USA v. 1965 Chevrolet Impala Caprice, VIN: 164675L208803 et al

Filing 16

Default and Final Order of Forfeiture, by Magistrate Judge Kathleen M. Tafoya on 1/22/15. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03049-KMT
UNITED STATES OF AMERICA,
Plaintiff,
v.
1965 CHEVROLET IMPALA CAPRICE, VIN: 164675L208803,
1954 CHEVROLET BEL-AIR, VIN: C54S111605, and
2006 HARLEY DAVIDSON FLHXI, VIN: 1HD1KBW106Y652328,
Defendants.

DEFAULT AND FINAL ORDER OF FORFEITURE

THIS MATTER comes before the Court on the United States' Motion for Default
and Final Order of Forfeiture as to defendant property, the Court having reviewed said
Motion FINDS:
THAT the United States commenced this action in rem pursuant to 21 U.S.C. §
881;
THAT all known interested parties have been provided an opportunity to respond
and that publication has been effected as required by Rule G(4) of the Supplemental
Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions;
THAT after proper notice, neither the known potential claimants, nor any other
third party, has filed a Claim or Answer as to defendant assets as required by Rule G(5)
of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture
Actions;
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THAT Entry of Default was entered by the Clerk of the Court on January 21,
2015. (Doc. 12).
THAT based upon the facts and verification set forth in the Verified Complaint, it
appears by a preponderance of the evidence that there was reasonable cause for the
seizure of defendant assets, and a Certificate of Reasonable Cause is granted pursuant
to 28 U.S.C. § 2465. It further appears that there is cause to issue a forfeiture order
under 21 U.S.C. § 881;
THAT the facts and verifications as set forth in the Verified Complaint provide
probable cause and an ample basis by a preponderance of the evidence for a final
Judgment and Order of Forfeiture as to defendant properties;
THAT the Clerk of Court shall be directed to enter Judgment as to the following
defendant assets;
a. 1965 Chevrolet Impala Caprice, VIN: 164675L208803,
b. 1954 Chevrolet Bel-Air, VIN: C54S111605, and
c. 2006 Harley Davidson FLHXI, VIN: 1HD1KBW106Y652328;
NOW, THEREFORE, IT IS ORDERED, DECREED, AND ADJUDGED:
THAT default and forfeiture of
a. 1965 Chevrolet Impala Caprice, VIN: 164675L208803,
b. 1954 Chevrolet Bel-Air, VIN: C54S111605, and
c. 2006 Harley Davidson FLHXI, VIN: 1HD1KBW106Y652328,
including all right, title, and interest is hereby entered in favor of the United States
pursuant to 21 U.S.C. § 881;

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THAT the United States shall have full and legal title as to the defendant
properties and may dispose of said properties in accordance with law;
THAT this Default and Final Order of Forfeiture shall serve as a Certificate of
Reasonable Cause as to the defendant properties under 28 U.S.C. § 2465; and
THAT the Clerk of Court is directed to enter Judgment as to
a. 1965 Chevrolet Impala Caprice, VIN: 164675L208803,
b. 1954 Chevrolet Bel-Air, VIN: C54S111605, and
c. 2006 Harley Davidson FLHXI, VIN: 1HD1KBW106Y652328.

SO ORDERED this 22nd day of January, 2015.

BY THE COURT:

__________________________
KATHLEEN M. TAFOYA
United States Magistrate Judge

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