Opinion
Civil Case No. 09-cv-02467-REB-KMI
11-14-2012
UNITED STATES OF AMERICA, Plaintiff, v. 2518 NEWPORT DRIVE, FORT COLLINS, COLORADO, and 37088 SOARING EAGLE CIRCLE, WINDSOR, COLORADO, Defendants.
Judge Robert E. Blackburn
ORDER OF DISMISSAL
Blackburn, J.
The matter is before me on the Unopposed Motion To Dismiss Action [#134]filed November 13, 2012. After reviewing the motion and the record, I conclude that the motion should be granted and that this action should be dismissed with prejudice. The court finds as follows:
"[#134]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
That the United States has commenced this action in rem pursuant to 21 U.S.C. § 881;
That the United States has resolved all issues with regards to the defendant properties and has no further claim against defendants 2518 Newport Drive and 37088 Soaring Eagle Circle;
That the United States will release its Lis Pendens recorded against the defendant properties;
That the interests of CitiMortgage, CitiBank, and JP Morgan Chase Bank remain as they were prior to the commencement of this civil forfeiture case; and
That pursuant to 28 U.S.C. § 2465, there was reasonable cause for instituting this action against defendant real properties.
THEREFORE, IT IS ORDERED as follows:
1. That the Unopposed Motion To Dismiss Action [#134] filed November 13, 2012, is GRANTED;
2. That a Certificate of Reasonable Cause is GRANTED pursuant to 28 U.S.C. § 2465; and
3. That this action is DISMISSED WITH PREJUDICE.
Dated November 14, 2012, at Denver, Colorado.
BY THE COURT:
_________________
Robert E. Blackburn
United States District Judge