Opinion
Civil Case No. 09-cv-02467-REB-KMT
03-07-2012
UNITED STATES OF AMERICA, Plaintiff, v. 2518 NEWPORT DRIVE, FORT COLLINS, COLORADO, 37088 SOARING EAGLE CIRCLE, WINDSOR, COLORADO, and 2019 WINFIELD COURT, FORT COLLINGS, COLORADO, Defendants.
Judge Robert E. Blackburn
ORDER DISMISSING DEFENDANT, 2019 WINFIELD COURT, ONLY
Blackburn, J.
The matter is before me on the Unopposed Motion To Dismiss Defendant
2019 Winfield Court [#128] filed March 7, 2012. After reviewing the motion and the file, I conclude that the motion should be granted and that plaintiff's claims against defendant, 2019 Winfield Court, Fort Collins, Colorado, should be dismissed.
"[#128]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
The court finds the following:
1. That the United States has commenced this action in rem pursuant to 21 U.S.C. § 881;
2. That the United States has no further claim against defendant, 2019 Winfield Court, or the net proceeds from the sale of the defendant, 2019 Winfield Court;
3. That based on the facts and verification set forth in the Verified Complaint, it appears that there was reasonable cause for the seizure of defendant, 2019 Winfield Court, and the filing of the Verified Complaint for Forfeiture; and
4. That the dismissal of defendant, 2019 Winfield Court, does not affect any of the other defendant properties in this action.
THEREFORE, IT IS ORDERED as follows:
1. That the Unopposed Motion To Dismiss Defendant 2019 Winfield Court [#128] filed March 7, 2012, is GRANTED;
2. That defendant, 2019 Winfield Court, and the net proceeds from the sale of 2019 Winfield Court are DISMISSED from this forfeiture action, and a Certificate of Reasonable Cause is granted pursuant to 28 U.S.C. § 2465; and
3. That defendant, 2019 Winfield Court, is DROPPED as a named party to this action, and the case caption is amended accordingly.
Dated March 7, 2012, at Denver, Colorado.
BY THE COURT:
____________________________
Robert E. Blackburn
United States District Judge