United States of America v. Real Property located at 136 Sconce Way, Sacramento, California, Sacramento County, APN: 263-0327-002-0000 et al

Filing 18

FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/27/2015 RECOMMENDING that Curtis Phillips and Michelle Davis Phillips be held in default; that plaintiffs' 13 motion for default judgment and final judgment of forf eiture be granted; that judgment by default be entered against any right, title, or interest of potential claimants Curtis Phillips and Michelle Davis Phillips in the defendant properties referenced in the above caption; and that a final judgment be entered, forfeiting all right, title, and interest in the defendant properties to the US, to be disposed of according to law. (Reader, L)

1 BENJAMIN B. WAGNER
United States Attorney
2 KEVIN C. KHASIGIAN
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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2:14-CV-01648-TLN-KJN

Plaintiff,
FINDINGS AND
RECOMMENDATIONS

v.
REAL PROPERTY LOCATED AT 136
SCONCE WAY, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 263-0327-002-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO, and

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REAL PROPERTY LOCATED AT 3723 IVY
STREET, SACRAMENTO, CALIFORNIA,
SACRAMENTO COUNTY, APN: 252-0111007-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO,
Defendants.

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This case, commenced on July 11, 2014, is a civil action in rem to forfeit to the United States

24 two defendant real properties allegedly used to facilitate federal drug crimes. (ECF No. 1.) To date, no
25 claims to the defendant real properties have been filed. On December 18, 2014, the Clerk of Court
26 entered the default of potential claimants Curtis Phillips and Michelle Davis Phillips. (ECF No. 12.)
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Presently pending before the court is the United States’ motion for default judgment and final

28 judgment of forfeiture, which was filed on December 19, 2014. (ECF No. 13.) On December 30,
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Findings and Recommendations
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1 2014, the court issued an order requiring any opposition to the motion to be filed no later than January
2 22, 2015. (ECF No. 16.) That order was served on potential claimants Curtis Phillips and Michelle
3 Davis Phillips at their last-known address. (ECF No. 17.) Although the deadline for filing an
4 opposition has now passed, no opposition or other response to the motion was filed by Curtis Phillips,
5 Michelle Phillips, or any other person.
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After carefully considering the United States’ motion, as well as the files and records of the

7 court, the court FINDS as follows:
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1.

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

9 July 11, 2014.
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The United States has moved this Court, pursuant to Local Rule 540, for entry of default

11 judgment of forfeiture against potential claimants Curtis Phillips and Michelle Davis Phillips.
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The United States has shown that a complaint for forfeiture was filed; that potential

13 claimants Curtis Phillips and Michelle Davis Phillips received notice of the forfeiture action; that any
14 and all other unknown potential claimants have been served by publication; and that grounds exist for
15 entry of a final judgment of forfeiture.
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Therefore, IT IS RECOMMENDED as follows:

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That Curtis Phillips and Michelle Davis Phillips be held in default;

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

19 (ECF No. 13) be granted;
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3.

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

21 claimants Curtis Phillips and Michelle Davis Phillips in the defendant properties referenced in the
22 above caption; and
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That a final judgment be entered, forfeiting all right, title, and interest in the defendant

24 properties to the United States, to be disposed of according to law.
25 Dated: January 27, 2015
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Findings and Recommendations