Opinion
2:08-CV-01080-MCE-GGH.
October 16, 2008
McGREGOR W. SCOTT, United States Attorney, KRISTIN S. DOOR, SBN 84307, Assistant United States Attorney, Sacramento, CA, Attorneys for Plaintiff United States of America.
FINDINGS AND RECOMMENDATIONS
This matter came before the Honorable Magistrate Judge Gregory G. Hollows on plaintiff 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 defendant funds to oppose plaintiff's motion. Based on plaintiff's 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 May 16, 2008.
2. Plaintiff United States of America has moved this Court, pursuant to Local Rule A-540, for entry of default judgment of forfeiture against potential claimant Elizabeth Carrion.
3. Plaintiff has shown that a complaint for forfeiture was filed; that potential claimant Elizabeth Carrion received actual 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:
4. That Elizabeth Carrion be held in default;
5. That plaintiff's motion for default judgment and final judgment of forfeiture be granted;
6. That a judgment by default be entered against any right, title or interest of potential claimant Elizabeth Carrion in the defendant funds;
7. That a final judgment be entered, forfeiting all right, title and interest in the defendant funds to the United States of America, to be disposed of according to law.
8. That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by the Honorable Morrison C. England, Jr. and filed by the Clerk of the Court.