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United States of America v. Gary Michael Hulsey

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


August 1, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
GARY MICHAEL HULSEY, AND KENNETH RITCHIE ROBERTS,
DEFENDANTS.

The opinion of the court was delivered by: John A. Mendez United States District Judge

FINAL ORDER OF FORFEITURE

WHEREAS, on June 25, 2008, this Court entered a Preliminary Order of Forfeiture pursuant to the provisions of 21 U.S.C. § 853(a) based upon the plea agreement entered into between plaintiff and defendant Kenneth Ritchie Roberts forfeiting to the United States the following property:

a. A $30,000 sub res in lieu of real property located at 737 Indian Meadows Drive, Happy Camp, California, APN: (76-03) 16-530-400;

AND WHEREAS, on July 11, 18, and 25, 2008, the United States published notification of the Court's Order of Forfeiture regarding Kenneth Ritchie Roberts in the Siskiyou Daily News (Siskiyou County), a newspaper of general circulation located in the county in which the subject property is located. Said published notice advised all third parties of their right to petition the Court within thirty (30) days of the publication date for a hearing to adjudicate the validity of their alleged legal interest in the forfeited property; AND WHEREAS, on or about April 13, 2011, this Court entered a Preliminary Order of Forfeiture pursuant to the provisions of 21 U.S.C. § 853(a) based upon the plea agreement entered into between plaintiff and defendant Gary Michael Hulsey forfeiting to the United States the following property:

a. A sub res in the amount of $75,217.72, plus any accrued interest, in lieu of real property known as Vacant land located in Siskiyou County on China Grade Road, Happy Camp, California, APN: 016-280-370;

AND WHEREAS, beginning on April 15, 2011, for at least 30 consecutive days, the United States published notice of the Court's Order of Forfeiture regarding Gary Michael Hulsey on the official internet government forfeiture site www.forfeiture.gov. Said published notice advised all third parties of their right to petition the Court within sixty (60) days from the first day of publication of the notice for a hearing to adjudicate the validity of their alleged legal interest in the forfeited property;

AND WHEREAS, the Court has been advised that no third party has filed a claim to the subject property, and the time for any person or entity to file a claim has expired.

Accordingly, it is hereby ORDERED and ADJUDGED:

1. A Final Order of Forfeiture shall be entered forfeiting to the United States of America all right, title, and interest in the below-listed property pursuant to 21 U.S.C. § 853(a), to be disposed of according to law, including all right, title, and interest of Kenneth Ritchie Roberts and Gary Michael Hulsey:

a. A $30,000 sub res in lieu of real property located at 737 Indian Meadows Drive, Happy Camp, California, APN: (76-03) 16-530-400, and

b. A sub res in the amount of $75,217.72, plus any accrued interest, in lieu of real property known as Vacant land located in Siskiyou County on China Grade Road, Happy Camp, California, APN: 016-280-370.

2. All right, title, and interest in the above-listed property shall vest solely in the name of the United States of America.

3. The U.S. Marshals Service shall maintain custody of and control over the subject property until it is disposed of according to law.

John A. Mendez

20110801

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