United States of America v. One Cobra Model FS380 .380 Pistol et al

Filing 13

ORDER granting 10 Motion for Default Judgment and 10 Motion for Forfeiture of Property. Therefore, it is hereby Ordered, Adjudged, and Decreed that: The Defendant Property is hereby condemned and forfeited to the United States of America, and all right, title, claim and interest to the Defendant Property by Amos Jones, Jr. and Rokashia Cone, their heirs, successors, and assigns, and all other persons and entities are vested in the United States of America; Amos Jones, Jr. and Rokashia Co ne, their heirs, successors, and assigns, and all other persons and entities are forever barred from asserting a claim against the Defendant Property; The United States Marshals Service or an authorized designee shall dispose of the Defendant Propert y according to law and regulatory procedures. The Court directs the Clerk to enter judgment in favor of the Government pursuant to Rule 58 of the Federal Rules of Civil Procedure, terminate all deadlines and motions, and close this case. Signed by Judge J. Randal Hall on 03/30/2016. (thb)

IN THE UNITED STATES
SOUTHERN

DISTRICT COURT

DISTRICT

AUGUSTA

FOR THE

OF GEORGIA

DIVISION
*

UNITED STATES OF AMERICA,

*

*

Plaintiff,

*

v.

ONE COBRA MODEL FS380

.380

*

PISTOL;

SEVEN ROUNDS OF

*

HORNADY

.380 CALIBER

l:15-cv-142

*

AMMUNITION;

and ONE ROUND OF

*

CCI .380 CALIBER AMMUNITION,

*

Defendants,

ORDER

Presently
Default

Judgment

Distribution.
GRANTS

before

the

and

(Doc.

Court

for

10.)

is

the

Final
For

Government's

Order

the

of

following

Motion

Forfeiture

reasons,

the

for
and

Court

the motion.

I.

On

September

Complaint

11,

2016,

for Forfeiture

.380 pistol,

Serial

.380

ammunition,

caliber

ammunition

Complaint

forfeiture

BACKGROUND

the

Government

Number

that

pursuant

to

a

Verified

In Rem against one Cobra Model

FS086214;

and

one

seven

round

("the Defendant Property").

alleges

filed

the

18

Hornady

.380

CCI

of

caliber

(Doc. 1,

§

Compl.)

Property

Defendant

U.S.C.

of

rounds

FS380

is

924(d)(1)

The

subject

to

because

it

"constitutes possession of firearms
who

has been

convicted in any

and ammunition by a person

court

imprisonment for a term exceeding one
U.S.C.

§ 922(g)(1).

of a crime
year"

in violation of

with

the

18

(Id. 5 16.)

The Government attempted to serve Amos Jones,

Cone

punishable by

Verified

Complaint

for

Jr.

Forfeiture

and Rokashia

In

Rem

and

a

warrant for arrest in September and November 2015 and January 2015.
(Docs.

3,

6.)

Additionally,

the Government published the notice of

forfeiture on its official website
consecutive

date,

days

beginning

(www.forfeiture.gov)

on September

15,

2015.

for thirty

(Doc.

5.)

To

no person has filed an answer to the Complaint or a claim to

the Defendant Property in this action.
On

December

11,

2015,

the

Government

moved

the

Clerk

of

the

Court to enter default and supported its motion with an affidavit.
(Doc.

8.)

and

7.)

On December 15,

2015,

the Clerk entered default.

(Doc.

The Government now moves the Court to enter a default judgment

final

order

of

forfeiture

any potential claimants.
Amos Jones,
judgment.

against

(Doc. 10.)

the

Defendant

Property

and

The Government sent notice to

Jr. and Rokashia Cone of the pending motion for default
(Doc.

11.)

II.

DISCUSSION

''Obtaining a default judgment is a two-step process: first,
the plaintiff must seek an entry of default from the clerk of
court; and second,

after the clerk has made an entry of default,

the plaintiff can seek a default judgment."
in U.S.

Jan.

Funds, No. 5:08-CV-102,

27,

2009)

(citing

FED.

U.S. v.

$11,000.00

2009 WL 198013, at *2 (M.D. Ga.

R.

CIV.

P.

55).

"An

entry

of

default and subsequent entry of default judgment are appropriate
*[w]hen a party against whom a judgment for
is

sought

has

failed

to

plead

(quoting Fed. R. Civ. P. 55(a))
Where — as
action

in

comply

with

or

affirmative relief

otherwise

defend.'"

(alteration in original).

here — the Government brings a civil forfeiture

rem

which

arises

Supplemental

from

Rule

G

of

a

federal

the

statute,

Supplemental

it

Civ.

P., Supp.

R.

G(l)

Based

upon

Funds,

the

for

See

("This Rule governs a forfeiture

action in rem arising from a federal statute.");
$11,000.00 in U.S.

must

Rules

Admiralty and Maritime Claims and Asset Forfeiture Actions.

Fed. R.

Id.

see also,

e.g.,

2009 WL 198013, at *2.

facts

currently

before

the

Court,

the

Government appears to have fully complied with Supplemental Rule
G.

First, the Complaint was proper under Supplemental Rule G(2)

because it was

(a)

verified,

(b)

matter jurisdiction and venue,1

stated the grounds for subject-

(c) described the property with

1 The grounds for subject matter jurisdiction are 28 U.S.C. §
1345 (providing that district courts shall have original jurisdiction
of all civil proceedings commenced by the United States) and 28 U.S.C.

§ 1355 (a-b)
(providing that district courts shall have original
jurisdiction of forfeiture proceedings arising under federal law and
that the forfeiture proceeding may be brought in the district where
any of the acts or omissions giving rise to the forfeiture occurred).
Here, the Defendant Property was seized in Richmond County, Georgia,
which is within the
(Compl. 5 4.)

Southern District

of Georgia,

Augusta

Division.

reasonable

particularity,

(d)

stated

the

location

of

the

property when it was seized and when the action was filed,

(e)

identified the federal statute under which the forfeiture action

was

brought,

support

a

and

(f)

stated

sufficiently

reasonable belief that

the Government

meet its burden of proof at trial.2
Second,
G(4)'s

the

notice

forfeiture

and

of

Supp.
the

R.

a

copy

Jones,

of
Jr.

The

the

action

and

a

with

copy

Verified

sent

a

Complaint

the

to

able

to

Cone.

See

complaint

to

Rule

notice

to

of

potential

Fed.

("The government must

of

be

Supplemental

Government

and Rokashia

G(4) (b) (i) , (iii)

will

facts

(See Compl.)

complied

requirements.

claimants Amos

P.,

Government

detailed

R.

Civ.

send notice

any

person

who

reasonably appears to be a potential claimant" and "notice must

be

sent

by means

claimant.").

forfeiture on

which

The

calculated

Government

also

to

reach

published

the

the

potential
notice

of

its official website for thirty consecutive days,

satisfied

G(4) (a) (i) and

reasonably

the

publication

requirement

under

Rule

(iv) (C) .

Supplemental Rule G(5)

provides that a "person who asserts

an interest in the defendant property may contest the forfeiture

2 The factual allegations in the Verified Complaint, now admitted
by default, are sufficient to establish that the Defendant Property is
subject to forfeiture.
Specifically, "officers seized Defendant
Property and arrested Jones on suspicion of violating Georgia Code §
16-11-131, which prohibits the receipt, possession, and transport of
firearms by any person convicted of a felony offense." (Compl. 1 13.)
Jones later pled guilty to having violated 18 U.S.C. § 922(g)(1) by
unlawfully possessing the Defendant Property.
(Compl. SI 16.)

by filing a claim in the court where the action is pending"
within thirty-five days from the date direct notice is sent or,

if direct notice was not sent to the claimant, within sixty days
after the first date of publication on the Government's official

website.

See Fed. R.

Civ. P., Supp. R.

G (5) (a) (i) , (ii) .

claimant has filed a claim to the seized property,
must

also

serve

and file

an

answer to

the

P. , Supp.

the claimant

forfeiture

within twenty-one days after filing the claim.

Once a

complaint

See Fed.

R. Civ.

neither a claim nor an answer has been filed,

and the

R. G(5) (b) .

Here,

time for filing has expired.

This failure to plead or otherwise

defend

the

against

the

action

all

warrants

potential

entry

of

to

the

claimants

a

default

judgment

Defendant

Property

pursuant to Federal Rule of Civil Procedure 55.
III.

For the reasons

for

Default

Distribution

Judgment
is

CONCLUSION

stated above,

and

for

GRANTED.

(Doc.

Final

the Government's Motion

Order

10.)

of

Forfeiture

Therefore,

it

is

and

hereby

ORDERED, ADJUDGED, AND DECREED that:

1. The

Defendant

forfeited

to

Property

the

United

is

hereby

States

of

condemned

America,

and

and
all

right, title, claim and interest to the Defendant
Property by Amos Jones, Jr. and Rokashia Cone, their
heirs,
and

successors,

entities

America;

are

and

assigns

vested

in

and
the

all

other

United

persons

States

of

2. Amos
Jones,
Jr.
and Rokashia Cone,
their heirs,
successors,
and assigns and all other persons and
entities are forever barred from asserting a claim
against the Defendant Property;

3. The U.S. Marshals Service or an authorized designee
shall dispose of the Defendant Property according to
law and regulatory procedures.

The

Court DIRECTS

Government

the CLERK to

pursuant

Rule

58

enter

of

the

judgment

in

Federal

Procedure upon the same terms and conditions as

favor

Rules

of

of

the

Civil

outlined in this

Default Judgment and Final Order of Forfeiture and Distribution,
TERMINATE all deadlines and motions,

and CLOSE this case.

ORDER ENTERED at Augusta, Georgia, this ^&_ day of March,
2016.

J.

STATES
IN

RANDAL

HALL

DISTRICT

DISTRICT

JUDGE

OF GEORGIA