Opinion
No. 2:CV-07-897, (Electronically filed).
August 8, 2007
MARY BETH BUCHANAN, UNITED STATES ATTORNEY, By: GORDON A.D. ZUBROD, Special Assistant U.S. Attorney for the Western District of Pennsylvania, Harrisburg, PA.
NOTICE OF DISMISSAL OF CIVIL FORFEITURE ACTION
NOW COMES the plaintiff, United States of America, by and through Mary Beth Buchanan, United States Attorney, and Gordon A.D. Zubrod, Special Assistant United States Attorney, and hereby moves pursuant to Rule 41(a)(1), Federal Rules of Civil Procedure to dismiss the civil forfeiture action filed in the above-captioned action and, in support thereof, states as follows:
1) This is a civil forfeiture action in rem;
2) The United States filed this forfeiture action in the Western District of Pennsylvania because the defendant currency was actually seized within the Western District of Pennsylvania;
3) However, the defendant currency remains in the custody of the Middle District of Pennsylvania. Under these circumstances, the United States seeks to move this forfeiture action to the Middle District of Pennsylvania for processing;
3) Therefore, the defendant currency is no longer available for civil judicial forfeiture in the Western District of Pennsylvania.
WHEREFORE, it is respectfully requested that this instant forfeiture action be dismissed without prejudice.