UNITED STATES OF AMERICA v. CURRENCY
ORDER GRANTING 18 Motion to Strike ; and GRANTING 18 Motion for Forfeiture of Property. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 2/1/2016. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
UNITED STATES OF AMERICA,
$30,000.00 IN UNITED STATES
CASE NO. 5:14-CV-257 (MTT)
ORDER GRANTING MOTION TO STRIKE AND
ORDER FOR ISSUANCE OF A FINAL ORDER OF FORFEITURE
Upon consideration of the Plaintiff=s Motion to Strike, and the record of this case,
the Court finds that good cause exists to grant Plaintiff=s motion.
THEREFORE, IT IS HEREBY ORDERED that the Claim [Doc. 5] and Answer
[Doc. 7] of Claimant Sakee Gardner shall be stricken from this case.
The responsive pleadings of the Claimant having been stricken, the Court hereby
makes the following findings of fact and conclusions of law:
This Court has jurisdiction of this matter pursuant to 28 U.S.C. '' 1345 and
1355, and venue is proper pursuant to 28 U.S.C. ' 1395.
Pursuant to a Warrant of Arrest in Rem this Court issued on July 9, 2014,
the U.S. Marshals Service for the Middle District of Georgia arrested and seized the
Defendant Property on July 11, 2014.
The United States has furnished due and legal notice of these proceedings
as required by law. The United States perfected service of process of this action on
Claimant Sakee Gardner, and potential claimants Michael Dean Hubbard and Dewayne
The United States published notice of this action on an official government
website, www.forfeiture.gov, for at least thirty (30) consecutive days, beginning on July
15, 2014, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or
Maritime Claims and Asset Forfeiture Actions.
Claimant filed a timely Claim and subsequently filed an Answer in these
proceedings, asserting her interest in the Defendant Property described as $30,000.00 in
United States Funds, but those pleadings have now been stricken.
Plaintiff served Special Interrogatories on the Claimant, through her
counsel of record, but has failed to respond.
As of today’s date, no other person or entity has filed a claim and answer in
this action and the time for filing a timely claim and answer has expired.
There is sufficient evidence to warrant a conclusion, by a preponderance of
evidence standard, that the Defendant Property is subject to forfeiture in accordance with
21 U.S.C. § 881(a)(6).
THEREFORE, IT IS HEREBY FURTHER ORDERED THAT:
All right, title, and interest in the Defendant Property is hereby forfeited to
and vested in the United States, which shall have clear title to this property and may
warrant good title to any subsequent transferee.
The United States Attorney General or his authorized designee shall
dispose of this property in accordance with the law.
No parties shall be entitled to costs, including any costs under 28 U.S.C. '
2412, nor shall the person or persons who made the seizure of the Defendant Property,
nor any attorney, agent, or employee of the United States, be liable to suit or judgment on
account of the seizure of the Defendant Property or prosecution of the instant forfeiture
action, there being reasonable cause shown for the seizure.
SO ORDERED, this _____day of ___________________, 2016.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MICHAEL J. MOORE
UNITED STATES ATTORNEY
s/ DANIAL E. BENNETT
ASSISTANT UNITED STATES ATTORNEY
GEORGIA STATE BAR NO. 052683
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?