Summary
granting motion to dismiss for lack of statutory standing where the government gave pro se claimant additional two weeks to file an answer but claimant still did not file, claimant's pro se status did not excuse failure to comply with the Rules
Summary of this case from United States v. Approximately $60,110.00 in U.S. CurrencyOpinion
Civil Action No. 3:06-CV-0184-L.
June 25, 2007
ORDER
This is a civil forfeiture case, brought under 21 U.S.C. § 881(a)(6). Before the court is Plaintiff's Motion to Strike the Verified Claim of Mary Cipriani Hernandez and Brief in Support, filed September 22, 2006. Pursuant to 28 U.S.C. § 636(b) and an order of the court in implementation thereof, this case was referred to the United States magistrate judge for proposed findings and recommendation. On October 24, 2006, the Findings, Conclusions and Recommendation of the United States Magistrate Judge ("Report") were filed, to which no objections were filed. After making an independent review of the pleadings, file and record in this case, and the magistrate judge's Report, the court determines that the magistrate judge's findings are correct. Accordingly, the magistrate judge's findings and conclusions are accepted as those of the court. Plaintiff's Motion to Strike the Verified Claim of Mary Cipriani Hernandez is granted, and the court strikes the Verified Claim of Mary Cipriani Hernandez, filed April 20, 2006.
It is so ordered.