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Fred Holmberg v. Miss Anna

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA


May 16, 2012

FRED HOLMBERG
PLAINTIFF,
v.
MISS ANNA, OFFICIAL NO. 592952, ITS ENGINES, MACHINERY, APPURTENANCES, ETC., IN REM, AND JOHN P. GARDNER, IN PERSONAM, DEFENDANTS.

The opinion of the court was delivered by: John D. Roberts United States Magistrate Judge

ORDER GRANTING STIPULATED MOTION FOR RELEASE OF VESSEL MISS ANNA FROM ARREST

(Docket No. 42)

The parties filed a Stipulated Motion for Dismissal and Release of Vessel from Arrest at Docket 42. The Magistrate Judge filed a Recommendation at Docket 43 recommending the assigned District Court Judge approve the Stipulation regarding dismissal. Judge Sedwick entered an order dismissing the In Personam claims with prejudice and the In Rem claims without prejudice at Docket 44. Therein, Judge Sedwick also directed the Magistrate Judge to address the release of the Vessel.

Based upon the Stipulation of the Parties filed herewith,

IT IS HEREBY ORDERED that the Vessel MISS ANNA, Official No. 592952, shall be released from arrest and custody by the United States Marshal. Upon receipt of this order, the United States Marshal for the District of Alaska is ordered to immediately direct the release of the vessel from the substitute custodian. The Vessel MISS ANNA shall be and hereby is released from further arrest by this Court. All custodial funds deposited with the Court by the plaintiff, and not expended by the U.S. Marshal, shall be refunded to plaintiff.

John D. Roberts

20120516

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