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United States v. Approximately $8

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 6, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
APPROXIMATELY $8,960.00 IN U.S. CURRENCY, DEFENDANT.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

STIPULATION TO STAY CASE AND TO VACATE SCHEDULING CONFERENCE; ORDER THEREON

IT IS HEREBY STIPULATED by and between Plaintiff, United States of America and Claimant Ali Reza Miller as follows:

1. Claimant Ali Reza Miller is presently facing federal criminal charges in the Eastern District of California, United States v. Dominic Ducas, et al., 1:09-CR-00036-LJO, allegedly relating to transactions or events which form the basis for this civil forfeiture action.

2. The parties recognize that proceeding with this action has potential adverse affects on the prosecution of the related criminal case and/or upon Claimant Ali Reza Millers' right against self-incrimination in the related federal criminal case.

3. Publication of the civil forfeiture action has been completed and to date only Ali Reza Miller has filed a claim and answer, or otherwise appeared in this action.

THEREFORE, the parties to this action stipulate and request as follows:

1. Pursuant to 18 U.S.C. § 981(g), this action be stayed pending the conclusion of the federal criminal action presently pending against Ali Reza Miller in the Eastern District of California; and,

2. The Scheduling Conference in the civil case scheduled for October 13, 2008 at 10:00 a.m. in Courtroom 10 before Magistrate Judge Gary S. Austin be vacated.

3. The parties are to promptly notify the Court when the criminal case resolves. IT IS SO STIPULATED.

Dated: September 30, 2009

LAWRENCE G. BROWN United States Attorney

DEANNA L. MARTINEZ Assistant United States Attorney

Dated: October 1, 2009

ALI REZA MILLER Claimant In Propia Persona (Original signature retained by attorney)

Dated: October 1, 2009

HARRY M. DRANDELL Appointed Defense Counsel for Claimant Ali Reza Miller in related criminal case 1:09-CR-00036-LJO (Original signature retained by attorney)

ORDER

The Initial Scheduling Conference set for October 13, 2009, at 10:00 a.m. is vacated and the matter is stayed pursuant to the instant stipulation.

IT IS SO ORDERED.

20091006

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