United States of America v. Approximately $45,734.15 in U.S. Currency Seized from Bank of Stockton et al, No. 2:2009cv02114 - Document 16 (E.D. Cal. 2009)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 12/2/09 RECOMMENDING that Mumraiz Khan, Irshan Khan and Ahmad Khan be held in default; that plaintiff's motion 15 be granted; that a judgment by default be entered a gainst any right, title or interest of potential claimants Mumraiz Khan, Irshan Khan and Ahmad Khan in the defendant funds and the defendant vehicle; that a final judgment be entered, forfeiting all right, title and interest in the defendant funds and the defendant vehicle to the United States of America, to be disposed of according to law; Motion Referred to Judge Morrison C. England, Jr; Objections to F&R due by 1/5/2010. (Becknal, R)

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United States of America v. Approximately $45,734.15 in U.S. Curren...om Bank of Stockton et al 1 2 3 4 5 Doc. 16 LAWRENCE G. BROWN United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2723 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 UNITED STATES OF AMERICA, 12 13 14 15 16 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. APPROXIMATELY $45,734.15 IN U.S. CURRENCY SEIZED FROM BANK OF STOCKTON ACCOUNT NUMBER 2134574001, HELD IN THE NAME OF AHMAD KHAN dba SMOKE SHOP & SNACKS, and 17 18 19 2002 CADILLAC ESCALADE EXT, VIN: 3GYEK63N12G221478, CALIFORNIA LICENSE NUMBER: 8L68104, 20 Defendants. 2:09-cv-02114-MCE-GGH FINDINGS AND RECOMMENDATIONS 21 22 This matter came before the Honorable Judge Gregory G. 23 Hollows on plaintiff United States’ ex parte motion for default 24 judgment. 25 person or entity claiming an interest in the defendant funds and 26 defendant vehicle to oppose plaintiff’s motion. 27 plaintiff’s motion and the files and records of the court, THE 28 COURT FINDS as follows: There was no appearance by or on behalf of any other Based on Findings and Recommendations [Proposed] 1 Dockets.Justia.com 1 2 3 1. This action arose out of a Verified Complaint for Forfeiture In Rem filed July 30, 2009. 2. Plaintiff United States of America has moved this Court, 4 pursuant to Local Rule A-540, for entry of default judgment of 5 forfeiture against potential claimants Mumraiz Khan, Irshan Khan 6 and Ahmad Khan. 7 3. Plaintiff has shown that a complaint for forfeiture was 8 filed; that potential claimants Mumraiz Khan, Irshan Khan and 9 Ahmad Khan received notice of the forfeiture action; that any and 10 all other unknown potential claimants have been served by 11 publication; and that grounds exist for entry of a final judgment 12 of forfeiture.1 13 Therefore, IT IS RECOMMENDED as follows: 14 4. 15 16 17 18 That Mumraiz Khan, Irshan Khan and Ahmad Khan be held in default; 5. That plaintiff's motion for default judgment and final judgment of forfeiture be granted; 6. That a judgment by default be entered against any right, 19 title or interest of potential claimants Mumraiz Khan, Irshan 20 Khan and Ahmad Khan in the defendant funds and the defendant 21 vehicle; 22 23 7. That a final judgment be entered, forfeiting all right, title and interest in the defendant funds and the defendant 24 25 26 27 28 1 In reviewing the file, the undersigned observed that certificates of personal service had been docketed only for Ahmad and Irshan Khan. However, Exhibit B to the government’s request for entry of default demonstrates personal service on Mumraiz Khan as well. Entry of default was entered on October 6, 2009. Although Ahmad Khan filed a substitution of counsel in this case, no appearance has been made on the merits for any of the potential claimants. Findings and Recommendations [Proposed] 2 1 vehicle to the United States of America, to be disposed of 2 according to law. 3 8. That the Default Judgment and Final Judgment of 4 Forfeiture lodged herein be signed by the Honorable Morrison C. 5 England, Jr. and filed by the Clerk of the Court. 6 Dated: December 2, 2009 /s/ Gregory G. Hollows 7 GREGORY G. HOLLOWS United States Magistrate Judge 8 9 $45,734.15.fr 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings and Recommendations [Proposed] 3

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