Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:01-cr-00099-EWN

Document 63

Filed 02/03/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 01-cr-00099-EWN UNITED STATES OF AMERICA, Plaintiff, v. MITCHELL BELL, Defendant, and DEVEREUX CLEO WALLACE Garnishee.

MOTION TO DISMISS WRIT OF GARNISHMENT

Pursuant to 28 U.S.C. § 3205(c)(9)(B), Federal Debt Collection Procedures Act of 1990, Plaintiff, United States of America, hereby (1) submits its cumulative accounting of all property (wages) received by Plaintiff under the Writ of Continuing Garnishment filed December 22, 2006 and (2) moves to dismiss the Writ of Garnishment. 1. Judgment was entered herein on August 3, 2001, in the amount of $21,712.00. 2. The Court issued a Writ of Garnishment on December 22, 2006 directed to the Defendant's employer, Devereux Cleo Wallace. 3. The United States received $0.00 pursuant to this garnishment. 4. The garnishment should be dismissed because employee was on workman's

Case 1:01-cr-00099-EWN

Document 63

Filed 02/03/2008

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compensation at the time the United States initiated the garnishment. Defendant has terminated his employment with this company. WHEREFORE, Plaintiff requests that the Court dismiss the Writ of Garnishment directed to DEVEREUX CLEO WALLACE in the above captioned case. Respectfully submitted, TROY A. EID United States Attorney

Dated: February 3, 2008

By:

s/ Lisa A. Christian LISA A. CHRISTIAN Assistant U. S. Attorney 1225 17th Street, Suite 700 Denver, CO 80202 303-454-0100 Fax: (303) 454-0404 [email protected] Attorneys for Plaintiff United States of America

Case 1:01-cr-00099-EWN

Document 63

Filed 02/03/2008

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CERTIFICATE OF SERVICE I hereby certify that on February 3, 2008, I electronically filed the foregoing with the Clerk of the Court using the ECF system which will send notification of such filing to the following email addresses: [email protected] In addition, I hereby certify that I have mailed the document to the following non CM/ECF participants: Devereux Cleo Wallace 8405 Church Ranch Blvd. Attn: Cindy Campbell, Esq. Westminster, CO 80021 Mitchell Bell 7502 W. 10th Ave., #1 Lakewood, CO 80214

s/ Lisa A. Christian United States Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 (303) 454-0100 Fax: (303) 454-0404