Notice to Court Regarding Status of Ancillary Forfeiture Proceeding — United States v. Fluker (Dkt. 2, E.D. Mich.)

Summary

A notice filed May 16, 2024 by the United States in Civil Case No. 24-mc-50425, an ancillary forfeiture proceeding in the U.S. District Court for the Eastern District of Michigan tied to criminal case 21-cr-20331 against Antonio Lynn Fluker, Jr., with Trina Daniels as interested party. It recounts that the Court entered a Preliminary Order of Forfeiture on March 20, 2024 and that Daniels filed a petition to assert an interest in the forfeited property on May 2, 2024. The government states that it has prepared a Motion to Dismiss the Petition for failure to state a claim and lack of standing, and that it explained the petition's deficiencies to Daniels by phone on May 16, 2024. The notice says Daniels would like to amend, and the government agreed that Daniels may have until June 6, 2024 to file an amended petition.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

Case 4:24-mc-50425-FKB-CI ECF No. 2, PageID.3 Filed 05/16/24 Page 1 of 3




                      UNITED STATES DISTRICT COURT
                      EASTERN DISTRICT OF MICHIGAN
                           SOUTHERN DIVISION

United States of America,

              Plaintiff,                            Civil Case No. 24-mc-50425
v.                                                  Crim. Case No. 21-cr-20331
                                                    Honorable F. Kay Behm
Antonio Lynn Fluker, Jr.,

              Defendant,

Trina Daniels,

              Interested Party.


     Notice to Court Regarding Status of Ancillary Forfeiture Proceeding


        On March 20, 2024, the Court entered a Preliminary Order of Forfeiture in

criminal case 21-cr-20331. (21-cr-20331, ECF No. 156). On April 24, 2024, the

United States served Notice of the Preliminary Order of Forfeiture on individuals

who may have an interest in the forfeited property. (21-cr-20331, ECF No. 160).

        On May 2, 2024, Trina Daniels filed a petition to assert an interest in the

forfeited property, which opened this ancillary proceeding. (24-mc-50425, ECF

No. 1). The United States has prepared a Motion to Dismiss the Petition for failure

to state a claim and lack of standing.

        In accordance with Local Rule 7.1, the United States called Trina Daniels to

discuss the nature of the Motion and its legal basis. Ms. Daniels returned the

  Case 4:24-mc-50425-FKB-CI ECF No. 2, PageID.4 Filed 05/16/24 Page 2 of 3




Government’s call on May 16, 2024. The United States explained the deficiencies

in the Petition and inquired whether Ms. Daniels would like an opportunity to

amend her petition. Specifically, the Government notified Ms. Daniels that for

each asset for which she is asserting a claim, the petition should:

      1. Set forth the nature and extent of Daniels’ right, title, or interest in the

         property;

      2. Identify the time and circumstances of her acquisition of the right, title,

         and interest in the property;

      3. Provide additional facts to support her claim to the property; and

      4. Sign the petition under penalty of perjury.

      Ms. Daniels would like to amend her petition. The Government agreed that

Ms. Daniels may have until June 6, 2024 to file an amended petition with the court.

                                             Respectfully submitted,

                                             Dawn N. Ison
                                             United States Attorney

                                             S/Adriana Dydell
                                             Adriana Dydell (CA 239516)
                                             Assistant U.S. Attorney
                                             211 W. Fort Street, Ste. 2001
                                             Detroit, Michigan 48226
                                             (313) 226-9125
                                             Adriana.Dydell@usdoj.gov
Dated: May 16, 2024



                                         2

  Case 4:24-mc-50425-FKB-CI ECF No. 2, PageID.5 Filed 05/16/24 Page 3 of 3




                            Certification of Service

      I hereby certify that on May 16, 2024, the foregoing document was

electronically filed using the ECF system which will send notification of such

filing to all ECF participants and was served upon the following non-ECF

participants via certified and regular mail by placing the same in an envelope,

postage prepaid, and depositing said envelopes in the United States Mail addressed

as follows:

              Trina Daniels
              XXXXX Woodland Apt XXXXX
              Wixom, Michigan 48393


                                            S/Adriana Dydell
                                            Adriana Dydell (CA 239516)
                                            Assistant U.S. Attorney
                                            211 W. Fort Street, Ste. 2001
                                            Detroit, Michigan 48226
                                            (313) 226-9125
                                            Adriana.Dydell@usdoj.gov




                                        3

File and source

File

gov.uscourts.mied.376788.2.0.pdf

Size

107,710 bytes

SHA-256

77b09885a79e546157ec6039b05ccbb81524992e89112244028e6bbe8459cd6e

Our copy

gov.uscourts.mied.376788.2.0.pdf

Original

archive.org