USA v. Approx. $67,090.00 in U.S. Currency

Filing 11

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/18/2020 RECOMMENDING that Branden Marquell Dinkins be held in default; that 10 Motion for Default Judgment be granted; that judgment by default be entered against any ri ght, title, or interest of potential claimant Branden Marquell Dinkins in the defendant currency; that final judgment be entered, forfeiting all right, title, and interest in the defendant currency to USA, to be disposed of according to law; and that the Default Judgment and Final Judgment of Forfeiture lodged be signed by the Honorable Troy L. Nunley and filed by the Clerk of the Court. Referred to District Judge Troy L. Nunley. (Huang, H)

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McGREGOR W. SCOTT
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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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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Plaintiff,

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2:20-CV-00931-TLN-AC
FINDINGS AND
RECOMMENDATIONS

v.
APPROXIMATELY $67,090.00 IN U.S.
CURRENCY,

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Defendant.
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This matter came before the Honorable Allison Claire on the United States’ ex parte motion for

18 default judgment. There was no appearance by or on behalf of any other person or entity claiming an
19 interest in the above-captioned defendant currency to oppose the United States’ motion. Based on the
20 United States’ motion and the files and 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 May 7, 2020.

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2.

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

23 judgment of forfeiture against potential claimant Branden Marquell Dinkins.
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3.

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

25 claimant Branden Marquell Dinkins received notice of the forfeiture action; that any and all other
26 unknown potential claimants have been served by publication; and that grounds exist for entry of a final
27 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 Branden Marquell Dinkins 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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3.

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

6 claimant Branden Marquell Dinkins in the defendant currency referenced in the above caption;
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4.

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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5.

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

10 the Honorable Troy L. Nunley and filed by the Clerk of the Court.
11 Dated: November 18, 2020
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Findings and Recommendations