United States of America v. Approximately $37,009.00 in U.S. Currency, No. 2:2016cv00930 - Document 13 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/4/16 recommending that Demarion Cleveland be held in default and 12 Motion for Default Judgment be granted. (Kaminski, H)

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United States of America v. Approximately $37,009.00 in U.S. Currency 4 PHILLIP A. TALBERT Acting 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. 13 Attorneys for the United States 1 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 2:16-CV-00930-GEB-EFB Plaintiff, FINDINGS AND RECOMMENDATIONS v. APPROXIMATELY $37,009.00 IN U.S. CURRENCY, 15 Defendant. 16 17 This matter came before the Honorable Judge Edmund F. Brennan on the United States’ ex 18 parte motion for default judgment. There was no appearance by or on behalf of any other person or 19 entity claiming an interest in the above-captioned defendant currency to oppose the United States’ 20 motion. Based on the United States’ motion and the files and records of the court, THE COURT 21 FINDS as follows: 22 1. This action arose out of a Verified Complaint for Forfeiture In Rem filed May 2, 2016. 23 2. The United States has moved this Court, pursuant to Local Rule 540, for entry of default 24 judgment of forfeiture against potential claimant Demarion Cleveland. 25 3. The United States has shown that a complaint for forfeiture was filed; that potential 26 claimant Demarion Cleveland received notice of the forfeiture action; that any and all other unknown 27 potential claimants have been served by publication; and that grounds exist for entry of a final 28 judgment of forfeiture. 1 Findings and Recommendations Dockets.Justia.com 1 Therefore, IT IS RECOMMENDED as follows: 2 1. That Demarion Cleveland be held in default; 3 2. That the United States’ motion for default judgment and final judgment of forfeiture be 4 granted; 5 3. That judgment by default be entered against any right, title, or interest of potential 6 claimant Demarion Cleveland in the defendant currency referenced in the above caption; 7 4. That a final judgment be entered, forfeiting all right, title, and interest in the defendant 8 currency to the United States, to be disposed of according to law; 9 5. That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by 10 the Honorable Garland E. Burrell, Jr. and filed by the Clerk of the Court. 11 Dated: August 4, 2016. 12 EDMUND F. BRENNAN United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Findings and Recommendations

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