United States of America v. Approximately $7,500.00 in U.S. Currency, No. 2:2019cv00738 - Document 14 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge Troy L. Nunley on 12/2/2019 ADOPTING the 13 Findings and Recommendations in full; GRANTING the Government's 12 Motion for Default Judgment; Judgment by default is hereby entered against any right, title, or interest of all potential claimants, including Kurtis Miller, Jr. and Kurtis Miller, Sr., in the defendant currency referenced in the above caption; A Final Judgment of Forfeiture is hereby entered pursuant to 21 U.S.C. § 881(a)(6), forfeiting all right, title, and interest in the defendant currency to the Government to be disposed of according to law. CASE CLOSED.

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United States of America v. Approximately $7,500.00 in U.S. Currency 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. 14 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 2:19-cv-00738-TLN-CKD Plaintiff, ORDER 13 14 v. APPROXIMATELY $7,500.00 IN U.S. CURRENCY, 15 Defendant. 16 The United States of America (“Government”) filed the above-entitled forfeiture in rem action, 17 18 seeking entry of a default judgement against potential claimants and the entry of a final judgment to 19 forfeit to the Government “Approximately $7,500.00 in U.S. Currency” (“defendant currency”) under 20 21 U.S.C. § 881(a)(6). The matter was referred to a United States Magistrate Judge pursuant to Local 21 Rule 302(c)(19) and 28 U.S.C. § 636(b)(1). Currently before the Court is the Government’s ex parte Motion for Default Judgment pursuant 22 23 to Federal Rule of Civil Procedure 55(b)(2). (ECF No. 12.) There was no appearance by or on behalf 24 of any other person or entity claiming an interest in the above-captioned defendant currency to oppose 1 25 the Government’s motion. 26 1 The Court notes the Government properly served notice on potential claimants Kurtis Miller, Jr., and Kurtis Miller, 27 Sr. and provided notice of the action to any other potential claimants via publication, in compliance with Supplemental Rule G(4)(b) (formerly known as the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions). On 28 September 4, 2019, the Clerk entered default as to Kurtis Miller, Jr., and Kurtis Miller, Sr. (ECF No. 11.) 1 Dockets.Justia.com 1 On November 20, 2019, the magistrate judge filed findings and recommendations herein which 2 contained notice to the parties that any objections to the findings and recommendations were to be filed 3 within fourteen days. (ECF No. 13.) No objections to the Findings and Recommendations have been 4 filed. 5 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. United 6 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de 7 novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983); see also 28 8 U.S.C. § 636(b)(1). 9 Having reviewed the file under the applicable legal standards, the Court finds the Findings and 10 Recommendations to be supported by the record and by the magistrate judge’s analysis. 11 Accordingly, IT IS HEREBY ORDERED that: 12 1. The Findings and Recommendations, filed on November 20, 2019 (ECF No. 13), are adopted 13 in full; 14 2. The Government’s Motion for Default Judgment (ECF No. 12) is GRANTED; 15 3. A judgment by default is hereby entered against any right, title, or interest of all potential 16 claimants, including Kurtis Miller, Jr. and Kurtis Miller, Sr., in the defendant currency referenced in the 17 above caption; 18 4. A Final Judgment of Forfeiture is hereby entered pursuant to 21 U.S.C. § 881(a)(6), 19 forfeiting all right, title, and interest in the defendant currency to the Government to be disposed of 20 according to law; and 21 5. All parties shall bear their own costs and attorney’s fees. 22 IT IS SO ORDERED. 23 Dated: December 2, 2019 24 25 26 Troy L. Nunley United States District Judge 27 28 2

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