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United States v. Cabral

United States District Court, Ninth Circuit, California, E.D. California
Feb 23, 2010
Civil 1:07-CV-1741 OWW DLB (E.D. Cal. Feb. 23, 2010)

Opinion

          BENJAMIN B. WAGNER, United States Attorney, G. PATRICK JENNINGS, AARON M. BAILEY, Trial Attorney, Tax Division, U.S. Department of Justice, Washington, D.C., Attorneys for the United States of America.


          ORDER TO VACATE PREMISES

          OLIVER W. WANGER, District Judge.

         WHEREFORE, the plaintiff, the United States of America, having requested and been granted the foreclosure of its liens upon the real property commonly known as 3500 South Walnut Road Turlock, California, and 3509 Soderquist Road, Turlock, California (collectively, the "subject property"), and the United States having requested an Order of this Court that the defendants John Cabral and Janet Cabral (the "taxpayers"), and all other parties acting in concert with, or on their behalf, or residing thereon, vacate and depart from the subject property at on or before 12:00 o'clock noon on March 15, 2010, and good cause having been found,

         IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the defendants John Cabral and Janet Cabral and all other persons acting in concert with them, or on their behalf, or residing at the subject property, shall, no later than 12:00 o'clock noon on March 15, 2010 vacate and depart from the subject property, and

         IT IS FURTHER ORDERED that the United States Marshal is authorized and directed to enforce this Order at any time that he deems appropriate after 12:00 o'clock noon on March 15, 2010 by (1) entering the subject property, and any and all structures and vehicles located thereon, (2) evicting any unauthorized persons from all locations on the property, including, but not limited to, the structures, vehicles, and grounds, and (3) using force as necessary to accomplish this mission. When the United States Marshal concludes that all unauthorized persons have vacated, or been evicted from the property, he shall relinquish possession and custody of the subject property, and any personal property found thereon, to an Internal Revenue Service Property Appraisal and Liquidation Specialist, and

         IT IS FURTHER ORDERED that, should John Cabral and Janet Cabral, or any person acting on their behalf, or in concert with them, or residing thereon, either fail to vacate and depart from the subject property by 12:00 o'clock noon on March 15, 2010 or attempt to enter onto the subject property after that date and time, that person shall be subject to being found in contempt of this order of this court, which may subject that person to a fine, incarceration, or both, and

         IT IS FURTHER ORDERED that the United States Marshal, within ten days of the entry of this order, provide notice of it to John Cabral and Janet Cabral or any person residing at the subject property, by hand delivery of a copy of this Order, or by leaving a copy of this Order posted in a prominent location at each building at the subject property. In the event the Order is posted, the United States will mail a copy of the order to each property.

         IT IS SO ORDERED.


Summaries of

United States v. Cabral

United States District Court, Ninth Circuit, California, E.D. California
Feb 23, 2010
Civil 1:07-CV-1741 OWW DLB (E.D. Cal. Feb. 23, 2010)
Case details for

United States v. Cabral

Case Details

Full title:UNITED STATES OF AMERICA Plaintiff, v. JOHN L. CABRAL, JANET M. CABRAL…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Feb 23, 2010

Citations

Civil 1:07-CV-1741 OWW DLB (E.D. Cal. Feb. 23, 2010)