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United States of America v. Real Property Located At 1251 Pleasant Grove Road

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


September 9, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
REAL PROPERTY LOCATED AT 1251 PLEASANT GROVE ROAD, RIO OSO, CALIFORNIA, SUTTER COUNTY, APN: 28-140-015 INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO,
DEFENDANT.

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

APPLICATION FOR ORDER APPOINTING COUNSEL; ORDER

David E. Jopson applies to the Court for an order appointing John R. Manning to represent him in the above case pursuant to 18 U.S.C. § 983(b)(1)(A).

Section 983, subd. (b)(1)(A) of Title 18, United States Code, provides as follows:

If a person with standing to contest the forfeiture of property in a civil judicial forfeiture proceeding under a civil forfeiture statute is financially unable to obtain representation by counsel, and the person is represented by counsel appointed under section 3006A of this title in connection with a related criminal case, the court may authorize counsel to represent that person with respect to the claim.

The property subject to this action is owned jointly by David E. Jopson; Sandra L. Jopson (wife); Thomas W. Jopson (brother) and Margaret S. Jopson (sister-in-law). The property is not a residence, but is several acres and contains two, large, commercial greenhouse in addition to multiple "out buildings" including a large shop.

On June 22, 2011, the Magistrate Judge determined David E. Jopson was financially unable to hire counsel. The Court therefore appointed John R. Manning to represent Mr. Jopson in a case charging violation of 21 U.S.C. §§ 846 and 841 (a)(1) (conspiracy to manufacture marijuana). That case began with a law enforcement search of the property subject to this action and is presently pending before this Court as United States v. David Jopson, 2:11 CR 275 JAM.

Accordingly, Claimant David E. Jopson respectfully requests this Court authorize counsel to represent him with respect to his claim.

A proposed order is attached for the Court's convenience.

Respectfully submitted,

Dated: September 1, 2011 /s/ John R. Manning JOHN R. MANNING Attorney for Defendant David Jopson

ORDER

John R. Manning is hereby authorized to represent David E. Jopson in case no. 2:11-cv-02038-JAM-DAD, pursuant to 18 U.S.C. § 983(b).

IT IS SO ORDERED.

John A. Mendez

20110909

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