United States of America v. $22,232.00 in Unted States Currency

Filing 12

ORDER GRANTING 7 Motion for Default Judgment (Written Opinion). Signed by Judge John R. Tunheim on November 9, 2009. (HAM)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA _______________________________________________________________________ UNITED STATES OF AMERICA, Plaintiff, v. $22,232.00 IN U.S. CURRENCY, Defendant. _______________________________________________________________________ James Alexander, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415, for plaintiff. DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE

Civil No. 09-2211 (JRT/AJB

Based on the motion of the United States for an order granting default judgment against Terrance Bauer and all unknown persons and entities having an interest in the defendant currency who have failed to file a verified statement of claim and answer, and for a final order of forfeiture forfeiting the defendant currency to the United States; and based on all the files and records in this action, and the Court's finding as follows that: 1. A verified Complaint for Forfeiture In Rem with supporting Affidavit Of

Steven Lomicka In Support of Complaint for Forfeiture In Rem was filed on August 24, 2009, alleging that the defendant currency is subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6). 2. On August 27, 2009, the Plaintiff served F. Clayton Tyler, as counsel for

Terrance Bauer, by certified mail with a copy of the Notice of Judicial Forfeiture

Proceedings, the Verified Complaint, the Affidavit In Support of Complaint, and the Warrant of Arrest and Notice In Rem. 3. Notice of this forfeiture action was posted on an official government

internet site (www.forfeiture.gov) for at least 30 consecutive days, beginning August 26, 2009. 4. No verified statement of claim or answer to the Complaint for Forfeiture

has been filed in this action, and the time for filing a verified claim and answer has expired. NOW, THEREFORE, IT IS HEREBY ORDERED that: 1. default judgment is entered against Terrance Bauer and all unknown

persons and entities having an interest in the defendant currency who have failed to file a verified claim and answer in this proceeding; and 2. all right, title and interest in the defendant $22,232.00 in United States

currency is forfeited to and vested in the United States of America pursuant to 21 U.S.C. § 881(a)(6) for disposition in accordance with law. LET JUDGMENT BE ENTERED ACCORDINGLY.

DATED: November 9, 2009 at Minneapolis, Minnesota.

_____ _ s/John R. Tunheim_______ JOHN R. TUNHEIM United States District Judge