United States of America v. 2005 Harley Davidson Road King Motorcycle

Filing 12

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/4/10 RECOMMENDING that pltf's motion to default judgment and final judgment of forfeiture 11 be granted; a judgment by default be entered against any right, title o r interest of potential claimants Justina Denise Mays, Terrill Lamar Robinson and Jacqueline Wilburn in the dft motorcycle; a final judgment be be entered; and that the Default Judgment and Final Judgment of Forfeiture lodged be signed by Judge William B. Shubb and filed by the Clerk of the Court. REFERRED to Judge William B. Shubb. (Carlos, K) Modified on 5/5/2010 (Carlos, K).

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BENJAMIN B. WAGNER 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,

) 2:09-CV-03534-WBS-EFB ) Plaintiff, ) FINDINGS AND RECOMMENDATIONS ) v. ) ) 2005 HARLEY DAVIDSON ROAD KING ) MOTORCYCLE, VIN: 1HD1JDB345Y082418,) LICENSE NUMBER: 4TENNY, ) ) Defendant. ) ) This matter came before the Honorable Judge Edmund F.

Brennan 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 motorcycle to oppose plaintiff's motion. Based on plaintiff's motion and

the files and records of the court, THE COURT FINDS as follows: 1. This action arose out of a Verified Complaint for

Forfeiture In Rem filed December 21, 2009. 2. Plaintiff United States of America has moved this Court,

pursuant to Local Rule 540, for entry of default judgment of forfeiture against potential claimants Justina Denise Mays,

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Findings and Recommendations

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Terrill Lamar Robinson and Jacqueline Wilburn. 3. The Clerk entered default against potential claimants

Justina Denise Mays, Terrill Lamar Robinson and Jacqueline Wilburn on March 23, 2010. 4. Plaintiff has shown that a complaint for forfeiture was

filed; that potential claimants Justina Denise Mays, Terrill Lamar Robinson and Jacqueline Wilburn 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. Therefore, IT IS RECOMMENDED as follows: 1. That plaintiff's motion for default judgment and final

judgment of forfeiture be granted. 2. That a judgment by default be entered against any right,

title or interest of potential claimants Justina Denise Mays, Terrill Lamar Robinson and Jacqueline Wilburn in the defendant motorcycle. 3. That a final judgment be entered, forfeiting all right,

title and interest in the defendant motorcycle to the United States of America, to be disposed of according to law. 4. That the Default Judgment and Final Judgment of

Forfeiture lodged herein be signed by the Honorable William B. Shubb and filed by the Clerk of the Court. Dated: May 4, 2010.

EDMUND F. BRENNAN United States Magistrate Judge

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Findings and Recommendations