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U.S. v. Approximately $15,000.00 in U.S. Currency, 2:17-MC-00108-KJM-CKD. (2017)

Court: District Court, E.D. California Number: infdco20170831a06 Visitors: 6
Filed: Aug. 29, 2017
Latest Update: Aug. 29, 2017
Summary: STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE KIMBERLY J. MUELLER , District Judge . It is hereby stipulated by and between the United States of America and claimants Doreen Darr ("Darr"), through their respective attorneys, and Rocky Livesay ("Livesay") and Tristan Weaver ("Weaver"), appearing in propria persona, as follows: 1. On or about April 24, 2017 (Darr) and April 28, 2017 (Livesay and Weaver), claima
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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 claimants Doreen Darr ("Darr"), through their respective attorneys, and Rocky Livesay ("Livesay") and Tristan Weaver ("Weaver"), appearing in propria persona, as follows:

1. On or about April 24, 2017 (Darr) and April 28, 2017 (Livesay and Weaver), claimants Darr, Livesay and Weaver filed claims in the administrative forfeiture proceedings with the United States Postal Inspection Service with respect to the Approximately $15,000.00 in U.S. Currency (hereafter "defendant currency"), which was seized on February 13, 2017.

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 claimant has 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 July 23, 2017.

4. By Stipulation and Order filed August 2, 2017, the parties stipulated to extend to August 21, 2017, 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. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to September 20, 2017, 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. 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 September 20, 2017.

IT IS SO ORDERED.

Source:  Leagle

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