United States of America v. Approximately $8,024.00 In U.S. Currency et al

Filing 29

DEFAULT JUDGMENT and Final Judgment of Forfeiture, signed by Judge Oliver W. Wanger on 8/13/09. (Hellings, J)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

LAWRENCE G. BROWN United States Attorney DEANNA L. MARTINEZ Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $8,024.00 IN U.S. ) CURRENCY, ) ) APPROXIMATELY $2,500.00 IN U.S. ) CURRENCY, and ) ) APPROXIMATELY $3,171.00 IN U.S. ) CURRENCY, ) ) Defendants. ) __________________________________ )

1:08-CV-01476-OWW-SMS DEFAULT JUDGMENT AND FINAL JUDGMENT OF FORFEITURE

This matter is before the Court on plaintiff United States' Ex Parte Motion for Default Judgment filed March 3, 2009. The Magistrate Judge has recommended that the United States' motion for default judgment be granted. The time for objecting to the Findings and Recommendations of the Magistrate Judge has passed and no timely objections have been filed. An Order Re: Findings and Recommendations Re: Plaintiff's Motion For Default was filed on August 3, 2009. Based on the Magistrate Judge's Findings and Recommendations Re: Plaintiff's Motion for Default, the Order Re: Findings and Recommendations, and the files and records of the Court, it is /// 1
D E F A U L T JU D G M E N T AN D FIN A L JU D G M E N T O F FO R F E I T U R E

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ORDERED, ADJUDGED; AND DECREED: 1. The Court adopts the Magistrate Judge's June 29, 2009, Findings and Recommendations in full. 2. Ida Vargas and Jose Luis Gonzalez are held in default. 3. A judgment by default is hereby entered against any right, title, or interest in the defendants approximately $8,024.00, $2,500.00, and $3,171.00 in U.S. Currency (hereafter collectively "defendant currency"), of Ida Vargas, Jose Luis Gonzalez, and all other potential claimants who have not filed claims in this action. 4. A final judgment is hereby entered forfeiting all right, title, and interest in the defendant currency to the United States of America, to be disposed of according to law, including all right, title, and interest of Ida Vargas and Jose Luis Gonzalez. 5. All parties shall bear their own costs and attorneys' fees.

IT IS SO ORDERED. Dated: August 13, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

2

D E F A U L T JU D G M E N T AN D FIN A L JU D G M E N T O F FO R F E I T U R E