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U.S. v. Approximately $8,130.00 in U.S. Currency, 2:16-MC-00042-TLN-EFB. (2016)

Court: District Court, E.D. California Number: infdco20160531c76 Visitors: 4
Filed: May 24, 2016
Latest Update: May 24, 2016
Summary: STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE TROY L. NUNLEY , District Judge . It is hereby stipulated by and between the United States of America and claimant Corey Frymoyer ("claimant" or "Frymoyer") by and through their respective counsel, as follows: 1. On or about November 30, 2015, claimant Frymoyer filed a claim in the administrative forfeiture proceedings with the United States Postal Inspection Servic
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STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE

It is hereby stipulated by and between the United States of America and claimant Corey Frymoyer ("claimant" or "Frymoyer") by and through their respective counsel, as follows:

1. On or about November 30, 2015, claimant Frymoyer filed a claim in the administrative forfeiture proceedings with the United States Postal Inspection Service with respect to the Approximately $8,130.00 in U.S. Currency, which was seized on September 24, 2015.

2. The United States Postal Inspection Service has sent the written notice of intent to forfeit required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than the claimants have filed a claim to the defendant currency as required by law in the administrative forfeiture proceeding.

3. Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture within ninety days after a claim has been filed in the administrative forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of the parties. That deadline was February 26, 2016.

4. By Stipulation and Order filed February 29, 2016, the parties stipulated to extend to April 26, 2016, the time in which the United States is required to file a civil complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture.

5. By Stipulation and Order filed April 27, 2016, the parties stipulated to extend to May 26, 2016, the time in which the United States is required to file a civil complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture.

6. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to June 24, 2016, the time in which the United States is required to file a civil complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture.

7. Accordingly, the parties agree that the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture shall be extended to June 24, 2016.

IT IS SO ORDERED.

Source:  Leagle

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