Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 CHARLES EDWARD MURPHY, 13 Defendant, 14 and 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:03-cr-50065-FJM Document 20 Filed 03/07/2006 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff, vs.

ALLIED EXHAUST SYSTEMS, Inc., Garnishee.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CR 03-50065-PHX-FJM ORDER

The court has before it plaintiff's motion for entry of garnishment disposition order (doc. 17), defendant's response, and plaintiff's reply. The defendant claims that he did not receive notice and that, in any event, he cannot afford to be subject to a federal writ of garnishment and one issued in the State of Texas. By its reply, the plaintiff doubts that the defendant did not receive notice, but accepts the fact that the State of Texas is garnishing a substantial portion of defendant's earnings. Plaintiff asks us to require the garnishee to pay the withholdings currently held pursuant to the writ, and then quash the writ.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

We adopt plaintiff's recommended disposition and therefore IT IS ORDERED directing the garnishee to pay the withholdings currently held pursuant to the writ of garnishment (doc. 17). Once the garnishee has complied with this order, IT IS FURTHER ORDERED that the writ of garnishment be quashed. DATED this 6th day of March, 2006.

-2Case 2:03-cr-50065-FJM Document 20 Filed 03/07/2006 Page 2 of 2