Findings and Recommendations for Final Order of Continuing Garnishment — United States v. Newcomb (Dkt. 11)

Summary

Findings and Recommendations for Final Order of Continuing Garnishment, filed December 12, 2022 (Document 11) in United States v. Royce Newcomb, No. 2:20-mc-0297 MCE DB, in the United States District Court for the Eastern District of California, with Wells Fargo Bank, NA as garnishee. The court recommends that the United States' request be granted and that the garnishee be directed to pay the Clerk of the Court all funds in which the debtor has an interest within fifteen (15) days of the filing of the Final Order. It states that the criminal docket number 2:11-CR-00172-MCE shall appear on the payment and that the garnishment ends when payment is deposited with the Clerk. The United States is to serve the findings on the debtor within fourteen days, and any party may file written objections within fourteen days.

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           Case 2:20-mc-00297-MCE-DB Document 11 Filed 12/12/22 Page 1 of 2

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 8                              IN THE UNITED STATES DISTRICT COURT

 9                                  EASTERN DISTRICT OF CALIFORNIA

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11   UNITED STATES OF AMERICA,                          No. 2:20-mc-0297 MCE DB

12                 Plaintiff,                           FINDINGS AND RECOMMENDATIONS FOR
                                                        FINAL ORDER OF CONTINUING
13          v.                                          GARNISHMENT

14   ROYCE NEWCOMB,

15                 Debtor.

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17   WELLS FARGO BANK, NA,

18                 Garnishee.
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20          The Court, having reviewed its files and the United States’ Request for Findings and

21 Recommendations for Final Order of Continuing Garnishment, and good cause appearing, hereby

22 recommends a Final Order of Continuing Garnishment be granted.

23          Accordingly, IT IS RECOMMENDED that:

24          1.     The United States’ Request for Findings and Recommendations for Final Order of

25 Continuing Garnishment be GRANTED;

26          2.     Garnishee Wells Fargo Bank, NA, be directed to pay the Clerk of the United States

27 District Court all funds held by Garnishee in which Debtor has an interest within fifteen (15) days of the

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            Case 2:20-mc-00297-MCE-DB Document 11 Filed 12/12/22 Page 2 of 2

 1 filing of the Final Order. Payment shall be made in the form of a check, money order, or company draft,

 2 made payable to the “Clerk of the Court” and delivered to:

 3                                   Office of the Clerk
                                     501 I St., Rm. 4-200
 4                                   Sacramento, CA 95814
 5 The criminal docket number (2:11-CR-00172-MCE) shall be stated on the payment instrument;

 6           3.      The Court shall retain jurisdiction to resolve matters through ancillary proceedings in the

 7 case, if necessary;

 8           4.      The garnishment shall terminate when the payment is deposited with the Clerk of the

 9 Court; and

10           5.      Within fourteen days of the date of these findings and recommendations the United

11 States shall serve a copy on the Debtor and file proof of such service.

12           These findings and recommendations are submitted to the United States District Judge assigned

13 to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served

14 with these findings and recommendations, any party may file written objections with the court and serve

15 a copy on all parties. Such a document should be captioned “Objections to Magistrate Judge’s Findings

16 and Recommendations.” Any reply to the objections shall be served and filed within fourteen days after

17 service of the objections. The parties are advised that failure to file objections within the specified time

18 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir.

19 1991).

20 Dated: December 11, 2022

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     DB\orders\orders.civil\USvNewcomb0297.cont.garn.f&rs
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