United States America v. United States currency in the amount of $21,389.00

Filing 10

ORDER entered by Judge Nanette Laughrey granting 9 motion for forfeiture of property. It is hereby ORDERED (1) that a default judgment of forfeiture is hereby entered against the defendant property; (2) that all persons claiming any right, title or interest in or to the defendant property are held in default; (3) that all claims and interests in the defendant property are forever foreclosed and barred; (4) that the defendant property is hereby forfeited to the United States of America pursuant to 21 U.S.C. § 881(a)(6); (5) that the defendant property shall be disposed of according to law. (6) that the Clerk of the Court shall enter a judgment consistent with this order. (Kanies, Renea)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION

UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
) Civil No. 11-04326-CV-C-NKL
)
UNITED STATES CURRENCY IN THE )
AMOUNT OF $21,389.00,
)
)
Defendant.
)

ORDER
Plaintiff, United States of America, has moved this Court, pursuant to Rule
55(b)(2) of the Federal Rules of Civil Procedure, for entry of a final judgment by default.
Plaintiff has shown that there was reasonable cause for seizure of the defendant property,
that a complaint for forfeiture was filed, that all known potential claimants were served
with process, and that any and all other claimants have been served by publication.
However, no potential claimant has filed a timely claim to the defendant property. See
U.S. v. Ford 250 Pickup 1990 VIN No. 1FTHX26M1LKA69552, 980 F.2d 1242, 1246 (8th
Cir. 1992) (affirming a Rule 55(b)(2) default judgment that granted, without a hearing,
forfeiture of property where no claimant made a proper claim for the property).
Therefore, it is hereby
ORDERED, ADJUDGED AND DECREED:
(1) that a default judgment of forfeiture is hereby entered against the defendant

property;
(2) that all persons claiming any right, title or interest in or to the defendant
property are held in default;
(3) that all claims and interests in the defendant property are forever foreclosed
and barred;
(4) that the defendant property is hereby forfeited to the United States of America
pursuant to 21 U.S.C. § 881(a)(6);
(5) that the defendant property shall be disposed of according to law.
(6) that the Clerk of the Court shall enter a judgment consistent with this order.

SO ORDERED, this 6th day of June, 2012.

s/ Nanette K. Laughrey
NANETTE K. LAUGHREY
United States District Judge

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