-DAD USA v. Approximately $16,540.00 in U.S. Currency, No. 2:2010cv01713 - Document 16 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 1/24/2011 RECOMMENDING that Michael Devon Johnson, Natasha Billeci, Terrance Spencer Brown, and Brandon Marcus Bivens be held in default; pltf's 15 motion for default jud gment and final judgment of forfeiture be granted; a judgment by default be entered against any right, title, or interest of potential claimants Michael Devon Johnson, Natasha Billeci, Terrance Spencer Brown, and Brandon Marcus Bivens in the dft currency; a final judgment be entered. Referred to Judge Morrison C. England, Jr.. (Zignago, K.)

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-DAD USA v. Approximately $16,540.00 in U.S. Currency 1 2 3 4 5 Doc. 16 BENJAMIN B. WAGNER United States Attorney KELLI L. TAYLOR Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2700 Attorneys for Plaintiff United States of America 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 UNITED STATES OF AMERICA, ) 2:10-CV-01713-MCE-DAD ) Plaintiff, ) FINDINGS AND RECOMMENDATIONS ) v. ) ) APPROXIMATELY $16,540.00 IN ) U.S. CURRENCY, ) ) Defendant. ) _________________________________) 17 This matter came before the Honorable Judge Dale A. 18 Drozd on plaintiff United States’ ex parte motion for default 19 judgment. 20 person or entity claiming an interest in the defendant currency 21 to oppose plaintiff’s motion. 22 the files and records of the court, the Court finds as follows: 23 24 25 There was no appearance by or on behalf of any other 1. Based on plaintiff’s motion and This action arose out of a Verified Complaint for Forfeiture In Rem filed July 2, 2010. 2. Plaintiff United States of America has moved this 26 Court, pursuant to Local Rule 540, for entry of default judgment 27 of forfeiture against potential claimants Michael Devon Johnson, 28 Brandon Marcus Bivens, Terrance Spencer Brown, and Natasha 1 Dockets.Justia.com 1 2 Billeci. 3. Plaintiff has shown that a complaint for forfeiture 3 was filed; that potential claimants Terrance Spencer Brown and 4 Brandon Marcus Bivens received actual notice and plaintiff made 5 diligent attempts to notice potential claimants Michael Devon 6 Johnson and Natasha Billeci of the forfeiture action; that any 7 and all other unknown potential claimants have been served by 8 publication; and that grounds exist for entry of a final judgment 9 of forfeiture. 10 11 12 13 14 15 Therefore, IT IS RECOMMENDED that: 1. Michael Devon Johnson, Natasha Billeci, Terrance Spencer Brown, and Brandon Marcus Bivens be held in default; 2. Plaintiff's motion for default judgment and final judgment of forfeiture (Doc. No. 15) be granted; 3. A judgment by default be entered against any right, 16 title, or interest of potential claimants Michael Devon Johnson, 17 Natasha Billeci, Terrance Spencer Brown, and Brandon Marcus 18 Bivens in the defendant currency; 19 4. A final judgment be entered, forfeiting all right, 20 title, and interest in the defendant currency to the United 21 States of America, to be disposed of according to law; and 22 5. The Default Judgment and Final Judgment of 23 Forfeiture lodged herein be signed by the Honorable Morrison C. 24 England, Jr. and filed by the Clerk of the Court. 25 DATED: January 24, 2011. 26 27 28 Ddad1\orders.civil\ USvApprox$16,540.1713.f&r 2

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