
Dated: Sept. 2, 2008
McGREGOR W. SCOTT United States Attorney
KRISTIN S. DOOR Assistant United States Attorney
IT IS SO ORDERED.
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