Unopposed Motion for Extension of Time — USA v. Thomas et al. (Dkt. 982, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 982 · 2024-04-30 · Docket on CourtListener

Full text

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA                 
v. 
CHARLES HILL, IV, ET AL., 
 
                    DEFENDANTS, 
 
 
Criminal Action No. 
1:20-CR-296-JPB-CMS 
 
 
[Ancillary Proceedings] 
AND  
 
NEW HORIZON REAL ESTATE, LLC, 
 
                    THIRD-PARTY PETITIONER.  
              
 
 
UNITED STATES’ UNOPPOSED REQUEST FOR AN EXTENSION 
 
The United States of America, by Ryan K. Buchanan, United States Attorney, 
and Norman L. Barnett, Assistant United States Attorney, for the Northern District 
of Georgia, hereby files this Unopposed Request for an Extension to respond to 
New Horizon Real Estate LLC’s Petition to Contest the Forfeiture of Property, and 
in support thereof, states the following: 
1. On April 15, 2024, New Horizon Real Estate LLC (“Petitioner”) filed a 
petition contesting the forfeiture of real property located at 503-505 
Rockwell Street, Fulton County, Georgia (“Petition”). (Doc. 967). 
2. The Court ordered the United States to respond to the Petition by April 30, 
2024.  
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3. Prior to the filing of the Petition, the United States and counsel for 
Petitioner have been in communication regarding this matter and whether 
it can be resolved without further litigation.  
4. Additionally, the deadline for other potential petitioners to file a petition 
regarding the real property located at 503-505 Rockwell Street, Fulton 
County, Georgia has not yet passed. The United States began publishing 
notice of the preliminary order of forfeiture, and of its intent to dispose of 
the property, on the official government internet site www.forfeiture.gov 
beginning on April 8, 2024, and is required to publish such notice for “at 
least 30 consecutive days.” See Rule G(4)(a)(iii)(B) of the Supplemental 
Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. 
Pursuant to 21 U.S.C. § 853(n)(2), anyone, other than a defendant, claiming 
an interest in property subject to forfeiture must file a petition “within 
thirty days of the final publication of notice or his receipt of notice . . . 
whichever is earlier.” Thus, the deadline for anyone, other than a 
defendant, to file a petition regarding the Subject Property is June 7, 2024, 
that is, 60 days after April 8, 2024. 
5. Accordingly, the United States respectfully requests 45 additional days to 
respond to the Petition. 
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6. During the requested extension, the United States will continue 
communicating with counsel for Petitioner and working to determine 
whether the Petition can be resolved through an agreement.  
7. The requested extension would also allow the United States to determine 
whether any other petitioners assert a valid petition regarding the real 
property located at 503-505 Rockwell Street, Fulton County, Georgia. 
8. Should the United States and Petitioner be unable to reach an agreement 
regarding the Petition, the United States intends to, if appropriate, file a 
motion pursuant to Federal Rule of Criminal Procedure 32.2(c)(1)(A), or 
file a motion seeking discovery pursuant to Federal Rule of Criminal 
Procedure 32.2(c)(1)(B). 
9. The United States has discussed this request for an extension with counsel 
for Petitioner and Petitioner does not oppose the United States’ request for 
an extension. 
10. The United States makes this request in good faith and not for the purpose 
of delay.   
/ 
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/ 
/ 
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For the foregoing reasons, the United States respectfully requests 45 additional 
days to respond to the Petition. 
 
Respectfully submitted, 
RYAN K. BUCHANAN 
United States Attorney 
 
/s/Norman L. Barnett 
NORMAN L. BARNETT 
Assistant United States Attorney 
Georgia Bar No. 153292 
600 U.S. Courthouse 
75 Ted Turner Drive, S.W. 
Atlanta, Georgia 30303 
norman.barnett@usdoj.gov 
 
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Certificate of Service 
I served this document today by filing it using the Court’s CM/ECF system, 
which automatically notifies the parties and counsel of record. 
 
 
 
/s/ NORMAN L. BARNETT 
 
 
NORMAN L. BARNETT 
 
Assistant United States Attorney 
 
 
 
 
 
 
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