United States of America v. One (1) Taurus PT 140 G2 Pistol Cal: 40 SN SKR71219 et al
Filing
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ORDER granting 5 Motion for Default Judgment, CASE CLOSED. Signed by Clerk on 11/26/18. (jla)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF MISSISSIPPI
UNITED STATES OF AMERICA
PLAINTIFF
vs.
CIVIL NO. 1:18-CV-052-SA-JMV
ONE (1) TAURUS PT140 G2 PISTOL CAL:40
SN: SKR71219; ONE (1) IVER JOHNSON
1900 REVOLVER CAL: 32 SN:7782
DEFENDANT
DEFAULT JUDGMENT OF FORFEITURE
A Verified Complaint for Forfeiture in rem was filed on March 19, 2018, against the
Defendant property.
The complaint alleges that the Defendant property is subject to forfeiture
as firearms involved in a knowing violation of 18 U.S.C. § 924(c), which prohibits the carrying
and possession of a firearm in furtherance of a drug trafficking crime, and thereby forfeitable
pursuant to 18 U.S.C. § 924(d)(1).
The Clerk of Court, upon review of this matter, finds as follows:
1. That pursuant to Fed. R. Civ. P. 55(b)(1), the Clerk of the Court has the authority to
enter this Default Judgment of Forfeiture as the Plaintiff’s claim is for a sum certain, namely, the
forfeiture of the Defendant Property One (1) Taurus PT140 G2 Pistol, Cal: .40, SN: SKR71219
(17-ATF-029762) and One (1) Iver Johnson 1900 Revolver Cal: .32, SN: 7782 (17-ATF029763).
2.
Notice of this action was published on www.forfeiture.gov, an official government
website, as required by Rule G (4)(a)(iv)(C), for at least thirty (30) consecutive days.
Additionally, on June 19, 2018, a Notice of Judicial Forfeiture Proceedings was mailed via
Certified Mail to Kathryn Murphy at the address provided on her Claim. This letter was returned
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to Plaintiff as “Not Deliverable as Addressed, Unable to Forward”. No claim has been filed in
this proceeding.
3.
That a Request for Clerk’s Entry of Default, with the attached Declaration of Samuel
D. Wright, is on file in the office of the Clerk of this Court in this cause. Docket #3.
5. That on November 14, 2018, the Clerk of the Court properly entered a Default
against the Defendant property as no claim, answer or defense was filed by the above-stated
dates or within the time permitted by Rule G of the Supplemental Rules for Certain Admiralty
and Maritime Claims.
6.
Docket #4.
That Plaintiff has requested that a Default Judgment of Forfeiture be entered against
the Defendant property.
Docket #5.
It is, therefore:
ORDERED AND ADJUDGED that the Defendant property, , One (1) Taurus PT140 G2
Pistol, Cal: .40, SN: SKR71219 (17-ATF-029762) and One (1) Iver Johnson 1900 Revolver Cal:
.32, SN: 7782 (17-ATF-029763), shall be and is hereby FORFEITED to the United States of
America and no right, title or interest in said Defendant property shall exist in any other person
or party.
IT IS FURTHER ORDERED AND ADJUDGED that the Defendant Property
forfeited to the United States shall be disposed of by the United States in accordance with
applicable law.
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SO ORDERED AND ADJUDGED this the 26th day of November, 2018.
DAVID CREWS
CLERK OF COURT
By:
Prepared and Submitted By:
/s/ SAMUEL D. WRIGHT
Samuel D. Wright
Assistant United States Attorney
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s/ Jennifer L. Adams
DEPUTY CLERK
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