Opinion
Civil Action No. 1:05-cv-1890-GET.
January 9, 2006
ORDER
The above-styled matter is presently before the court on the government's motion for default judgment of forfeiture [docket no. 7].
On July 20, 2005, plaintiff, the United States of America, filed a complaint for forfeiture of a sum of cash found in a search of Sonia Yadira Cortes-Valencia's home. A large portion of the cash was found in a suitcase with a luggage tag bearing the name Ramon Osegeura, which also contained an airline ticket in the name of Ramon Osegeura. The Drug Enforcement Administration searched the home after finding the address in the pocket of Sonia Yadirra Comes-Valencia's brother, when he was arrested along with Ramon Oseguera-Alanis after they were found in a car containing one pound of methamphetamine, outside a home containing a large-scale methamphetamine laboratory.
The government contends that the cash represents proceeds traceable to a sale or exchange of a controlled substance. Pursuant to 21 U.S.C. § 881, the government seeks an order forfeiting the defendant currency to the United States of America and further seeks costs of the action. At the time the complaint was filed, the Clerk of Court issued a warrant directing the United States Marshal Service ("USMS") to arrest defendant property.
The present motion is supported by the declaration of Assistant United States Attorney Dahil D. Goss which indicates that Ramon Oseguera-Alanis, as a potential claimant, was served in accordance with Fed.R.Civ.P. 4 and has failed to file a claim or answer the complaint. Osegeura-Alanis was personally served, and copies of the complaint and summons were also mailed to his attorney. Notice of the forfeiture action were published in the Atlanta Journal-Constitution one day a week for three weeks. As of the date of this order, no claimant, including Osegeura-Alanis has filed a claim or response in this action.
The present motion is therefore in conformity with Rule 55(a), Fed.R.Civ.P. Accordingly, the government's motion for default judgment [docket no. 7] is hereby GRANTED. IT IS HEREBY ORDERED AND ADJUDICATED:
1. Final judgment of forfeiture is hereby entered against defendant property and all persons or entities claiming any right, title, or interest in the defendant property, including Ramon Osegeura-Alanis and in favor of the United States.
2. The United States shall dispose of the defendant property according to law.
Summary
The government's motion for default judgment of forfeiture [docket no. 7] is hereby GRANTED.
SO ORDERED.