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United States v. Real Property Located at 761 Magnolia Road

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


January 29, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
REAL PROPERTY LOCATED AT 761 MAGNOLIA ROAD, MARYSVILLE, CALIFORNIA, YUBA COUNTY, APN: 005-170-013, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

STIPULATION TO DISMISS WITH PREJUDICE AND ORDER; CERTIFICATE OF REASONABLE CAUSE

Plaintiff United States of America, and claimant Foster Cornelius, appearing through undersigned counsel, hereby agree and stipulate as follows:

1. The pending action shall be dismissed with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.

2. The parties are to bear their own costs and attorney fees.

3. There was probable cause for the posting of the defendant real property, and for the commencement and prosecution of this forfeiture action, and the Court may enter a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465.

Dated: 12/17/2009

BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR Assistant U.S. Attorney Attorney for Plaintiff

DAVID WEINER Attorney for claimant Foster Cornelius

IT IS SO ORDERED.

CERTIFICATE OF REASONABLE CAUSE

Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed February 8, 2007, and the Stipulation for Dismissal With Prejudice filed herewith, the Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the posting of the defendant real property, and for the commencement and prosecution of this forfeiture action.

20100129

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