United States of America v. Approximately $40,000.00 in U.S. Currency et al

Filing 17

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 3/26/14 RECOMMENDING that Justin William Moore and Tiffany Green be held in default; that the United States' motion for default judgment and final judgment of forfeiture be granted; that judgment by default be entered against any right, title, or interest of potential claimants Justin William Moore and Tiffany Green in the Defendant Currency referenced in the above caption; that a final judgment be entered, forfeiting all right, title, and interest in the Defendant Currency to the United States, to be disposed of according to law; that the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by the Honorable John A. Mendez, and filed by the Clerk of the Court. Motion referred to Judge John A. Mendez. (Kastilahn, A)

1 BENJAMIN B. WAGNER
United States Attorney
2 JEFFREY A. SPIVAK
Assistant U.S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
5 Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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v.

No. 2:13-cv-02430-JAM-DAD
FINDINGS AND RECOMMENDATIONS

APPROXIMATELY $40,000.00 IN U.S.
CURRENCY, and

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APPROXIMATELY $4,100.00 IN U.S.
CURRENCY,

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Defendants.

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This matter came before the Honorable Judge Dale A. Drozd on the United States’

20 ex parte motion for default judgment. There was no appearance by or on behalf of any
21 other person or entity claiming an interest in the above-captioned Defendant Currency
22 to oppose the United States’ motion. Based on the United States’ motion and the files and
23 records of the court, THE COURT FINDS as follows:
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1.

This action arose out of a Verified Complaint for Forfeiture In Rem filed

25 November 21, 2013.
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2.

The United States has moved this Court, pursuant to Local Rule 540, for

27 entry of default judgment of forfeiture against potential claimants Justin William Moore
28 and Tiffany Green.
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Findings and Recommendations

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3.

The United States has shown that a complaint for forfeiture was filed; that

2 potential claimants Justin William Moore and Tiffany Green received notice of the
3 forfeiture action; that any and all other unknown potential claimants have been served by
4 publication; and that grounds exist for entry of a final judgment of forfeiture.
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Therefore, IT IS RECOMMENDED as follows:

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4.

That Justin William Moore and Tiffany Green be held in default;

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That the United States’ motion for default judgment and final judgment of

8 forfeiture be granted;
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6.

That judgment by default be entered against any right, title, or interest of

10 potential claimants Justin William Moore and Tiffany Green in the Defendant Currency
11 referenced in the above caption;
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7.

That a final judgment be entered, forfeiting all right, title, and interest in the

13 Defendant Currency to the United States, to be disposed of according to law;
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8.

That the Default Judgment and Final Judgment of Forfeiture lodged herein

15 be signed by the Honorable John A. Mendez, and filed by the Clerk of the Court.
16 Dated: March 26, 2014
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Ddad1\orders.civil\USv$40,000.2430.f&rs.docx

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Findings and Recommendations