United States of America v. Approximately $104,700.00 in U.S. Currency et al, No. 2:2018cv01857 - Document 16 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/5/2018 RECOMMENDING that Tierra Lynn Heng-Alforque and Sophia Alforque be held in default; That the United States motion for default judgment and final judgment of forfeit ure be granted; That judgment by default be entered against any right, title, or interest of potential claimants Tierra Lynn Heng-Alforque and Sophia Alforque in the defendant currency referenced; That a final judgment be entered, forfeiting all rig ht, title, and interest in the defendant currency to the United States, to be disposed of according to law; That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by the Honorable Kimberly J. Mueller and filed by the Clerk of the Court. Referred to Judge Kimberly J. Mueller. Objections to F&R due by 10/9/2018 (Cannarozzi, N)

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United States of America v. Approximately $104,700.00 in U.S. Currency et al 4 McGREGOR W. SCOTT 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 Doc. 16 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 2:18−CV−01857−KJM−EFB Plaintiff, FINDINGS AND RECOMMENDATIONS v. APPROXIMATELY $104,700.00 IN U.S. CURRENCY, and 15 16 APPROXIMATELY $94,020.00 IN U.S. CURRENCY, 17 Defendants. 18 19 This matter came before the Honorable Edmund F. Brennan on the United States’ ex parte 20 motion for default judgment. There was no appearance by or on behalf of any other person or entity 21 claiming an interest in the above-captioned defendant currency to oppose the United States’ motion. 22 Based on the United States’ motion and the files and records of the court, THE COURT FINDS as 23 follows: 24 1. This action arose out of a Verified Complaint for Forfeiture In Rem filed June 29, 2018. 25 2. The United States has moved this Court, pursuant to Local Rule 540, for entry of default 26 judgment of forfeiture against potential claimants Tierra Lynn Heng-Alforque and Sophia Alforque. 27 3. The United States has shown that a complaint for forfeiture was filed; that potential 28 claimants Tierra Lynn Heng-Alforque and Sophia Alforque received notice of the forfeiture action; that 1 Findings and Recommendations Dockets.Justia.com 1 any and all other unknown potential claimants have been served by publication; and that grounds exist 2 for entry of a final judgment of forfeiture. 3 Therefore, IT IS RECOMMENDED as follows: 4 1. That Tierra Lynn Heng-Alforque and Sophia Alforque be held in default; 5 2. That the United States’ motion for default judgment and final judgment of forfeiture be 6 granted; 7 3. That judgment by default be entered against any right, title, or interest of potential 8 claimants Tierra Lynn Heng-Alforque and Sophia Alforque in the defendant currency referenced in the 9 above caption; 10 4. That a final judgment be entered, forfeiting all right, title, and interest in the defendant 11 currency to the United States, to be disposed of according to law; 12 5. That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by 13 the Honorable Kimberly J. Mueller and filed by the Clerk of the Court. 14 Dated: September 5, 2018. 15 16 EDMUND F. BRENNAN United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 2 Findings and Recommendations

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