United States of America v. Approximately $56,690.00 in U.S. Currency, No. 2:2010cv00160 - Document 14 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 6/17/10 Recommending that Tyson Gonisfitzpatrick and Mike Fitzpatrick be held in default. That Plaintiff's MOTION for DEFAULT JUDGMENT and Final Judgment of forfeitur e 13 be GRANTED. That Judgment by default be entered against any right, title or interest of potential claimants Tyson Gonisfitzpatrick and Mike Fitzpatrick in the defendant currency. That a Final judgment be entered, forfeiting all right title and interest in the defendant 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. (Mena-Sanchez, L)

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United States of America v. Approximately $56,690.00 in U.S. Currency Doc. 14 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 UNITED STATES OF AMERICA, ) 2:10-CV-00160-MCE-KJM ) Plaintiff, ) FINDINGS AND RECOMMENDATIONS ) v. ) ) APPROXIMATELY $56,690.00 IN ) U.S. CURRENCY, ) ) Defendant. ) ) ________________________________) 16 17 This matter came before the Honorable Judge Kimberly J. 18 Mueller on plaintiff United States’ ex parte motion for default 19 judgment. 20 person or entity claiming an interest in the defendant currency 21 to oppose plaintiff’s motion. 22 the files and records of the court, THE COURT FINDS as follows: 23 24 25 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 January 21, 2010. 2. Plaintiff United States of America has moved this Court, 26 pursuant to Local Rule 540, for entry of default judgment of 27 forfeiture against potential claimants Tyson Gonisfitzpatrick and 28 Mike Fitzpatrick. 1 Findings and Recommendations Dockets.Justia.com 1 3. Plaintiff has shown that a complaint for forfeiture was 2 filed; that potential claimants Tyson Gonisfitzpatrick and Mike 3 Fitzpatrick1 received notice of the forfeiture action; that any 4 and 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 RECOMMENDED as follows: 8 4. 9 10 11 12 That Tyson Gonisfitzpatrick and Mike Fitzpatrick 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 Tyson Gonisfitzpatrick 14 and Mike Fitzpatrick 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 Dated: June 17, 2010. 22 23 24 25 26 27 28 1 A claim was filed by Michael Fitzpatrick but that claim was voluntarily dismissed on March 16, 2010. (Docket no. 9.) 2 Findings and Recommendations

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