United States of America v. Approximately $5,290.00 in U.S. Currency et al

Filing 15

FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/13/2017 RECOMMENGING that Negus Collis, Jermaine Huie, Jervaine Huie/Fenton, Michael Wallace be held in default; and that the Plaintiffs motion for default judgment and final judgment of forfeiture be granted; Referred to Judge Troy L. Nunley.(Reader, L)

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4 PHILLIP A. TALBERT United States Attorney KEVIN C. KHASIGIAN Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 Attorneys for the United States 1 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 2:17-CV-00900-TLN-EFB Plaintiff, FINDINGS AND RECOMMENDATIONS v. APPROXIMATELY $5,290.00 IN U.S. CURRENCY, 15 16 17 APPROXIMATELY $5,250.00 IN U.S. CURRENCY, and APPROXIMATELY $3,699.00 IN U.S. CURRENCY, 18 Defendants. 19 20 This matter came before the Honorable Judge Edmund F. Brennan on the United States’ ex 21 parte motion for default judgment. There was no appearance by or on behalf of any other person or 22 entity claiming an interest in the above-captioned defendant currency to oppose the United States’ 23 motion. Based on the United States’ motion and the files and records of the court, THE COURT 24 FINDS as follows: 25 1. This action arose out of a Verified Complaint for Forfeiture In Rem filed April 28, 2017. 26 2. The United States has moved this Court, pursuant to Local Rule 540, for entry of default 27 judgment of forfeiture against potential claimants Negus Collis, Jervaine Huie/Fenton Jermaine Huie, 28 and Michael Wallace. 1 Findings and Recommendations 1 3. The United States has shown that a complaint for forfeiture was filed; that potential 2 claimants Negus Collis, Jervaine Huie/Fenton Jermaine Huie, and Michael Wallace received notice of 3 the 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. 5 Therefore, IT IS RECOMMENDED as follows: 6 1. That Negus Collis, Jervaine Huie/Fenton Jermaine Huie, and Michael Wallace be held in 7 default; 8 2. That the United States’ motion for default judgment and final judgment of forfeiture be 9 granted; 10 3. That judgment by default be entered against any right, title, or interest of potential 11 claimants Negus Collis, Jervaine Huie/Fenton Jermaine Huie, and Michael Wallace in the defendant 12 currency referenced in the above caption; 13 4. That a final judgment be entered, forfeiting all right, title, and interest in the defendant 14 currency to the United States, to be disposed of according to law; 15 5. That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by 16 the Honorable Troy L. Nunley and filed by the Clerk of the Court. 17 Dated: September 13, 2017. 18 EDMUND F. BRENNAN United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28 2 Findings and Recommendations

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