United States of America v. Approximately $37,009.00 in U.S. Currency
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/4/16 recommending that Demarion Cleveland be held in default and 12 Motion for Default Judgment be granted. (Kaminski, H)
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PHILLIP A. TALBERT
Acting United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: (916) 554-2700
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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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2:16-CV-00930-GEB-EFB
Plaintiff,
FINDINGS AND
RECOMMENDATIONS
v.
APPROXIMATELY $37,009.00 IN U.S.
CURRENCY,
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Defendant.
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This matter came before the Honorable Judge Edmund F. Brennan on the United States’ ex
18 parte motion for default judgment. There was no appearance by or on behalf of any other person or
19 entity claiming an interest in the above-captioned defendant currency to oppose the United States’
20 motion. Based on the United States’ motion and the files and records of the court, THE COURT
21 FINDS as follows:
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1.
This action arose out of a Verified Complaint for Forfeiture In Rem filed May 2, 2016.
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2.
The United States has moved this Court, pursuant to Local Rule 540, for entry of default
24 judgment of forfeiture against potential claimant Demarion Cleveland.
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3.
The United States has shown that a complaint for forfeiture was filed; that potential
26 claimant Demarion Cleveland received notice of the forfeiture action; that any and all other unknown
27 potential claimants have been served by publication; and that grounds exist for entry of a final
28 judgment of forfeiture.
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Findings and Recommendations
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Therefore, IT IS RECOMMENDED as follows:
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1.
That Demarion Cleveland be held in default;
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That the United States’ motion for default judgment and final judgment of forfeiture be
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That judgment by default be entered against any right, title, or interest of potential
6 claimant Demarion Cleveland in the defendant currency referenced in the above caption;
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That a final judgment be entered, forfeiting all right, title, and interest in the defendant
8 currency to the United States, to be disposed of according to law;
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That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by
10 the Honorable Garland E. Burrell, Jr. and filed by the Clerk of the Court.
11 Dated: August 4, 2016.
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EDMUND F. BRENNAN
United States Magistrate Judge
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Findings and Recommendations
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