Order Terminating Garnishment — United States v. Marcus Payne (Western District of Tennessee, Document 6)

Summary

Order Terminating Garnishment and Dismissing Case With Prejudice, Document 6, filed February 20, 2025 in United States of America v. Bank of America, Garnishee, and Marcus Payne, No. 2:22-cv-02095-SHM-tmp, U.S. District Court, Western District of Tennessee. The order states that the United States filed an Application for Writ of Garnishment on February 17, 2022 and that the Writ was issued on February 18, 2022. It states that no indication of service, answer, objection or further motion was filed during the three-year pendency of the case. It terminates the Writ under 28 U.S.C. § 3205(c)(10)(A) and dismisses the action with prejudice for failure to prosecute, signed /s/ Samuel H. Mays, Jr.

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

Full text

Case 2:22-cv-02095-SHM-tmp    Document 6        Filed 02/20/25   Page 1 of 2    PageID
                                     36


                  IN THE UNITED STATES DISTRICT COURT
                     WESTERN DISTRICT OF TENNESSEE
                            WESTERN DIVISION

                                          )
 UNITED STATES OF AMERICA,                )
                                          )
       Plaintiff,                         )
                                          )
                                          )
 v.                                       )     No. 2:22-cv-02095-SHM-tmp
                                          )
                                          )
 BANK OF AMERICA,
                                          )
                                          )
       Garnishee,                               Ref. 2:14-cr-20110-SHM-1
                                          )
                                          )
 and
                                          )
                                          )
 MARCUS PAYNE, d/b/a JECK
                                          )
 FOUNDATION, IM PRODUCTS &
                                          )
 SERVICES,
                                          )
                                          )
       Defendant.
                                          )

                   ORDER TERMINATING GARNISHMENT AND
                     DISMISSING CASE WITH PREJUDICE

       On February 17, 2022, the United States of America filed an

Application for Writ of Garnishment against Bank of America

(“Garnishee”) and Marcus Payne (“Defendant”). (ECF No. 1.) On

February 18, 2022, the Deputy Clerk of Court issued the Writ of

Garnishment. (ECF No. 5.) No indication of service, answer by

Garnishee, objection by Defendant, or further motion by the

United States has been filed during the three-year pendency of

this case.

       Pursuant   to   28    U.S.C.   §       3205(c)(10)(A),      the   Writ    of

Garnishment (ECF No. 5) issued to Garnishee and Defendant is
Case 2:22-cv-02095-SHM-tmp   Document 6   Filed 02/20/25   Page 2 of 2   PageID
                                    37


TERMINATED. This action is DISMISSED WITH PREJUDICE for failure

to prosecute. Fed. R. Civ. P. 41(b); Link v. Wabash R. Co., 370

U.S. 626, 630-33 (1962).


      SO ORDERED this 20th day of February, 2025.


                                    /s/ Samuel H. Mays, Jr.
                                   SAMUEL H. MAYS, JR.
                                   UNITED STATES DISTRICT JUDGE




                                    2


File and source

File

6.pdf

Size

122,800 bytes

SHA-256

f880c17edd60faec81c63f8ef408b9d453031dbbec7c5aab133b1bbd8060af6b

Our copy

6.pdf

Original

No public link identified.