United States of America v. 1 Colt 1911 Pistol Cal 45 SN 754236 et al
DEFAULT JUDGMENT OF FORFEITURE granting 10 Motion for Default Judgment Signed by District Judge Halil S. Ozerden on 11/9/2017 (wld)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
UNITED STATES OF AMERICA
CIVIL NO. 1:17-CV-247-HSO-JCG
1 COLT 1911 PISTOL CAL:45 SN: 754236,
8 ROUNDS FEDERAL AMMUNITION
CAL:45, and 33 ROUNDS FEDERAL
DEFAULT JUDGMENT OF FORFEITURE
Before the Court is Plaintiff United States of America’s Motion  for
Default Judgment of Forfeiture. Having considered the Motion and the relevant
authorities, the Court finds that the relief the United States seeks should be
granted. The Court further finds and adjudicates as follows:
On September 8, 2017, the United States filed a Verified Complaint 
for Forfeiture in Rem. The Verified Complaint alleges that the above-referenced
Defendant Property is subject to forfeiture pursuant to 18 U.S.C. § 924(d)(1).
On September 8, 2017, the Court issued a Warrant of Arrest in Rem.
Warrant of Arrest in Rem .
Under Rule G(4)(b)(i) of the Supplemental Rules for Admiralty or
Maritime Claims and Asset Forfeiture Actions, the United States mailed 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, filed with this Court on
November 3, 2017. Proof of Service .
Beginning on September 9, 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 filed in this
cause on November 3, 2017. Decl. of Publication .
The aforementioned publication and direct notices informed Scott
Waits, Gwendolyn Montjoy, a/k/a Gwendolyn Monjoy, 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 this instant civil
forfeiture action was pending. The publication and direct notices 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.
As of this date, no claims, answers, or appearances in this cause to
assert an interest in the Defendant Property, or to otherwise defend against this
instant forfeiture action, have been filed by Scott Waits, Gwendolyn Montjoy, a/k/a
Gwendolyn Monjoy, or any other person or entity. Thus, the time for Scott Waits,
Gwendolyn Montjoy, a/k/a Gwendolyn Monjoy, or any other person or entity to file a
valid claim or answer in this action has lapsed pursuant to Supplemental Rule G.
As such, Scott Waits, Gwendolyn Montjoy, a/k/a Gwendolyn Monjoy,
and all other possible claimants are in total default; the Clerk of Court’s November
9, 2017 Entry of Default  was proper; and the United States is entitled to a
default judgment of forfeiture against the full interests of Scott Waits, Gwendolyn
Montjoy, a/k/a Gwendolyn Monjoy, and all other persons and entities in the
Defendant Property, all without the necessity of further notice to Scott Waits,
Gwendolyn Montjoy, a/k/a Gwendolyn Monjoy, or any other person or entity.
IT IS, THEREFORE, ORDERED AND ADJUDGED THAT:
The United States of America is hereby given a default judgment of
forfeiture against the full interests of Scott Waits, Gwendolyn Montjoy, a/k/a
Gwendolyn Monjoy, and all other persons and entities in the Defendant Property
A Colt 1911 Pistol, .45 Caliber, Serial Number 754236;
8 Rounds Federal Ammunition, .45 Caliber; and
33 Rounds Federal Ammunition, .45 Caliber.
Any administrative claims or interests therein of any entities or
persons, including Scott Waits, Gwendolyn Montjoy, a/k/a Gwendolyn Monjoy, and
any other possible claimant are hereby canceled;
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 9th day of November, 2017.
s/ Halil Suleyman Ozerden
HALIL SULEYMAN OZERDEN
UNITED STATES DISTRICT JUDGE
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