United States of America v. Approximately $20,391.03 seized from Go Bank Account Number XXXXX6421, No. 2:2016cv02705 - Document 12 (E.D. Cal. 2017)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/22/2017 RECOMMENDING that Brandon Esposito and Michael King be held in default. That the United States' motion for default judgment and final judgment of forfeitur e be granted. That judgment by default be entered against any right, title, or interest of potential claimants Brandon Esposito and Michael King in the defendant funds referenced in the above caption. That a final judgment be entered, forfeiting al l right, title, and interest in the defendant funds to the United States, to be disposed of according to law. That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by the Honorable Kimberly J. Mueller and filed by the Clerk of the Court. Motion referred to Judge Kimberly J. Mueller. Objections to F&R due within 14 days. (Zignago, K.)

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4 PHILLIP A. TALBERT United States Attorney KEVIN C. KHASIGIAN Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 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 15 2:16-CV-02705-KJM-CKD FINDINGS AND RECOMMENDATIONS v. APPROXIMATELY $20,391.03 SEIZED FROM GO BANK ACCOUNT NUMBER XXXXX6421, 16 Defendant. 17 18 This matter came before the Honorable Judge Carolyn K. Delaney on the United States’ ex 19 parte motion for default judgment. There was no appearance by or on behalf of any other person or 20 entity claiming an interest in the above-captioned defendant funds to oppose the United States’ motion. 21 Based on the United States’ motion and the files and records of the court, THE COURT FINDS as 22 follows: 23 1. This action arose out of a Verified Complaint for Forfeiture In Rem filed November 14, 2. The United States has moved this Court, pursuant to Local Rule 540, for entry of default 24 2016. 25 26 judgment of forfeiture against potential claimants Brandon Esposito and Michael King. 27 3. The United States has shown that a complaint for forfeiture was filed; that potential 28 claimants Brandon Esposito and Michael King received notice of the forfeiture action; that any and all 1 Findings and Recommendations 29 30 1 other unknown potential claimants have been served by publication; and that grounds exist for entry of 2 a final judgment of forfeiture. 3 Therefore, IT IS RECOMMENDED as follows: 4 1. That Brandon Esposito and Michael King be held in default; 5 2. That the United States’ motion for default judgment and final judgment of forfeiture be 6 granted; 7 3. That judgment by default be entered against any right, title, or interest of potential 8 claimants Brandon Esposito and Michael King in the defendant funds referenced in the above caption; 9 4. That a final judgment be entered, forfeiting all right, title, and interest in the defendant 10 funds to the United States, to be disposed of according to law; 11 5. That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by 12 the Honorable Kimberly J. Mueller and filed by the Clerk of the Court. 13 These findings and recommendations are submitted to the United States District Judge assigned 14 to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served 15 with these findings and recommendations, any party may file written objections with the court and 16 serve a copy on all parties. Such a document should be captioned “Objections to Magistrate Judge’s 17 Findings and Recommendations.” Failure to file objections within the specified time may waive the 18 right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 19 Dated: March 22, 2017 20 21 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 29 30 2 Findings and Recommendations

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