USA v. Approximately $25,390.00 in U.S. Currency et al, No. 1:2015cv01536 - Document 14 (E.D. Cal. 2016)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS in FULL 10 , 12 , signed by District Judge Lawrence J. O'Neill on 4/1/16: United States' proposed final judgment of forfeiture due within ten (10) days of the service of this order. (Hellings, J)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 No. 15-cv-1536- LJO-EPG Plaintiff, v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL APPROXIMATLEY $25,390.00 in U.S. CURRENCY; APRROXIMATELY $8,000.00 in U.S. Currency, (Docs. 10 and 12) Defendants. 17 18 In this in rem forfeiture action, the United States of America (“the government”) filed an 19 Ex Parte Motion for Default Judgment and for a Final Order of Forfeiture. (Doc. 10). On March 20 15, 2016, the Magistrate Judge issued Findings and Recommendations recommending that: 1) the 21 government’s Motion for Default Judgment against the interests of Alex Barbour and Gabriel 22 Atler be granted; 2) the Clerk of the Court enter final judgment of forfeiture pursuant to 21 U.S.C. 23 § 881 (a)(6), forfeiting all right, title, and interest in the defendant currency to the United States to 24 be disposed of according to law, and 3) the United States file a proposed final judgment 25 26 27 28 consistent with the Findings and Recommendations within ten (10) days of service of an order adopting the Findings and Recommendations. The Findings and Recommendations were served on all parties appearing in the action and 1 1 contained notice that any objections were to be filed within fifteen (15) days of the date of service 2 of the order. (Doc. 12). More than fifteen days have passed and no objections have been filed. 3 In accordance with the provisions of Title 28 of the United States Code section 4 636(b)(1)(c), this Court has conducted a de novo review of the case. Having carefully reviewed 5 6 7 the entire file, the Court finds that the Findings and Recommendations are supported by the record and proper analysis. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. 10 11 The Findings and Recommendations issued on March 15, 2016, are ADOPTED IN FULL (Doc. 12); 2. The government’s Motion for Default Judgment against the interests of Alex 12 Barbour and Gabriel Atler is granted; 13 14 3. The Clerk of the Court shall enter a final judgment of forfeiture pursuant to 21 15 U.S.C. § 881(a)(6), forfeiting all right, title, and interest in the defendant currency 16 to the United States to be disposed of according to law; and 17 4. 18 Within ten (10) days of the service of this order, the United States shall submit a proposed final judgment of forfeiture consistent with the findings and 19 recommendations and order adopting them. 20 21 22 23 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill April 1, 2016 UNITED STATES DISTRICT JUDGE 24 25 26 27 28 2
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