United States of America v. Currency $7,590.00

Filing 24

ORDER denying 14 Motion for Default Judgment. Signed by District Judge Sean F. Cox. (JHer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION United States of America, Plaintiff, v. Currency $7,590, Defendant. _________________________________________/ ORDER DENYING THE GOVERNMENT'S MOTION FOR DEFAULT JUDGMENT Plaintiff, United States of America ("the Government") filed this action on July 8, 2010, asserting that $7,590 in U.S. currency seized from Claimant Dontay Adams ("Adams") on February 1, 2010 is subject to forfeiture because it is money used, or intended to be used, in a drug transaction. (Docket Entry No. 1). Rule G(5)(b) of the Supplemental Rules of Admiralty or Maritime Claims and Asset Forfeiture Actions requires a claimant in a forfeiture action to file an answer to the complaint within 21 days after filing a claim. On August 16, 2010, Claimant Adams, proceeding pro se, filed an Answer that failed to address the Government's Complaint for forfeiture. (Docket Entry No. 8). On November 4, 2010, the Government requested a Clerk's Entry of Default, which the Clerk granted the same day. On November 18, 2010, the Government filed a Motion for Default Judgment as to Defendant Currency $7,590. (Docket Entry No. 14). The Court heard oral argument on the Government's motion on February 3, 2011. Adams presented his claim at the hearing, and the Court ordered Adams to amend his answer in order to sufficiently address the Government's 1 Case No.: 10-12706 Honorable Sean F. Cox

complaint. (Docket Entry No. 21). On February 28, 2011, Adams filed his Amended Answer, in which he claims that the Government has no evidence that the money seized was the result of drug proceeds. (Docket Entry No. 22). Considering Adams' pro se status, Adams' Amended Answer sufficiently addresses the Government's Complaint for Forfeiture. Accordingly, the Court DENIES the Government's Motion for Default Judgment. The Court also SETS ASIDE the Clerk's Entry of Default. IT IS SO ORDERED.

Dated: March 22, 2011

s/ Sean F. Cox Sean F. Cox U. S. District Court Judge

I hereby certify that on March 22, 2011, the foregoing document was served upon counsel of record by electronic means and upon Dontay Adams by First Class Mail at the address below: Dontay Leon Adams 13309 Kilbourne Detroit, MI 48212 Dated: March 22, 2011 s/ Jennifer Hernandez Case Manager

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