USA v. Stikes et al, No. 2:2013cv01567 - Document 33 (E.D. Cal. 2014)

Court Description: ORDER signed by Senior Judge William B. Shubb on 12/5/2014 ORDERING that the 32 Findings and Recommendations are ADOPTED. The United States' 28 motion for entry of default judgment against defendants California Franchise Tax Board; HSBC Fi nance Corp dba "HFC, Member HSBC Group" and "Beneficial, Member HSBC Group"; SureWest Communications fka Roseville Telephone Company; and WAHR Financial Group LLC (collectively, the "Defaulted Defendants") is GRANTED. The Clerk of Court shall enter default judgment in favor of the United States and against the Defaulted Defendants, terminating any claim that the Defaulted Defendants might have in the Real Property upon foreclosure of the United States tax liens, and ordering that the Defaulted Defendants are not entitled to any portion of the proceeds of a sale of the Real Property. (Zignago, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 No. 2:13-cv-1567-WBS-KJN ORDER v. 14 RICHARD A. STIKES, et al., 15 Defendants. 16 17 On November 12, 2014, the magistrate judge filed findings and recommendations (ECF 18 No. 32), which were served on the parties and which contained notice that any objections to the 19 findings and recommendations were to be filed within fourteen days. No objections were filed. Accordingly, the court presumes that any findings of fact are correct. See Orand v. 20 21 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 22 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 23 1983). 24 25 The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the findings and recommendations in full. 26 Accordingly, IT IS ORDERED that: 27 1. The findings and recommendations filed November 12, 2014 (ECF No. 32) are 28 ADOPTED; 1 1 2. The United States’ motion for entry of default judgment against defendants California 2 Franchise Tax Board; HSBC Finance Corp dba “HFC, Member HSBC Group” and 3 “Beneficial, Member HSBC Group”; SureWest Communications fka Roseville 4 Telephone Company; and WAHR Financial Group LLC (collectively, the “Defaulted 5 Defendants”) (ECF No. 28) is GRANTED; and 6 3. The Clerk of Court shall enter default judgment in favor of the United States and 7 against the Defaulted Defendants, terminating any claim that the Defaulted Defendants 8 might have in the Real Property upon foreclosure of the United States’ tax liens, and 9 ordering that the Defaulted Defendants are not entitled to any portion of the proceeds 10 11 of a sale of the Real Property. Dated: December 5, 2014 12 13 14 stik1567.jo 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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