United States of America v. $100,000.00 in United States Currency

Filing 45

ORDER granting 44 Motion to Strike. The claims of Melanie Sia Vang and Yang Chue Her are dismissed, with prejudice, for want of prosecution. Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)

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

8:12CV223

vs.
MEMORANDUM AND ORDER
$100,000.00 IN UNITED STATES
CURRENCY,
Defendant.
The claims of Melanie Sia Vang were dismissed for want of prosecution. See Filing Nos.
32, 34, 39, and 42. Counsel for claimant Yang Chue Her was granted leave to withdraw. Yang
Chue Her was given until April 29, 2013, to either: (a) obtain the services of counsel and have
that attorney file an appearance in this case; or (b) file a statement notifying the court of
defendant’s intent to litigate this case without the assistance of counsel. The order warned that
the failure to comply may result in a dismissal of Yang Chue Her’s claims without further notice.
Filing No. 41. This order was promptly served on Yang Chue Her. (Filing No. 43). Yang Chue
Her did not timely comply.
On May 15, 2013, the government moved to strike and to dismiss all claims in this case.
The motion was served on Melanie Sia Vang and Yang Chue Her. (Filing No. 44). Neither
claimant has responded and the deadline for responding has passed.
Accordingly,
IT IS ORDERED:
1)

The government’s motion to strike and to dismiss all claims of Melanie Sia Vang
and Yang Chue Her, (Filing No. 44), is granted.

2)

The claims of Melanie Sia Vang and Yang Chue Her are dismissed, with
prejudice, for want of prosecution.

3)

Judgment will be entered in accordance with this memorandum and order.

June 13, 2013.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge