United States of America v. Approximately $45,734.15 in U.S. Currency Seized from Bank of Stockton et al

Filing 16

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 12/2/09 RECOMMENDING that Mumraiz Khan, Irshan Khan and Ahmad Khan be held in default; that plaintiff's motion 15 be granted; that a judgment by default be entered a gainst any right, title or interest of potential claimants Mumraiz Khan, Irshan Khan and Ahmad Khan in the defendant funds and the defendant vehicle; that a final judgment be entered, forfeiting all right, title and interest in the defendant funds and the defendant vehicle to the United States of America, to be disposed of according to law; Motion Referred to Judge Morrison C. England, Jr; Objections to F&R due by 1/5/2010. (Becknal, R)

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LAWRENCE G. BROWN United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: [phone] Attorneys for Plaintiff United States of America

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

UNITED STATES OF AMERICA, Plaintiff, v. APPROXIMATELY $45,734.15 IN U.S. CURRENCY SEIZED FROM BANK OF STOCKTON ACCOUNT NUMBER 2134574001, HELD IN THE NAME OF AHMAD KHAN dba SMOKE SHOP & SNACKS, and 2002 CADILLAC ESCALADE EXT, VIN: 3GYEK63N12G221478, CALIFORNIA LICENSE NUMBER: 8L68104, Defendants.

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2:09-cv-02114-MCE-GGH FINDINGS AND RECOMMENDATIONS

This matter came before the Honorable Judge Gregory G. Hollows on plaintiff United States' ex parte motion for default judgment. There was no appearance by or on behalf of any other

person or entity claiming an interest in the defendant funds and defendant vehicle to oppose plaintiff's motion. Based on

plaintiff's motion and the files and records of the court, THE COURT FINDS as follows:

Findings and Recommendations [Proposed]

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1.

This action arose out of a Verified Complaint for

Forfeiture In Rem filed July 30, 2009. 2. Plaintiff United States of America has moved this Court,

pursuant to Local Rule A-540, for entry of default judgment of forfeiture against potential claimants Mumraiz Khan, Irshan Khan and Ahmad Khan. 3. Plaintiff has shown that a complaint for forfeiture was

filed; that potential claimants Mumraiz Khan, Irshan Khan and Ahmad Khan received notice of the forfeiture action; that any and all other unknown potential claimants have been served by publication; and that grounds exist for entry of a final judgment of forfeiture.1 Therefore, IT IS RECOMMENDED as follows: 4. default; 5. That plaintiff's motion for default judgment and final That Mumraiz Khan, Irshan Khan and Ahmad Khan be held in

judgment of forfeiture be granted; 6. That a judgment by default be entered against any right,

title or interest of potential claimants Mumraiz Khan, Irshan Khan and Ahmad Khan in the defendant funds and the defendant vehicle; 7. That a final judgment be entered, forfeiting all right,

title and interest in the defendant funds and the defendant

In reviewing the file, the undersigned observed that certificates of personal service had been docketed only for Ahmad and Irshan Khan. However, Exhibit B to the government's request for entry of default demonstrates personal service on Mumraiz Khan as well. Entry of default was entered on October 6, 2009. Although Ahmad Khan filed a substitution of counsel in this case, no appearance has been made on the merits for any of the potential claimants.
Findings and Recommendations [Proposed]

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vehicle to the United States of America, to be disposed of according to law. 8. That the Default Judgment and Final Judgment of

Forfeiture lodged herein be signed by the Honorable Morrison C. England, Jr. and filed by the Clerk of the Court. Dated: December 2, 2009 /s/ Gregory G. Hollows GREGORY G. HOLLOWS United States Magistrate Judge $45,734.15.fr

Findings and Recommendations [Proposed]

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