United States of America v. $6,000.00 in United States Currency

Filing 17

DEFAULT JUDGMENT AND DECREE OF FORFEITURE - The Motion for Default Judgment and Decree of Forfeiture 16 filed by Plaintiff is hereby sustained. All right, title or interest in or to the Defendant property held by any person or entity is hereby for ever barred and foreclosed. The Defendant property be and the same hereby is forfeited to the United States of America. The Defendant property shall be disposed of by the U. S. Marshals Service in accordance with law. Ordered by Chief Judge Joseph F. Bataillon. (1 Certified copy to USM)(TCL )

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
$6,000.00 IN UNITED
STATES CURRENCY,
Defendant.

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8:10CV257
DEFAULT JUDGMENT AND
DECREE OF FORFEITURE

NOW ON THIS 20th day of June, 2011, this matter comes on before the Court upon
Plaintiff's Motion for Default Judgment and Decree of Forfeiture against the Defendant and any
unknown claimants. Plaintiff is presently represented by Nancy A. Svoboda, Assistant United States
Attorney. The Defendant is not present, neither personally nor through counsel. No Claimants are
present, neither personally nor through counsel. Upon review of the record of this case, the Court,
being duly advised in the premises, finds as follows:
1.

A Complaint for Forfeiture was filed herein on July 12, 2010. A Warrant for Arrest

in Rem was issued by this Court and was properly executed on the Defendant property by the U.S.
Marshals Service.
2.

Publication of the notice of this action and of the arrest of the Defendant property was

duly made pursuant to Order of this Court dated August 6, 2010.
3.

On April 9, 2011, service of the Verified Complaint, Notice of Seizure and

Procedure and Warrant In Rem was made on Elizabeth Headlee by the U.S. Marshals Service as
evidenced by Filing No. 11, a Process Receipt and Return. The Return states Ms. Headlee was
served by certified mail on April 9, 2011.

4.

No person or entity entitled to the Defendant property has filed a Claim or an Answer

to Plaintiff's Complaint within the time fixed by law.
5.

The Plaintiff's Request to Enter Default was granted by this Court on May 16, 2011.

6.

Plaintiff's Motion for Default Judgment and Decree of Forfeiture should be sustained.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
A.

The Motion for Default Judgment and Decree of Forfeiture filed by Plaintiff is hereby

sustained.
B.

All right, title or interest in or to the Defendant property held by any person or entity

is hereby forever barred and foreclosed.
C.

The Defendant property be and the same hereby is forfeited to the United States of

America.
D.

The Defendant property shall be disposed of by the U. S. Marshals Service in

accordance with law.

BY THE COURT:

s/ Joseph F. Bataillon
United States District Court