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United States v. Real Property Located at 281 Pine Forest Road

United States District Court, Ninth Circuit

June 7, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
REAL PROPERTY LOCATED AT 281 PINE FOREST ROAD, HAYFORK, CALIFORNIA, TRINITY COUNTY, APN: XXX-XXX-XX, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED AT 660 SUNSET ROAD, HAYFORK, CALIFORNIA, TRINITY COUNTY, APN: XXX-XXX-XX, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED AT 1461 WESTRIDGE ROAD, HAYFORK, CALIFORNIA, TRINITY COUNTY, APN: XXX-XXX-XX-XX, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, and REAL PROPERTY LOCATED AT 1431 WESTRIDGE ROAD, HAYFORK, CALIFORNIA, TRINITY COUNTY, APN: XXX-XXX-XX-XX, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, Defendants.

BENJAMIN B. WAGNER, United States Attorney, KEVIN C. KHASIGIAN, Assistant U.S. Attorney, Sacramento, CA, Attorneys for the United States

FINAL JUDGMENT OF FORFEITURE

KIMBERLY J. MUELLER, District Judge.

Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, the Court finds:

1. This is a civil action in rem brought against the following real properties:

(a) Real Property located at 281 Pine Forest Road, Hayfork, California, Trinity County, APN: XXX-XXX-XX, including all appurtenances and improvements thereto, and more fully described in Exhibit A attached hereto and incorporated herein by reference;
(b) Real Property located at 660 Sunset Road, Hayfork, California, Trinity County, APN: XXX-XXX-XX, including all appurtenances and improvements thereto, and more fully described in Exhibit B attached hereto and incorporated herein by reference;
(c) Real Property located at 1461 Westridge Road, Hayfork, California, Trinity County, APN: XXX-XXX-XX-XX, including all appurtenances and improvements thereto, and more fully described in Exhibit C attached hereto and incorporated herein by reference; and
(d) Real Property located at 1431 Westridge Road, Hayfork, California, Trinity County, APN: XXX-XXX-XX-XX, including all appurtenances and improvements thereto, and more fully described in Exhibit D attached hereto and incorporated herein by reference.

(hereafter "defendant real properties").

2. A Verified Complaint for Forfeiture In Rem ("Complaint") was filed on July 19, 2012, alleging that said defendant properties are subject to forfeiture to the United States pursuant to 21 U.S.C. ยงยง 881(a)(6) and (a)(7).

3. On July 30, 2012, all of the defendant real properties were posted with a copy of the Complaint and Notice of Complaint.

4. Beginning on September 13, 2012, for at least thirty consecutive days, the United States published Notice of the Forfeiture Action on the official internet government forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on October 15, 2012.

5. In addition to the public notice on the official internet government forfeiture site www.forfeiture.gov, actual notice or attempted notice was given to the following individual(s) and entities:

a. Ryan J. Raketti

b. Marie Mallory

c. Pinehorse LLC

6. Claimant Ryan J. Raketti filed a claim to the defendant real properties on August 21, 2012 and an answer to the complaint on September 10, 2012. Claimant Marie Mallory filed a claim alleging an interest in the Real Property located at 281 Pine Forest Road, Hayfork, California, Trinity County, APN: XXX-XXX-XX on August 24, 2012 and an answer to the complaint on September 12, 2012. No other parties have filed claims or answers in this matter, and the time in which any person or entity may file a claim and answer has expired.

Based on the above findings, and the files and records of the Court, it is hereby ORDERED AND ADJUDGED:

7. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and between the parties to this action.

8. That judgment is hereby entered against claimant Ryan Raketti and all other potential claimants who have ...


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