United States of America v. Approximately $635,486.07 in U.S. Currency, No. 2:2009cv01413 - Document 13 (E.D. Cal. 2010)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Judge John A. Mendez on 11/05/10 per 12 Stipulation. CASE CLOSED (Benson, A.)
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United States of America v. Approximately $635,486.07 in U.S. Currency 1 2 3 4 5 Doc. 13 BENJAMIN B. WAGNER United States Attorney E. ROBERT WRIGHT (SBN 51861) Assistant U.S. Attorney United States Courthouse 501 “I” Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2700 Facsimile: (916) 554-2900 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. APPROXIMATELY $635,486.07 IN U.S. CURRENCY, 15 Defendant. 16 17 18 19 20 21 2:09-CV-01413-JAM-GGH FINAL JUDGMENT OF FORFEITURE Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds as follows: 1. This is a civil forfeiture action against Approximately $635,486.07 in U.S. Currency (hereafter "defendant currency"). 2. A Verified Complaint for Forfeiture In Rem was filed on 22 May 21, 2009, seeking the forfeiture of the defendant currency, 23 alleging that said property is subject to forfeiture to the 24 United States of America pursuant to 21 U.S.C. § 881(a)(6). 25 3. On or about May 22, 2009, the Court issued a Warrant for 26 Arrest for the defendant currency, which was duly executed on May 27 27, 2009. 28 4. Beginning on May 29, 2009, for at least 30 consecutive 1 Final Judgment of Forfeiture Dockets.Justia.com 1 days, the United States published Notice of the Forfeiture Action 2 on the official internet government forfeiture site 3 www.forfeiture.gov. 4 June 30, 2009. 5 5. A Declaration of Publication was filed on In addition to the public notice on the official 6 internet government forfeiture site www.forfeiture.gov, actual 7 notice or attempted notice was given to the following 8 individuals: 9 a. Ryan Louis Ennis 10 b. David M. Michael (attorney for Ennis) 11 6. On June 18, 2009, Ryan Louis Ennis filed a verified 12 claim alleging an ownership and/or possessory interest in, and 13 the right to exercise dominion and control over the defendant 14 currency. 15 7. Apart from claimant Ryan Louis Ennis, no other party has 16 filed a claim or answer in this matter, and the time for which 17 any person or entity may file a claim and answer has expired. 18 19 20 Based on the above findings, and the files and records of the Court, it is hereby ORDERED AND ADJUDGED: 1. The Court adopts the Stipulation for Final Judgment of 21 Forfeiture entered into by and between the parties to this 22 action. 23 2. That judgment is hereby entered against claimant Ryan 24 Louis Ennis and all other potential claimants who have not filed 25 claims in this action. 26 3. All right, title and interest of claimant Ryan Louis 27 Ennis in the defendant currency shall be forfeited to the United 28 States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of 2 Final Judgment of Forfeiture 1 2 according to law. 4. That plaintiff United States of America and its 3 servants, agents, and employees and all other public entities, 4 their servants, agents, and employees, are released from any and 5 all liability arising out of or in any way connected with the 6 seizure, arrest, or forfeiture of the defendant currency. 7 is a full and final release applying to all unknown and 8 unanticipated injuries, and/or damages arising out of said 9 seizure, arrest, or forfeiture, as well as to those now known or 10 disclosed. 11 Code § 1542. 12 5. This The parties waive the provisions of California Civil Claimant Ryan Louis Ennis waived any and all claim or 13 right to interest that may have accrued on the defendant currency 14 being forfeited to the United States. 15 16 17 18 19 6. All parties are to bear their own costs and attorneys' fees. 7. The Court shall maintain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. SO ORDERED THIS 5th day of November, 2010. 20 21 22 /s/ John A. Mendez JOHN A. MENDEZ United States District Judge 23 24 25 26 27 28 3 Final Judgment of Forfeiture