United States of America v. 3,199.79 in United States Currency

Filing 14

ORDER granting 12 Motion for Default Judgment. Pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure, default judgment is entered in favor of the plaintiff United States of America and against defendant $ 3,199.79 in United States currency. Signed by Honorable Judge Myron H. Thompson on 1/28/2025. (c/s as directed) (LAB)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
)
)
$3,199.79 IN UNITED STATES )
CURRENCY,
)
)
Defendant.
)

CIVIL ACTION NO.
2:24cv544-MHT
(WO)

DEFAULT JUDGMENT AND DECREE OF FORFEITURE
Before the court is the government’s motion for
default

judgment

defendant

and

decree

of

This

amount

$ 3,199.79.

forfeiture
was

as

seized

to
from

Jimothy Deaundrey Ford in a traffic stop for violations
of

21

U.S.C.

§ 841(a)(1)

(drug

distribution).1

The

court has considered the motion and finds as follows.
On

August

complaint

26,

alleging

2024,
the

the

government

defendant

is

filed

subject

a
to

forfeiture in rem pursuant to 21 U.S.C. § 881(a)(6) and
18 U.S.C. § 981(a)(1)(C), which provide for the seizure
1. Ford has a federal case (3:24cr203, M.D. Ala.)
pending related to this drug-distribution charge.

and forfeiture of all moneys, negotiable instruments,
securities,

or

other

things

of

value

furnished,

or

intended to be furnished, by any person in exchange for
a controlled substance or listed chemical; all proceeds
traceable to such an exchange; all moneys, negotiable
instruments, and securities used or intended to be used
to

facilitate

property,

real

the

commission

or

personal,

of

which

the

offenses;

constitutes

or

any
is

derived from proceeds traceable to the offenses; and
any

property,

real

or

personal,

used

to

facilitate

violations of 21 U.S.C. § 841.
Pursuant to a warrant of arrest in rem issued on
August 28, 2024, the defendant was served on September
3, 2024.

See Process Receipt and Return (Doc. 4).

Pursuant to Supplemental Rule G(4)(b)(iii)(B), on
September 5, 2024, attorney Stephen Purdue2 was served
with copies of the notice of complaint for forfeiture
against personal property, of the verified complaint
2. The court has been orally informed that Purdue
was the attorney who filed an administrative claim with
the Drug Enforcement Administration on behalf of Ford,
leading to this civil action.
2

for forfeiture in rem, and of the warrant of arrest in
rem.

See

Process

Receipt

and

Return

(Service

on

Attorney) (Doc. 5).
Pursuant to Supplemental Rule G(4)(b)(iii)(C), on
September 10, 2024, potential claimant Ford was served
with copies of the notice of complaint for forfeiture
against personal property, the verified complaint for
forfeiture in rem, and the warrant of arrest in rem at
the

Mac

Sim

Facility.

Butler

Montgomery

County

Detention

See Process Receipt and Return (Service on

Potential Claimant) (Doc. 6).
Pursuant to Supplemental Rule G(4)(a), notice of
this civil forfeiture action against the defendant was
published

for

government

30

consecutive

internet

site

days

on

an

official

(www.forfeiture.gov),

as

evidenced by the declaration of publication filed with
this court on November 4, 2024.
On December 2, 2024, the clerk of court entered
default

against

Ford,

and

all

other

persons

and

entities having an interest in the defendant, pursuant
3

to Rule 55(a) of the Federal Rules of Civil Procedure,
for failure to timely defend as required by law.

See

Entry of Default (Doc. 11).
This
this

court

has

subject-matter

case,

for

a

district

jurisdiction

over

civil

cases

jurisdiction

court

has

brought

by

over

original
the

United

States, pursuant to 28 U.S.C. § 1345, and in forfeiture
actions, pursuant to 28 U.S.C. § 1355.

A forfeiture

action may be brought in a district where any of the
acts

or

omissions

occurred.

The

giving

United

rise

to

the

forfeiture

States

of

America

is

the

plaintiff in this civil forfeiture action and the acts
giving

rise

to

this

action

occurred

in

the

Middle

District of Alabama.
The government’s application and request to enter
default against Ford and all other persons and entities
having an interest in the defendant establishes that
the

requirements

for

proper

notice

Supplemental Rule G were fully satisfied.

4

set

forth

in

Pursuant to Supplemental Rule G(5)(a) and (b), any
claimant to the defendant was required to file a claim
no later than 35 days after the written notice was
sent, or 60 days after the first publication of notice
on the official government website.

The time period to

contest the forfeiture of the defendant has expired,
and

no

extensions

to

these

time

periods

have

requested, consented to, or granted by this court.

been
No

person or entity has filed either a claim or an answer
to the verified complaint for forfeiture in rem as to
the defendant.
The factual allegations set forth in the verified
complaint for forfeiture in rem show that the defendant
is

subject

to

forfeiture

pursuant

to

21

U.S.C.

§ 881(a)(6) and 18 U.S.C. § 981(a)(1)(C), which provide
for

the

seizure

and

forfeiture

of

all

moneys,

negotiable instruments, securities, or other things of
value furnished, or intended to be furnished, by any
person in exchange for a controlled substance or listed
chemical; all proceeds traceable to such an exchange;
5

all moneys, negotiable instruments, and securities used
or intended to be used to facilitate the commission of
the

offenses;

any

property,

real

or

personal,

which

constitutes or is derived from proceeds traceable to
the offenses; and any property, real or personal, used
to facilitate violations of 21 U.S.C. § 841(a)(1).
The
verified

factual
by

a

allegations
Drug

of

Enforcement

the

complaint

are

Administration

Task

Force Officer, and they are undisputed.
(Doc.

1)

at

6.

Consequently,

See Complaint

hearings

are

not

necessary to enter or effectuate the default judgment.
See Fed. R. Civ. P. 55(b)(2).
The government has shown that (a) the parties that
have an interest in the defendant are in default; (b)
default judgment is procedurally warranted; and (c) it
has sufficiently pled its factual basis for entry of
default judgment.
***

6

Accordingly, based on the foregoing, the evidence
in the record, and for good cause shown, it is ORDERED
and

ADJUDGED as follows:
(1) The government’s motion for default judgment

and decree of forfeiture (Doc. 12) is granted.
(2) Pursuant to Rule 55(b)(2) of the Federal Rules
of

Civil

Procedure,

default

judgment

is

entered

in

favor of the plaintiff United States of America and
against defendant $ 3,199.79 in United States currency.
(3) All right, title, and interest in the defendant
currency is forfeited to and vested in the plaintiff
United States of America, which shall have clear title
to

this

property,

subsequent

may

transferee,

warrant
and

good

shall

title

to

any

dispose

of

the

property in accordance with the law.
(4) The United States District Court shall retain
jurisdiction in this case for the purpose of enforcing
this order.

7

(5)

The

certified

clerk

copy

of

of
this

the

court

order

to

shall
the

forward

United

a

States

Attorney’s Office.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

docket

pursuant

to

Rule

58

the

of

as

a

final

judgment

Federal

Rules

of

Civil

Procedure.
This case is closed.
DONE, this the 28th day of January, 2025.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

8