USA v. 2007 Volkswagen Convertible Beetle, No. 2:2010cv02325 - Document 13 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 11/22/10 Recommending that Asmara Malika Barnes and Maurice Dewayne Wilkes be held in default. Plaintiff's MOTION for DEFAULT JUDGMENT and final judgment of forfeitur e 12 be granted. That a judgment by default be entered against any right, title, or interest of potential claimants Asmara Malika Barnes and Maurice Dewayne Wilkes in the defendant vehicle; That a final judgment be entered, forfeiting all right, t itle, and interest in the defendant vehicle 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 district judge assigned to this action and filed by the Clerk of the Court. (Mena-Sanchez, L)
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USA v. 2007 Volkswagen Convertible Beetle 1 2 3 4 5 Doc. 13 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, ) 2:10-CV-02325-FCD-KJM ) Plaintiff, ) FINDINGS AND RECOMMENDATIONS ) v. ) ) 2007 VOLKSWAGEN CONVERTIBLE ) BEETLE, VIN:3VWRG31Y37M406108, ) LICENSE NUMBER 5ZWJ419, ) ) Defendant. ) _________________________________) 17 18 This matter came before the Honorable Judge Kimberly J. 19 Mueller on plaintiff United States’ ex parte motion for default 20 judgment. 21 person or entity claiming an interest in the defendant vehicle to 22 oppose plaintiff’s motion. 23 files and records of the court, THE COURT FINDS as follows: 24 1. There was no appearance by or on behalf of any other Based on plaintiff’s motion and the This action arose out of a Verified Complaint for 25 Forfeiture In Rem filed August 30, 2010. 26 ///// 27 ///// 28 ///// 1 Dockets.Justia.com 1 2. Plaintiff United States of America has moved this Court, 2 pursuant to Local Rule 540, for entry of default judgment of 3 forfeiture against potential claimants Asmara Malika Barnes and 4 Maurice Dewayne Wilkes. 5 3. Plaintiff has shown that a complaint for forfeiture was 6 filed; that potential claimants Asmara Malika Barnes and Maurice 7 Dewayne Wilkes received notice of the forfeiture action; that any 8 and all other unknown potential claimants have been served by 9 publication; and that grounds exist for entry of a final judgment 10 of forfeiture. 11 Therefore, IT IS RECOMMENDED as follows: 12 4. 13 14 15 16 That Asmara Malika Barnes and Maurice Dewayne Wilkes 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, 17 title, or interest of potential claimants Asmara Malika Barnes 18 and Maurice Dewayne Wilkes in the defendant vehicle; 19 7. That a final judgment be entered, forfeiting all right, 20 title, and interest in the defendant vehicle to the United States 21 of America, to be disposed of according to law. 22 8. That the Default Judgment and Final Judgment of 23 Forfeiture lodged herein be signed by the district judge assigned 24 to this action and filed by the Clerk of the Court. 25 Dated: November 22, 2010. 26 27 28 2 Findings and Recommendations