Opinion
Civil No. 11-04326-CV-C-NKL
06-06-2012
UNITED STATES OF AMERICA, Plaintiff, v. UNITED STATES CURRENCY IN THE AMOUNT OF $21,389.00, Defendant.
ORDER
Plaintiff, United States of America, has moved this Court, pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure, for entry of a final judgment by default. Plaintiff has shown that there was reasonable cause for seizure of the defendant property, that a complaint for forfeiture was filed, that all known potential claimants were served with process, and that any and all other claimants have been served by publication. However, no potential claimant has filed a timely claim to the defendant property. See U.S. v. Ford 250 Pickup 1990 VIN No. 1FTHX26M1LKA69552, 980 F.2d 1242, 1246 (8th Cir. 1992) (affirming a Rule 55(b)(2) default judgment that granted, without a hearing, forfeiture of property where no claimant made a proper claim for the property). Therefore, it is hereby
ORDERED, ADJUDGED AND DECREED:
(1) that a default judgment of forfeiture is hereby entered against the defendant property;
(2) that all persons claiming any right, title or interest in or to the defendant property are held in default;
(3) that all claims and interests in the defendant property are forever foreclosed and barred;
(4) that the defendant property is hereby forfeited to the United States of America pursuant to 21 U.S.C. § 881(a)(6);
(5) that the defendant property shall be disposed of according to law.
(6) that the Clerk of the Court shall enter a judgment consistent with this order.
______________________
NANETTE K. LAUGHREY
United States District Judge