United States of America v. Approximately $122,500.00 in U.S. Currency, No. 2:2016cv02066 - Document 17 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/1/2016 RECOMMENDING David Guzman and Kareem Whitely be held in default; the United States' 16 motion for default judgment and final judgment of forfeiture be gr anted; judgment by default be entered against any right, title, or interest of potential claimants David Guzman and Kareem Whitely in the defendant currency referenced in the above caption; final judgment be entered, forfeiting all right, title, and interest in the defendant currency to the United States, to be disposed of according to law. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)

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4 PHILLIP A. TALBERT United States Attorney KEVIN C. KHASIGIAN Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 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 Plaintiff, 13 14 2:16-CV-02066-TLN-CKD FINDINGS AND RECOMMENDATIONS v. APPROXIMATELY $122,500.00 IN U.S. CURRENCY, 15 Defendant. 16 17 This matter came before the Honorable Judge Carolyn K. Delaney 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 August 29, 2. The United States has moved this Court, pursuant to Local Rule 540, for entry of default 23 2016. 24 25 judgment of forfeiture against potential claimants David Guzman and Kareem Whitely. 26 3. The United States has shown that a complaint for forfeiture was filed; that potential 27 claimants David Guzman and Kareem Whitely received notice of the forfeiture action; that any and all 28 other unknown potential claimants have been served by publication; and that grounds exist for entry of 1 Findings and Recommendations 29 30 1 a final judgment of forfeiture. 2 Therefore, IT IS RECOMMENDED as follows: 3 1. That David Guzman and Kareem Whitely be held in default; 4 2. That the United States’ motion for default judgment and final judgment of forfeiture be 5 granted; 6 3. That judgment by default be entered against any right, title, or interest of potential 7 claimants David Guzman and Kareem Whitely in the defendant currency referenced in the above 8 caption; 9 4. That a final judgment be entered, forfeiting all right, title, and interest in the defendant 10 currency to the United States, to be disposed of according to law; 11 These findings and recommendations are submitted to the United States District Judge assigned 12 to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served 13 with these findings and recommendations, any party may file written objections with the court and 14 serve a copy on all parties. Such a document should be captioned “Objections to Magistrate Judge’s 15 Findings and Recommendations.” Any reply to the objections shall be served and filed within seven 16 days after service of the objections. The parties are advised that failure to file objections within the 17 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 18 1153 (9th Cir. 1991). 19 20 Dated: December 1, 2016 21 22 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 29 30 2 Findings and Recommendations

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