United States of America v. $33,984.00 in United States Currency

Filing 35

ORDER granting the plaintiff's 33 Motion to Strike. The Clerk of Court is ordered to strike Bowens Answer, Filing No. 20 and Claim, Filing No. 14 , and enter a Clerks entry of default against Eric Bowen. The findings and recommendation of the magistrate judge 34 is adopted in its entirety. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,

8:12CV65

vs.
ORDER
$33,984.00 IN UNITED STATES
CURRENCY,
Defendant.

This matter is before the court on the findings and recommendation of the
magistrate judge, Filing No. 34. The magistrate judge concluded that the claimant Eric
Bowen has consistently failed to provide requested discovery and has acted in a
manner that prejudices plaintiff’s ability to present its case and defend against Bowen’s
claims on the defendant currency. The Court has carefully reviewed the findings and
recommendation of the magistrate judge and determines it is accurate in all respects.
THEREFORE, IT IS ORDERED that pursuant to Fed. R. Civ. P. 4(m), NECivR
41.2, and Fed. R. Civ. P. 37:
1. The findings and recommendation of the magistrate judge, Filing No. 34, is
adopted in its entirety.
2. The plaintiff’s motion to strike, Filing No. 33, is granted.
3. The Clerk of Court is ordered to strike Bowen’s Answer, Filing No. 20 and Claim,
Filing No. 14, and enter a Clerk’s entry of default against Eric Bowen.
Dated this 5th day of April, 2013.

BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge