Motion for Extension of Time to File Response/Reply as to 967 Petition — USA v. Thomas et al. (Dkt. 1034, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 1034 · 2024-06-14 · 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.  
              
 
 
REQUEST FOR EXTENSION AND STATUS REPORT 
 
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 Request for an Extension and Status Report regarding 
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. On April 30, 2024, the Court granted the United States’ Unopposed Request 
for Extension of Time to File Response/Reply to the Petition. 
4. Thereafter, on June 7, 2024, the deadline, pursuant to 21 U.S.C. § 853(n)(2), 
for other potential petitioners to contest the forfeiture of the real property 
located at 503-505 Rockwell Street, Fulton County, Georgia passed. No 
other potential petitioners challenged the forfeiture of the property. 
5. On June 11, 2024, the United States conveyed an offer to Petitioner to 
resolve the Petition.  
6. The United States and Petitioner are working to finalize the terms of 
potential resolution in this case. 
7. Accordingly, the United States respectfully requests 30 additional days to 
respond to the Petition if the parties are unable to finalize the terms of a 
resolution regarding the Petition.  
8. Should the United States and Petitioner be unable to finalize a resolution, 
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 Rule 32.2(c)(1)(B). 
9. The United States makes this request in good faith and not for the purpose 
of delay.   
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For the foregoing reasons, the United States respectfully requests 30 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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