Opinion
1:11-CV-00143-LJO-GSA
01-17-2012
UNITED STATES OF AMERICA, Plaintiff, v. APPROXIMATELY $38,885.00 IN U.S. CURRENCY, Defendant.
BENJAMIN B. WAGNER United States Attorney HEATHER MARDEL JONES Assistant United States Attorney Attorneys for the United States
BENJAMIN B. WAGNER
United States Attorney
HEATHER MARDEL JONES
Assistant United States Attorney
Attorneys for the United States
DEFAULT JUDGMENT AND FINAL JUDGMENT OF FORFEITURE
This matter is before the Court on plaintiff United States' Ex Parte Motion for Default Judgment filed November 10, 2011. The Magistrate Judge has recommended that the United States' motion for default judgment be granted. The time for objecting to the Findings and Recommendations of the Magistrate Judge has passed and no timely objections have been filed. An Order Adopting the Magistrate Judge's Findings and Recommendations was filed on January 4, 2012. Based on the Magistrate Judge's Findings and Recommendations on Plaintiff's Ex Parte Application for Default Judgment, the Order Adopting the Magistrate Judge's Findings and Recommendations, and the files and records of the Court, it is
ORDERED, ADJUDGED AND DECREED:
1. The Court adopts the Magistrate Judge's December 15, 2011, Findings and Recommendations in full.
2. Valetin Rojas Ortega and Adolfo Rojas are held in default.
3. A judgment by default is hereby entered against any right, title, or interest in the defendant approximately $38,885.00 in U.S. Currency (hereafter "defendant currency") of Valentin Rojas Ortega, Adolfo Rojas, and all other potential claimants who have not filed claims in this action.
4. A final judgment is hereby entered forfeiting all right, title, and interest in the defendant currency to the United States of America, to be disposed of according to law, including all right, title, and interest of Valentin Rojas Ortega and Adolfo Rojas.
5. All parties shall bear their own costs and attorneys' fees. IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE