United States of America v. Approximately $46,225.00 in U.S. Currency, No. 2:2009cv02481 - Document 12 (E.D. Cal. 2009)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 12/10/09 RECOMMENDING that Carl W. Coleman, Sr. and Joelle Coleman be held in default; plaintiff's motion for default judgment and final judgment of forfeiture be granted; that a judgment by default be entered against any right, title or interest of potential claimants Carl W. Coleman, Sr. and Joelle Coleman in the defendant currency; that a final judgment be entered, forfeiting all right, title and interest in the de fendant currency to the United States of America, to be disposed of according to law; that the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by the Honorable Morrison C. England, Jr. and filed by the Clerk of the Court. Parties may file written objections within 14 days after being served with these F&R's. (Carlos, K)

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United States of America v. Approximately $46,225.00 in U.S. Currency 1 2 3 4 5 Doc. 12 BENJAMIN B. WAGNER 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 12 13 14 15 16 17 UNITED STATES OF AMERICA, ) 2:09-cv-02481-MCE-JFM ) Plaintiff, ) ) v. ) ) APPROXIMATELY $46,225.00 IN U.S. ) CURRENCY, ) )FINDINGS AND RECOMMENDATIONS Defendant. ) ________________________________) This matter came before the undersigned on plaintiff United 18 States’ ex parte motion for default judgment. 19 appearance by or on behalf of any other person or entity claiming 20 an interest in the defendant currency to oppose plaintiff’s 21 motion. 22 the court, THE COURT FINDS as follows: 23 24 25 1. There was no Based on plaintiff’s motion and the files and records of This action arose out of a Verified Complaint for Forfeiture In Rem filed September 2, 2009. 2. Plaintiff United States of America has moved this Court, 26 pursuant to Local Rule A-540, for entry of default judgment of 27 forfeiture against potential claimants Carl W. Coleman, Sr. and 28 Joelle Coleman. 1 Dockets.Justia.com 1 3. Plaintiff has shown that a complaint for forfeiture was 2 filed; that potential claimants Carl W. Coleman, Sr. and Joelle 3 Coleman received notice of the forfeiture action; that any and 4 all other unknown potential claimants have been served by 5 publication; and that grounds exist for entry of a final judgment 6 of forfeiture. 7 Therefore, IT IS HEREBY RECOMMENDED as follows: 8 4. 9 10 11 12 That Carl W. Coleman, Sr. and Joelle Coleman 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, 13 title or interest of potential claimants Carl W. Coleman, Sr. and 14 Joelle Coleman in the defendant currency; 15 7. That a final judgment be entered, forfeiting all right, 16 title and interest in the defendant currency to the United States 17 of America, to be disposed of according to law. 18 8. That the Default Judgment and Final Judgment of 19 Forfeiture lodged herein be signed by the Honorable Morrison C. 20 England, Jr. and filed by the Clerk of the Court. 21 These findings and recommendations are submitted to the 22 United States District Judge assigned to the case, pursuant to 23 the provisions of 28 U.S.C. § 636(b)(l). 24 after being served with these findings and recommendations, any 25 party may file written objections with the court and serve a copy 26 on all parties. 27 "Objections to Magistrate Judge's Findings and Recommendations." 28 Any response to the objections shall be filed and served within Within fourteen days Such a document should be captioned fourteen days after service of the objections. 2 The parties are 1 advised that failure to file objections within the specified time 2 may waive the right to appeal the District Court's order. 3 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: December 10, 2009. 5 6 7 8 /46225.def 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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