USA v. Kahr Pistol Model CW-45 et al

Filing 10

DEFAULT JUDGMENT of FORFEITURE in favor of USA against Isis Robinson. Signed by Judge Steven D. Merryday on 5/12/2014. (BK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
v.

CASE NO. 8:14-cv-513-T-23TBM

KAHR PISTOL, MODEL CW-45,
SERIAL NUMBER SE0300 and
FIVE ROUNDS OF HORNADY
AMMUNITION,
Defendants.
____________________________________/

DEFAULT JUDGMENT OF FORFEITURE
On March 3, 2014, the United States filed a “Verified Complaint for Forfeiture
In Rem” (Doc. 1) against a Kahr pistol (model CW-45, serial number SE0300) and
five rounds of Hornady ammunition. The Bureau of Alcohol, Tobacco, Firearms
and Explosives seized the firearm and ammunition on October 24, 2013, from 4728
Trask Street, Apt. 89, Tampa, Florida.
The United States moves (Doc. 9) under Rule 55(b)(2), Federal Rules of Civil
Procedure, and Local Rule 7.03(i)(1) for entry of a default judgment of forfeiture for
the firearm and ammunition.
From March 6, 2014, through April 4, 2014, the United States published at
www.forfeiture.gov notice of the civil forfeiture and of the intent to dispose of the

firearm and ammunition as required by Supplemental Rule G(4)(a)(i) and (iv)(C).
(Doc. 6) Under Supplemental Rule G(4)(b), on March 14, 2014, the United States
notified Isis Robinson, the only known potential claimant, of this forfeiture action by
certified United States mail and by first class mail. The notice package included (1)
the “Notice of Complaint for Forfeiture In Rem,” (2) the “Verified Complaint for
Forfeiture In Rem” and the “Warrant of Arrest In Rem,” (3) the “Acknowledgment of
Receipt of Notice of Verified Complaint for Forfeiture,” and (4) the “Notice of
Designation Under Local Rule 3.05.” The notice of forfeiture directed each potential
claimant to file with the Office of the Clerk, United States District Court, Middle
District of Florida, Sam Gibbons Federal Courthouse, 2nd Floor, 801 North Florida
Avenue, Tampa, Florida 33602 (1) a “Statement of Right or Interest” within thirtyfive days of receipt of the notice and (2) an answer to the complaint within twentyone days after filing the “Statement of Right or Interest.” The notice warned that
“[f]ailure to follow the requirements set forth above may result in judgment by
default taken against you for relief demanded in the Complaint. You may wish to
seek legal advice to protect your interests.”
The time for filing has expired, and neither Isis Robinson nor another person
or entity filed a statement of right or interest or otherwise contested the forfeiture of
the firearm and ammunition.
On May 1, 2014, the United States moved for entry of clerk’s default against
Isis Robinson, and on May 2, 2014, the Clerk entered a default. (Doc. 8)

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The motion (Doc. 9) for default judgment is GRANTED. Under Rule
55(b)(2), Federal Rules of Civil Procedure, and Local Rule 7.03(i)(1), judgment of
default is entered against Isis Robinson. Right, title, and interest in the firearm and
ammunition are CONDEMNED and FORFEITED to the United States for
disposition according to law. Under 31 U.S.C. § 5317(c)(2), Rule 55(b)(2), Federal
Rules of Civil Procedure, and Local Rule 7.03(i)(1), clear title to the firearm and
ammunition now vests in the United States of America.
ORDERED in Tampa, Florida, on May 12, 2014.

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