United States of America v. Approximately $232,880.00 in U.S. Currency, No. 2:2015cv02661 - Document 14 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 04/04/16 RECOMMENDING that James Matthews be held in default; that the U.S.' 13 motion for default judgment and final judgment of forfeiture be granted; that judgme nt by default be entered against any right, title, or interest of potential claimant James Matthews in the defendant currency referenced in the above caption; that a final judgment be entered, forfeiting all right, title, and interest in the defen dant currency to the U.S., to be disposed of according to law; and that the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by the Honorable John A. Mendez and filed by the Clerk of the Court. Referred to Judge John A. Mendez. (Benson, A)

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United States of America v. Approximately $232,880.00 in U.S. Currency 4 BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 Doc. 14 Attorneys for the United States 1 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 2:15-CV-02661-JAM-EFB FINDINGS AND RECOMMENDATIONS v. APPROXIMATELY $232,880.00 IN U.S. CURRENCY, 15 Defendant. 16 17 This matter came before the Honorable Judge Edmund F. Brennan on the United States’ ex 18 parte motion for default judgment. There was no appearance by or on behalf of any other person or 19 entity claiming an interest in the above-captioned defendant currency to oppose the United States’ 20 motion. Based on the United States’ motion and the files and records of the court, THE COURT 21 FINDS as follows: 22 1. This action arose out of a Verified Complaint for Forfeiture In Rem filed December 23, 2. The United States has moved this Court, pursuant to Local Rule 540, for entry of default 23 2015. 24 25 judgment of forfeiture against potential claimant James Matthews. 26 3. The United States has shown that a complaint for forfeiture was filed; that potential 27 claimant James Matthews received notice of the forfeiture action; that any and all other unknown 28 potential claimants have been served by publication; and that grounds exist for entry of a final 1 Findings and Recommendations Dockets.Justia.com 1 judgment of forfeiture. 2 Therefore, IT IS RECOMMENDED as follows: 3 1. That James Matthews be held in default; 4 2. That the United States’ motion for default judgment and final judgment of forfeiture be 5 granted; 6 3. That judgment by default be entered against any right, title, or interest of potential 7 claimant James Matthews in the defendant currency referenced in the above caption; 8 4. That a final judgment be entered, forfeiting all right, title, and interest in the defendant 9 currency to the United States, to be disposed of according to law; 10 5. That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by 11 the Honorable John A. Mendez and filed by the Clerk of the Court. 12 Dated: April 4, 2016. 13 EDMUND F. BRENNAN United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Findings and Recommendations

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