USA v. Approx. $67,090.00 in U.S. Currency, No. 2:2020cv00931 - Document 12 (E.D. Cal. 2020)

Court Description: ORDER signed by District Judge Troy L. Nunley on 12/7/2020 ADOPTING 11 Findings and Recommendations in full; GRANTING 10 Motion for Default Judgment; ENTERING a Judgment by Default against any right, title, or interest of all potential claiman ts, including Branden Marquell Dinkins, in the defendant currency; and ENTERING a Final Judgment of Forfeiture 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. All parties shall bear their own costs and attorney's fees. CASE CLOSED. (Coll, A)

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USA v. Approx. $67,090.00 in U.S. Currency Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 2:20-cv-00931-TLN-AC Plaintiff, ORDER 13 14 v. APPROXIMATELY $67,090.00 IN U.S. CURRENCY, 15 Defendant. 16 17 The United States of America (“Government”) filed the above-entitled forfeiture in rem action, 18 seeking entry of default judgment against potential claimants and the entry of final judgment to forfeit 19 to the Government “Approximately $67,090.00 in U.S. Currency” (“defendant currency”) under 21 20 U.S.C. § 881(a)(6). The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 21 § 636(b)(1)(B) and Local Rule 302. 22 Currently before the Court is the Government’s ex parte Motion for Default Judgment pursuant 23 to Federal Rule of Civil Procedure 55(b)(2). (ECF No. 10.) 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 25 the Government’s motion. 26 On November 18, 2020, the magistrate judge filed findings and recommendations. (ECF No. 27 11.) Pursuant to 28 U.S.C. § 636(b)(1), any objections to the findings and recommendations were to be 28 filed within fourteen days. No objections to the findings and recommendations have been filed. 1 29 Dockets.Justia.com 1 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. United 2 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de 3 novo. See Britt v. Simi Valley Unified School District, 708 F.2d 452, 454 (9th Cir. 1983); see also 28 4 U.S.C. § 636(b)(1). 5 Having reviewed the file under the applicable legal standards, the Court finds the findings and 6 recommendations to be supported by the record and by the magistrate judge’s analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The Findings and Recommendations filed on November 18, 2020 (ECF No. 11), are adopted 9 in full; 10 2. The Government’s Motion for Default Judgment (ECF No. 10) is GRANTED; 11 3. A Judgment by Default is hereby entered against any right, title, or interest of all potential 12 claimants, including Branden Marquell Dinkins, in the defendant currency referenced in the above 13 caption; 14 4. A Final Judgment of Forfeiture is hereby entered pursuant to 21 U.S.C. § 881(a)(6), 15 forfeiting all right, title, and interest in the defendant currency to the Government, to be disposed of 16 according to law; and 17 5. All parties shall bear their own costs and attorney’s fees. 18 IT IS SO ORDERED. 19 DATED: December 7, 2020 20 21 22 Troy L. Nunley United States District Judge 23 24 25 26 27 28 29 2

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