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United States v. Approximately $32

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


October 16, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
APPROXIMATELY $32,148.00 IN U.S. CURRENCY, APPROXIMATELY$1,962.00 IN U.S. CURRENCY, APPROXIMATELY $3,546.00 IN U.S. CURRENCY, APPROXIMATELY $132.00 IN U.S. CURRENCY, APPROXIMATELY $158.00 IN U.S. CURRENCY, APPROXIMATELY 8 BOXES CONTAINING 164 UNITS OF SMOKABLE OTP, APPROXIMATELY 38 BOXES CONTAINING 927 UNITS OF SMOKABLE OTP, APPROXIMATELY 3 BOXES CONTAINING 60 UNITS OF SMOKABLE OTP, APPROXIMATELY 1 BOX CONTAINING 13 UNITS OF SMOKABLE OTP, APPROXIMATELY 41 BOXES CONTAINING 926 UNITS OF SMOKABLE OTP, APPROXIMATELY 284 BOXES CONTAINING 3,175 UNITS OF SMOKABLE OTP, APPROXIMATELY 256 BOXES CONTAINING 663 UNITS OF SMOKABLE OTP, APPROXIMATELY 351 BOXES CONTAINING 3,116 UNITS OF SMOKABLE OTP, APPROXIMATELY 6 BOXES CONTAINING 70 UNITS OF SMOKELESS OTP, APPROXIMATELY 31 BOXES CONTAINING 3,211 UNITS OF SMOKELESS OTP, AND APPROXIMATELY 13 BOXES CONTAINING 1,200 UNITS OF SMOKELESS OTP, DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

FOR PUBLICATION APPLICATION AND ORDER

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 defendants Approximately $32,148.00 in U.S. Currency; Approximately $1,962.00 in U.S. Currency; Approximately $3,546.00 in U.S. Currency; Approximately $132.00 in U.S. Currency; Approximately $158.00 in U.S. Currency; Approximately 8 Boxes Containing 164 Units of Smokable OTP; Approximately 38 Boxes Containing 927 Units of Smokable OTP; Approximately 3 Boxes Containing 60 Units of Smokable OTP; Approximately 1 Box Containing 13 Units of Smokable OTP; Approximately 41 Boxes Containing 926 Units of Smokable OTP; Approximately 284 Boxes Containing 3,175 Units of Smokable OTP; Approximately 256 Boxes Containing 663 Units of Smokable OTP; Approximately 351 Boxes Containing 3,116 Units of Smokable OTP; Approximately 6 Boxes Containing 70 Units of Smokeless OTP; Approximately 31 Boxes Containing 3,211 Units of Smokeless OTP, and Approximately 13 Boxes Containing 1,200 Units of Smokeless OTP were seized in the city of Yuba City, in Sutter County, California.

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: Oct. 13, 2009

LAWRENCE G. BROWN United States Attorney

KRISTIN S. DOOR Assistant U.S. Attorney

ORDER

IT IS SO ORDERED.

20091016

© 1992-2009 VersusLaw Inc.



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