Opinion
No. 2:17-cv-2538-TLN-DB
05-17-2018
UNITED STATES OF AMERICA, Plaintiff, v. APPROXIMATELY $8,000.00 IN U.S. CURRENCY, Defendant.
McGREGOR W. SCOTT United States Attorney KEVIN C. KHASIGIAN Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 Attorneys for the United States
McGREGOR W. SCOTT
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: (916) 554-2700 Attorneys for the United States FINDINGS AND RECOMMENDATIONS
This matter came before the Honorable Judge Deborah Barnes on the United States' ex parte motion for default judgment. There was no appearance by or on behalf of any other person or entity claiming an interest in the above-captioned defendant currency to oppose the United States' motion. Based on the United States' motion and the files and records of the court, THE COURT FINDS as follows:
1. This action arose out of a Verified Complaint for Forfeiture In Rem filed December 1, 2017.
2. The United States has moved this Court, pursuant to Local Rule 540, for entry of default judgment of forfeiture against potential claimants Jalen Angel and E. Diaza.
3. The United States has shown that a complaint for forfeiture was filed; that potential claimants Jalen Angel and E. Diaza received notice of the forfeiture action; that any and all other unknown potential claimants have been served by publication; and that grounds exist for entry of a final judgment of forfeiture.
Therefore, IT IS RECOMMENDED as follows:
1. That Jalen Angel and E. Diaza be held in default;
2. That the United States' motion for default judgment and final judgment of forfeiture be granted;
3. That judgment by default be entered against any right, title, or interest of potential claimants Jalen Angel and E. Diaza in the defendant currency referenced in the above caption;
4. That a final judgment be entered, forfeiting all right, title, and interest in the defendant currency to the United States, to be disposed of according to law;
5. That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by the Honorable Troy L. Nunley and filed by the Clerk of the Court.
These findings and recommendations will be submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days after these findings and recommendations are filed, any party may file written objections with the court. A document containing objections should be titled "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the objections shall be served and filed within seven (14) days after service of the objections. The parties are advised that failure to file objections within the specified time may, under certain circumstances, waive the right to appeal the District Court's order. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). Dated: May 17, 2018
/s/_________
DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE DB:6
DB/orders/orders.civil/USv$8,000.2538.mdj.f&rs