United States of America v. $9,647.00 U.S. Currency

Filing 39

MEMORANDUM: IT IS HEREBY ORDERED that the motion of the United States for a judgment of default against the defendant currency is GRANTED. Doc. No. 35 . IT IS FURTHER ORDERED that a separate judgment of default shall accompany this Memorandum. Signed by District Judge Audrey G. Fleissig on 1/3/2014. (RAK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
UNITED STATES of AMERICA,
Plaintiff,
v.
NINE THOUSAND SIX HUNDRED
AND FORTY SEVEN DOLLARS
(9,647.00) U.S. CURRENCY,
Defendant.

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Case No. 4:10CV01367 AGF

MEMORANDUM
On August 22, 2013, the Clerk of the Court entered a default in this action. See
Doc. No. 36. Plaintiff, the United States of America, now moves this Court the court for
a default judgment, pursuant to Federal Rule of Civil Procedure 55(b)(2), against the
interest of Patrice Nevins in the defendant currency for failure to file a claim or answer or
otherwise defend as provided in Rule G of the Supplemental Rules for Admiralty or
Maritime Claims and Asset Forfeiture Actions. See Doc. No. 35. Upon review of the
file, the Court notes that after the complaint for forfeiture was filed, the claimant, Patrice
Nevins, was served with process through the United States mail; and that any and all
other potential claimants have been served by publication. See Doc. Nos. 1, 2, 8, 9, 32,
33 & 37. In addition, the Court is satisfied that Plaintiff has shown reasonable cause,
pursuant to 28 U.S.C. § 2465, for seizure of the defendant currency. Finally, the record
before the Court indicates that the claim of the sole claimant, Patrice Nevins, has been

dismissed and no other potential claimant has filed a claim to the defendant currency.
See Doc. No.31.
Accordingly,
IT IS HEREBY ORDERED that the motion of the United States for a judgment
of default against the defendant currency is GRANTED. (Doc. No. 35.)
IT IS FURTHER ORDERED that a separate judgment of default shall
accompany this Memorandum.

Audrey G. Fleissig
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 3rd day of January, 2014.

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