United States of America v. Real Property located at 6620 Little Canyon Road, El Dorado, California, El Dorado County, APN: 092-021-35-100 et al

Filing 15

FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/22/2015 RECOMMENDING that Eric Portela, Keith Toman, Jr., and Ryan Olsen be held in default; RECOMMENDING that the 14 Motion for Default Judgment and Final Judgment of Forfeiture be granted; RECOMMENDING that default be entered against any right, title, or interest of potential claimants Eric Portela, Keith Toman, Jr., and Ryan Olsen in the defendant properties; RECOMMENDING that final judgment be entered, forfeiti ng all right, title, and interest in the defendant properties to the United States, to be disposed of according to law; RECOMMENDING that the Default Judgment and Final Judgment of Forfeiture be signed be signed by Chief Judge Morrison C. England, Jr. and filed by the Clerk of Court; REFERRING this matter to Chief Judge Morrison C. England, Jr. (Michel, G.)

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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Plaintiff,

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2:14-CV-02198-MCE-CKD
FINDINGS AND
RECOMMENDATIONS

v.
REAL PROPERTY LOCATED AT 6620
LITTLE CANYON ROAD, EL DORADO,
CALIFORNIA, EL DORADO COUNTY,
APN: 092-021-35-100, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO; and

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REAL PROPERTY LOCATED AT 6671
LITTLE CANYON ROAD, EL DORADO,
CALIFORNIA, EL DORADO COUNTY,
APN: 046-032-46-100, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO,

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Defendants.

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This matter came before the Honorable Judge Carolyn K. Delaney on the United States’ ex

24 parte motion for default judgment. There was no appearance by or on behalf of any other person or
25 entity claiming an interest in the above-captioned defendant assets to oppose the United States’ motion.
26 Based on the United States’ motion and the files and records of the court, THE COURT FINDS as
27 follows:
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Findings and Recommendations

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1.

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

2 September 22, 2014.
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2.

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

4 judgment of forfeiture against potential claimants Eric Portela, Keith Toman, Jr. and Ryan Olsen.
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3.

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

6 claimants Eric Portela, Keith Toman, Jr. and Ryan Olsen received notice of the forfeiture action; that
7 any and all other unknown potential claimants have been served by publication; and that grounds exist
8 for entry of a final judgment of forfeiture.
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Therefore, IT IS RECOMMENDED as follows:

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1.

That Eric Portela, Keith Toman, Jr. and Ryan Olsen be held in default;

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2.

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

12 granted;
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3.

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

14 claimants Eric Portela, Keith Toman, Jr. and Ryan Olsen in the defendant properties referenced in the
15 above caption;
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4.

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

17 properties to the United States, to be disposed of according to law;
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5.

That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by

19 the Honorable Morrison C. England Jr. and filed by the Clerk of the Court.
20 Dated: January 22, 2015
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Findings and Recommendations