United States v. Approximately $9,990.00 in U.S. Currency, No. 2:2018cv03003 - Document 15 (E.D. Cal. 2019)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 3/11/2019 RECOMMENDING that Karl Jones and Michael Garcia be held in default, that 14 Motion for Default Judgment be granted, that judgment by default be entered against a ny right, title, or interest of potential claimants Karl Jones and Michael Garcia in the defendant currency referenced, that a final judgment be entered, forfeiting all right, title, and interest in the defendant currency to the US, and that the Defa ult Judgment and Final Judgment of Forfeiture be signed by the Honorable John A. Mendez and filed by the Clerk of the Court. Referred to Judge John A. Mendez. Objections due within 14 days after these findings and recommendations are filed. (Huang, H)
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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 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 No. 2:18-cv-03003 JAM DB FINDINGS AND RECOMMENDATIONS v. APPROXIMATELY $9,990.00 IN U.S. CURRENCY, 15 Defendant. 16 17 This matter came before the Honorable Deborah Barnes on the United States’ ex parte motion 18 for default judgment. There was no appearance by or on behalf of any other person or entity claiming 19 an interest in the above-captioned defendant currency to oppose the United States’ motion. Based on 20 the United States’ motion and the files and records of the court, THE COURT FINDS as follows: 21 1. This action arose out of a Verified Complaint for Forfeiture In Rem filed November 19, 2. The United States has moved this Court, pursuant to Local Rule 540, for entry of default 22 2018. 23 24 judgment of forfeiture against potential claimants Karl Jones and Michael Garcia. 25 3. The United States has shown that a complaint for forfeiture was filed; that potential 26 claimants Karl Jones and Michael Garcia received notice of the forfeiture action; that any and all other 27 unknown potential claimants have been served by publication; and that grounds exist for entry of a final 28 judgment of forfeiture. 29 30 1 Findings and Recommendations 1 Therefore, IT IS RECOMMENDED as follows: 2 1. That Karl Jones and Michael Garcia be held in default; 3 2. That the United States’ motion for default judgment and final judgment of forfeiture be 4 granted; 3. 5 That judgment by default be entered against any right, title, or interest of potential 6 claimants Karl Jones and Michael Garcia in the defendant currency referenced in the above caption; 4. 7 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; 5. 9 That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by 10 the Honorable John A. Mendez and filed by the Clerk of the Court. These findings and recommendations will be submitted to the United States District Judge 11 12 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days 13 after these findings and recommendations are filed, any party may file written objections with the court. 14 A document containing objections should be titled “Objections to Magistrate Judge’s Findings and 15 Recommendations.” Any reply to the objections shall be served and filed within seven (14) days after 16 service of the objections. The parties are advised that failure to file objections within the specified time 17 may, under certain circumstances, waive the right to appeal the District Court’s order. See Martinez v. 18 Ylst, 951 F.2d 1153 (9th Cir. 1991). 19 Dated: March 11, 2019 20 21 22 23 24 25 DB:6 DB/orders/orders.civil/USv$9,990.3003.mdj.f&rs 26 27 28 29 30 2 Findings and Recommendations
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