United States of America v. 2005 Harley Davidson Road King Motorcycle, No. 2:2009cv03534 - Document 12 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/4/10 RECOMMENDING that pltf's motion to default judgment and final judgment of forfeiture 11 be granted; a judgment by default be entered against any right, title o r interest of potential claimants Justina Denise Mays, Terrill Lamar Robinson and Jacqueline Wilburn in the dft motorcycle; a final judgment be be entered; and that the Default Judgment and Final Judgment of Forfeiture lodged be signed by Judge William B. Shubb and filed by the Clerk of the Court. REFERRED to Judge William B. Shubb. (Carlos, K) Modified on 5/5/2010 (Carlos, K).

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United States of America v. 2005 Harley Davidson Road King Motorcycle 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 UNITED STATES OF AMERICA, ) 2:09-CV-03534-WBS-EFB ) Plaintiff, ) FINDINGS AND RECOMMENDATIONS ) v. ) ) 2005 HARLEY DAVIDSON ROAD KING ) MOTORCYCLE, VIN: 1HD1JDB345Y082418,) LICENSE NUMBER: 4TENNY, ) ) Defendant. ) ) 17 18 This matter came before the Honorable Judge Edmund F. 19 Brennan on plaintiff United States’ ex parte motion for default 20 judgment. 21 person or entity claiming an interest in the defendant motorcycle 22 to oppose plaintiff’s motion. 23 the files and records of the court, THE COURT FINDS as follows: 24 25 26 1. There was no appearance by or on behalf of any other Based on plaintiff’s motion and This action arose out of a Verified Complaint for Forfeiture In Rem filed December 21, 2009. 2. Plaintiff United States of America has moved this Court, 27 pursuant to Local Rule 540, for entry of default judgment of 28 forfeiture against potential claimants Justina Denise Mays, 1 Findings and Recommendations Dockets.Justia.com 1 2 Terrill Lamar Robinson and Jacqueline Wilburn. 3. The Clerk entered default against potential claimants 3 Justina Denise Mays, Terrill Lamar Robinson and Jacqueline 4 Wilburn on March 23, 2010. 5 4. Plaintiff has shown that a complaint for forfeiture was 6 filed; that potential claimants Justina Denise Mays, Terrill 7 Lamar Robinson and Jacqueline Wilburn received notice of the 8 forfeiture action; that any and all other unknown potential 9 claimants have been served by publication; and that grounds exist 10 for entry of a final judgment of forfeiture. 11 Therefore, IT IS RECOMMENDED as follows: 12 1. 13 14 That plaintiff's motion for default judgment and final judgment of forfeiture be granted. 2. That a judgment by default be entered against any right, 15 title or interest of potential claimants Justina Denise Mays, 16 Terrill Lamar Robinson and Jacqueline Wilburn in the defendant 17 motorcycle. 18 3. That a final judgment be entered, forfeiting all right, 19 title and interest in the defendant motorcycle to the United 20 States of America, to be disposed of according to law. 21 4. That the Default Judgment and Final Judgment of 22 Forfeiture lodged herein be signed by the Honorable William B. 23 Shubb and filed by the Clerk of the Court. 24 Dated: May 4, 2010. 25 26 EDMUND F. BRENNAN United States Magistrate Judge 27 28 2 Findings and Recommendations

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