United States of America v. Approximately $14,985.00 in U.S. Currency

Filing 30

DEFAULT JUDGMENT AND FINAL JUDGMENT OF FORFEITURE/ORDER, signed by District Judge Lawrence J. O'Neill on 7/28/2011. (Martin-Gill, S)

4

BENJAMIN B. WAGNER
United States Attorney
HEATHER MARDEL JONES
Assistant U.S. Attorney
2500 Tulare Street, Suite 4401
Telephone: [phone]
Facsimile: [phone]

5

Attorneys for the United States

1
2
3

6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16

UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
)
)
APPROXIMATELY $14,985.00 IN
)
U.S. CURRENCY,
)
)
Defendant.
)
____________________________________)

1:09-CV-00470-LJO-SMS
DEFAULT JUDGMENT AND FINAL
JUDGMENT OF FORFEITURE

17

This matter is before the Court on plaintiff United States’ Ex Parte Motion

18

for Default Judgment and Final Judgment of Forfeiture filed May 11, 2011. The

19

Magistrate Judge has recommended that the United States’ motion for default

20

judgment be granted. The time for objecting to the Findings and Recommendations

21

Regarding Plaintiff’s Ex Parte Application for Default Judgment have passed and

22

no timely objections have been filed. An Order Adopting Findings and

23

Recommendations Recommending Entry of Default Judgment and Final Forfeiture

24

Judgment in Favor of Plaintiff was filed on July 27, 2011. Based on the Magistrate

25

Judge’s Findings and Recommendations Regarding Plaintiff’s Ex Parte Application

26

for Default Judgment, the Order Adopting Findings and Recommendations

27

Recommending Entry of Default Judgment and Final Forfeiture Judgment in Favor

28

of Plaintiff, and the files and records of the Court, it is

Default Judgment and Final Judgment of Forfeiture

1

1

ORDERED, ADJUDGED, AND DECREED:

2

1.

The Court adopts the Magistrate Judge’s July 5, 2011, Findings and

3

Recommendations Regarding Plaintiff’s Ex Parte Application for Default Judgment

4

in full.

5

2.

Marcos Fernandez and Maria Teresa Garcia are held in default.

6

3.

A judgment by default is hereby entered against any right, title, or

7

interest in the defendant approximately $14,985.00 in U.S. Currency of Marcos

8

Fernandez, Maria Teresa Garcia, and all other potential claimants who have not

9

filed claims in this action.
4.

10

A final judgment is hereby entered forfeiting all right, title, and

11

interest in the defendant approximately $14,985.00 in U.S. Currency, to be disposed

12

of according to law, including all right, title, and interest of Marcos Fernandez and

13

Maria Teresa Garcia.
5.

14

All parties shall bear their own costs and attorneys' fees.

15

IT IS SO ORDERED.

16

Dated:
66h44d

July 28, 2011

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

17
18
19
20
21
22
23
24
25
26
27
28

2

Default Judgment and Final Judgment of Forfeiture