Opinion
1:10-cv-01881 OWW GSA
08-08-2011
UNITED STATES OF AMERICA, Plaintiff, v. 2007 CHEVROLET SILVERADO 1500 PICKUP TRUCK, VIN: 1GCEK14J27Z545955, CALIFORNIA LICENSE NO. 8G37483 Defendant.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL (Documents 21 and 27)
Plaintiff United States of America filed its complaint in this civil forfeiture action on October 6, 2010. (Doc. 1.) On March 10, 2011, the Clerk entered default as to Mireya Vargas. (Doc. 15.) On June 1, 2011, the Clerk entered default as to Jorge Vargas. (Doc. 18.) Thereafter, Plaintiff moved for default judgment on July 1, 2011. (Doc. 21.) Magistrate Judge Gary S. Austin took the motion off calendar and under submission on July 21, 2011. (Doc. 26.)
On July 21, 2011, the Magistrate Judge issued Findings and Recommendations that Plaintiff's application for default judgment be granted against the interests of Mireya Vargas and Jorge Vargas in the Defendant Property - a 2007 Chevrolet Silverado 1500 Pickup Truck, VIN 1GCEK14KZ545955, California License No. 8G37483 - and that final forfeiture judgment vest in Plaintiff United States of America all right, title and interest in the Defendant Property. The Findings and Recommendations were served on all parties and contained notice that any objections were to be filed within fifteen (15) days of service of the recommendation. (Doc. 27.) No objections have been filed.
In accordance with the provisions of Title 28 of the United States Code section 636 (b)(1)(c), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the Findings and Recommendations are supported by the record and proper analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The Findings and Recommendations dated July 21, 2011, are ADOPTED IN FULL;
2. Plaintiff's application for default judgment is GRANTED against the interests of Mireya Vargas and Jorge Vargas in the Defendant Property;
3. Final forfeiture judgment SHALL vest in Plaintiff United States of America all right, title and interest in the Defendant Property; and
4. Plaintiff United States of America SHALL submit a proposed default and final forfeiture judgment consistent with the findings and recommendations and order adopting them within ten days of the date of this Order.
IT IS SO ORDERED.
Oliver W. Wanger
UNITED STATES DISTRICT JUDGE