-KJN United States of America v. Approximately $18,040.00 in U.S. Currency et al, No. 2:2011cv01964 - Document 14 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/4/11: Recommending that 13 MOTION for DEFAULT JUDGMENT be granted. F&R referred to Judge Judge Garland E. Burrell, Jr.. (Kaminski, H)

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-KJN United States of America v. Approximately $18,040.00 in U.S. Currency et al 1 4 BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2700 5 Doc. 14 Attorneys for the United States 2 3 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 Plaintiff, v. APPROXIMATELY $18,040.00 IN U.S. CURRENCY, and 15 16 APPROXIMATELY $9,410.00 IN U.S. CURRENCY, 17 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:11-CV-01964-GEB-KJN FINDINGS AND RECOMMENDATIONS (PROPOSED) 18 19 This matter came before the Honorable Judge Kendall J. 20 Newman on the United States’ ex parte motion for default 21 judgment. 22 other person or entity claiming an interest in the above- 23 captioned defendant currency to oppose the United States’ motion. 24 Based on the United States’ motion and the court’s record, THE 25 COURT FINDS as follows: 26 1. 27 28 There has been no appearance by or on behalf of any This action arose out of a Verified Complaint for Forfeiture In Rem filed July 26, 2011 (Dkt. No. 1). 2. The United States has moved this Court, pursuant to Local Rule 540(d), for entry of default judgment of forfeiture 1 Findings and Recommendations Dockets.Justia.com 1 against potential claimants Kenny J. Heim and Patrick Harding. 2 3. The United States has shown that a complaint for 3 forfeiture was filed; that potential claimants Kenny J. Heim and 4 Patrick Harding received notice of the forfeiture action; that 5 any and all other unknown potential claimants have been served by 6 publication; and that grounds exist for entry of a final judgment 7 of forfeiture. 8 Accordingly, IT IS HEREBY RECOMMENDED that: 9 1. 10 Plaintiff’s ex parte motion for default judgment (Dkt. No. 13) be granted. 11 2. A judgment by default be entered against any right, 12 title, or interest of potential claimants Kenny J. Heim and 13 Patrick Harding in the defendant currency referenced above in the 14 caption. 15 3. A final judgment be entered, forfeiting all right, 16 title, and interest in the defendant currency to the United 17 States, to be disposed of according to law. 18 4. The Default Judgment and Final Judgment of 19 Forfeiture lodged herein be signed by the Honorable Garland E. 20 Burrell, Jr. and filed by the Clerk of the Court. 21 DATED: October 4, 2011 22 23 24 ___________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2 Findings and Recommendations

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