-SMS United States v. Approximately $1,707.00 in U.S. Currency, No. 1:2011cv00179 - Document 23 (E.D. Cal. 2011)

Court Description: DEFAULT JUDGMENT and FINAL JUDGMENT OF FORFEITURE signed by District Judge Lawrence J. O'Neill on 7/11/2011. (Jessen, A)

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-SMS United States v. Approximately $1,707.00 in U.S. Currency 1 2 3 4 5 Doc. 23 BENJAMIN B. WAGNER United States Attorney STANLEY A. BOONE HENRY Z. CARBAJAL III Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 6 Attorneys for Plaintiff 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 UNITED STATES OF AMERICA, ) 1:11-CV-00179-LJO-SMS ) Plaintiff, ) DEFAULT JUDGMENT AND FINAL ) JUDGMENT OF FORFEITURE v. ) ) APPROXIMATELY $1,707.00 IN U.S. ) CURRENCY, ) ) Defendant. ) _____________________________________) This matter is before the Court on plaintiff United States’ Ex Parte Motion for Default 17 18 Judgment and Final Judgment of Forfeiture filed May 2, 2011. The Magistrate Judge has 19 recommended that the United States’ motion for default judgment be granted. The time for 20 objecting to the Findings and Recommendations Recommending the Grant of Plaintiff’s Ex Parte 21 Application for Default Judgment have passed and no timely objections have been filed. An 22 Order Adopting Findings and Recommendations, Recommending Entry of Default Judgment and 23 Final Forfeiture Judgment in Favor of Plaintiff was filed on July 8, 2011. Based on the 24 Magistrate Judge’s Findings and Recommendations Recommending the Grant of Plaintiff’s Ex 25 Parte Application for Default Judgment, the Order Adopting Findings and Recommendations, 26 /// 27 /// 28 /// Default Judgment and Final Judgment of Forfeiture Dockets.Justia.com 1 Recommending Entry of Default Judgment and Final Forfeiture Judgment in Favor of Plaintiff, 2 and the files and records of the Court, it is 3 ORDERED, ADJUDGED, AND DECREED: 4 1. The Court adopts the Magistrate Judge’s June 21, 2011, Findings and 5 Recommendations Recommending the Grant of Plaintiff’s Ex Parte Application for Default 6 Judgment in full. 7 2. Jairo Fernandez and Jorge Palenzuela are held in default. 8 3. A judgment by default is hereby entered against any right, title, or interest in the 9 10 defendant approximately $1,707.00 in U.S. Currency of Jairo Fernandez and Jorge Palenzuela and all other potential claimants who have not filed claims in this action. 11 4. A final judgment is hereby entered forfeiting all right, title, and interest in the 12 defendant approximately $1,707.00 in U.S. Currency, to be disposed of according to law, 13 including all right, title, and interest of Jairo Fernandez and Jorge Palenzuela. 14 5. All parties shall bear their own costs and attorneys' fees. 15 IT IS SO ORDERED. 16 Dated: 66h44d July 11, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2 Default Judgment and Final Judgment of Forfeiture

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