IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 4, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
APPROXIMATELY $45,734.15 IN U.S. CURRENCY SEIZED FROM BANK OF STOCKTON ACCOUNT NUMBER 2134574001, HELD IN THE NAME OF AHMAD KHAN DBA SMOKE SHOP & SNACKS, AND 2002 CADILLAC ESCALADE EXT, VIN: 3GYEK63N12G221478, CALIFORNIA LICENSE NUMBER: 8L68104, DEFENDANTS.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
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 to be given in a newspaper of general circulation or on the 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 defendant Approximately $45,734.15 in U.S. Currency seized from Bank of Stockton account number 2134574001, held in the name of Ahmad Khan dba Smoke Shop & Snacks (hereafter "the defendant funds"), and the defendant 2002 Cadillac Escalade EXT, VIN: 3GYEK63N12G221478, California License Number: 8L68104 (hereafter "defendant vehicle") were both seized in the city of Stockton, in San Joaquin County, California. The Department of Treasury, Internal Revenue Service, Criminal Investigation published notice of the non-judicial forfeiture of the defendant funds and the defendant vehicle on April 1, 8 and 15, 2009, in The Stockton Record.
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 seizure/posting;
(3) The identity and/or description of the property seized/posted;
(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: July 30, 2009
LAWRENCE G. BROWN Acting United States Attorney
KRISTIN S. DOOR Assistant United States Attorney
IT IS SO ORDERED.
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