United States v. Approximately $6,000.00 in U.S. Currency

Filing 25

DEFAULT JUDGMENT and FINAL Judgment of Forfeiture, signed by Chief Judge Anthony W. Ishii on 4/30/10: Luis Cortez and Mariluz Espinoza are held in default. (Hellings, J)

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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 BENJAMIN B. WAGNER United States Attorney DEANNA L. MARTINEZ Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) 1:09-CV-01755-AWI-GSA ) Plaintiff, ) DEFAULT JUDGMENT AND FINAL ) JUDGMENT OF FORFEITURE v. ) ) APPROXIMATELY $6,000.00 IN U.S. ) CURRENCY, ) ) Defendant. ) _____________________________________) This matter is before the Court on plaintiff United States' Ex Parte Motion for Default Judgment and Final Judgment of Forfeiture filed February 8, 2010. The Magistrate Judge has recommended that the United States' motion for default judgment be granted. The time for objecting to the Findings and Recommendations Regarding Plaintiff's Ex Parte Application for Default Judgment have passed and no timely objections have been filed. An Order Adopting Findings and Recommendations was filed on April 16, 2010. Based on the Magistrate Judge's Findings and Recommendations Regarding Plaintiff's Ex Parte Application for Default Judgment, and the files and records of the Court, it is ORDERED, ADJUDGED, AND DECREED: 1. The Court adopts the Magistrate Judge's February 22, 2010 Findings and Recommendations Regarding Plaintiff's Ex Parte Application for Default Judgment in full. 2. Luis Cortez and Mariluz Espinoza are held in default. DEFAULT JUDGMENT AND FINAL JUDGMENT OF FORFEITURE 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 3. A judgment by default is hereby entered against any right, title, or interest in the defendant approximately $6,000.00 in U.S. Currency of Luis Cortez, Mariluz Espinoza, 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 approximately $6,000.00 in U.S. Currency to the United States of America, to be disposed of according to law, including all right, title, and interest of Luis Cortez and Mariluz Espinoza. 5. All parties shall bear their own costs and attorneys' fees. ORDER IT IS SO ORDERED. Dated: 0m8i78 April 30, 2010 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE DEFAULT JUDGMENT AND FINAL JUDGMENT OF FORFEITURE 2

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