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

Case 1:00-cv-02360-MJW-OES

Document 111

Filed 05/27/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-cv-02360-MJW-MEH DAVID H. CLANCY, Plaintiff, v. CHARLES A. MILLER, et al., Defendant, and TIMROTH CONSTRUCTION INC. 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 February 24, 2006, and Order thereon entered April 24, 2006, and (2) moves to dismiss the Writ of Garnishment. 1. Judgment was entered herein on July 2, 2004, in the amount of $20,893.01. 2. The Court issued a Writ of Garnishment on February 24, 2006 directed to the Defendant's employer, Timroth Construction Inc.. The Court entered a Garnishment Order on April 24, 2006. 3. The United States received $34.27 pursuant to this garnishment. 4. The garnishment should be dismissed because Mr. Clancy resigned from his

Case 1:00-cv-02360-MJW-OES

Document 111

Filed 05/27/2006

Page 2 of 3

employment. WHEREFORE, Plaintiff requests that the Court dismiss the Writ of Garnishment directed to Timroth Construction, Inc. in the above captioned case. Respectfully submitted, WILLIAM J. LEONE United States Attorney

Dated: May 27, 2006

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 1:00-cv-02360-MJW-OES

Document 111

Filed 05/27/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on May 27, 2006, 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: Timroth Construction Inc. PO Box 1171 Basalt, CO 81621 David H. Clancy c/o Gary A. Wright, Esq. 715 W. Main Street, Suite 201 Aspen, CO 81611

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