United States of America v. $2,930.00 United States Currency, $7,900.00 United States Currency, and 2008 Chevy Tahoe, VIN: 1GNFK130X8J224802

Filing 13

DEFAULT JUDGMENT OF FORFEITURE Signed by District Judge Louis Guirola, Jr. on 12/6/2017 (wld)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
UNITED STATES OF AMERICA

v.

PLAINTIFF

CAUSE NO. 1:17-CV-220-LG-RHW

$2,930.00 UNITED STATES CURRENCY,
$7,900.00 UNITED STATES CURRENCY, and
2008 CHEVY TAHOE, VIN: 1GNFK130X8J224802,

DEFENDANT PROPERTY

DEFAULT JUDGMENT OF FORFEITURE
Before this Court is Plaintiff United States of America’s Motion for Default Judgment of
Forfeiture [ECF No. 12].

Having considered the motion and the relevant statutes and

jurisprudence in this matter, this Court finds that the relief the United States seeks has merit and
should be granted. This Court further finds and adjudicates as follows:
1.

On August 7, 2017, the United States filed in the above-styled cause a Verified

Complaint for Forfeiture in Rem [ECF No. 1]. The Verified Complaint alleges that the abovereferenced Defendant Property is subject to forfeiture pursuant to 21 U.S.C. § 881.
2.

On August 8, 2017, the Court issued a Warrant of Arrest in Rem. Warrant of

Arrest in Rem [ECF No. 5].
3.

On September 7, 2017, the United States dismissed Defendant Property 2008

Chevy Tahoe, VIN: 1GNFK130X8J224802, from this case [ECF No. 6] because the Drug
Enforcement Administration administratively forfeited the vehicle.
4.

Beginning on August 10, 2017, the United States published for thirty (30)

consecutive days on an official government internet website at www.forfeiture.gov notice of this
instant civil asset forfeiture action against the Defendant Property, as evidenced by the Declaration

of Publication [ECF No. 8] filed in this cause on October 30, 2016.
5.

The United States mailed pursuant to Rule G(4)(b)(i) of the Supplemental Rules for

Admiralty or Maritime Claims and Asset Forfeiture Actions, direct, written notice of this instant
civil asset forfeiture action against the Defendant Property, including copies of the Verified
Complaint for Forfeiture in Rem, Application for Warrant of Arrest in Rem, Warrant of Arrest in
Rem, and Notice of Complaint for Forfeiture, to all potential claimants reasonably known to the
United States, as evidenced by the United States’ Proof of Service [ECF No. 7], filed with this
Court on October 30, 2017.
5.

The aforementioned publication and direct notices informed Nicholas Deron Otis,

Jennifer Otis, Nakia Labrose Thomas, Ny-Kiesha Halton, NyKiesha Halthonk, Tyron Jerrod
Nelson, Dominique Davis, Kristen Marie Faiola, and Anthony W. Faiola, and all other persons or
entities, known or unknown, having or claiming an interest in the Defendant Property that the
Defendant Property had been arrested and that the instant civil forfeiture action was pending. The
publication and direct notice also informed said persons and entities that any persons or entities
having or claiming an interest in the Defendant Property had at least thirty-five (35) days after the
plaintiff mailed its written, direct notice, or sixty (60) days after the first publication of notice on
an official government website, to file a claim and twenty (20) days after filing such claim to file
an answer.

Furthermore, the notice referred any such persons or entities to Rule G(5) of

Supplemental Rules of Admiralty and Maritime Claims and Asset Forfeiture Actions, and warned
that if this Supplemental Rule was not strictly followed, the Court could strike any claim and
answer and enter default judgment of forfeiture or summary judgment against any improperly
claimed interest in the Defendant Property.
2

6.

As of this date, no claim, answer, or appearance in this cause to assert an interest in

the Defendant Property, or to otherwise defend against the instant forfeiture action, has been filed
by Nicholas Deron Otis, Jennifer Otis, Nakia Labrose Thomas, Ny-Kiesha Halton, NyKiesha
Halthonk, Tyron Jerrod Nelson, Dominique Davis, Kristen Marie Faiola, and Anthony W. Faiola,
or any other person or entity. Thus, the time for Nicholas Deron Otis, Jennifer Otis, Nakia Labrose
Thomas, Ny-Kiesha Halton, NyKiesha Halthonk, Tyron Jerrod Nelson, Dominique Davis, Kristen
Marie Faiola, and Anthony W. Faiola, or any other person or entity to file a valid claim or answer
in this action has lapsed pursuant to Supplemental Rule G.
7.

As such, Nicholas Deron Otis, Jennifer Otis, Nakia Labrose Thomas, Ny-Kiesha

Halton, NyKiesha Halthonk, Tyron Jerrod Nelson, Dominique Davis, Kristen Marie Faiola, and
Anthony W. Faiola, and all other possible claimants are in total default; the Clerk of Court’s
October 31, 2017 Entry of Default [ECF No. 11] was proper; and the United States is entitled to a
default judgment of forfeiture against the full interests of Nicholas Deron Otis, Jennifer Otis, Nakia
Labrose Thomas, Ny-Kiesha Halton, NyKiesha Halthonk, Tyron Jerrod Nelson, Dominique Davis,
Kristen Marie Faiola, and Anthony W. Faiola, and all other persons and entities in the Defendant
Property, all without the necessity of further notice to Nicholas Deron Otis, Jennifer Otis, Nakia
Labrose Thomas, Ny-Kiesha Halton, NyKiesha Halthonk, Tyron Jerrod Nelson, Dominique Davis,
Kristen Marie Faiola, and Anthony W. Faiola, or any other person or entity.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the [12] Motion for Default
Judgment of Forfeiture is GRANTED.
IT IS FURTHER ORDERED AND ADJUDGED that:
a.

The United States of America is hereby given a default judgment of forfeiture
3

against the full interests of Nicholas Deron Otis, Jennifer Otis, Nakia Labrose Thomas, Ny-Kiesha
Halton, NyKiesha Halthonk, Tyron Jerrod Nelson, Dominique Davis, Kristen Marie Faiola, and
Anthony W. Faiola, and all other persons and entities in the Defendant Property described below:
$2,930.00 United States Currency; and
$7,900.00 United States Currency.
b.

Any administrative claims or interests therein of any entities or persons, including

Nicholas Deron Otis, Jennifer Otis, Nakia Labrose Thomas, Ny-Kiesha Halton, NyKiesha
Halthonk, Tyron Jerrod Nelson, Dominique Davis, Kristen Marie Faiola, and Anthony W. Faiola,
and any other possible claimant are hereby canceled;
c.

The Defendant Property is referred to the custody of U.S. Marshals Service for

disposition in accordance with the relevant law and regulations.
SO ORDERED AND ADJUDGED this the 6th day of December, 2017.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE

4