United States of America v. $32,780.00 in United States Currency

Filing 52

DEFAULT JUDGMENT AND DECREE OF FORFEITURE - The Plaintiff's Motion for Default Judgment and Decree of Forfeiture (Filing No. 51 ) is granted. All right, title and interest in or to the Defendant currency held by any person or entity is h ereby forever barred and foreclosed. The Defendant currency shall be and the same hereby is forfeited to the United States of America. The Defendant currency shall be disposed of by the United States of America in accordance with law. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,
8:15CV131

Plaintiff,
vs.
$32,780.00 IN UNITED STATES
CURRENCY,

DEFAULT JUDGMENT AND DECREE OF
FORFEITURE

Defendant.

This matter comes before the Court upon Plaintiff=s Motion for Default Judgment and
Decree of Forfeiture (Filing No. 51) against the Defendant, $32,780.00 in United States Currency,
Raymond G. Rivera and any other unknown individuals. Plaintiff is represented by Douglas J.
Amen, Special Assistant United States Attorney. No claimants have entered an appearance, either
personally or 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 In Rem was filed herein on April 21, 2015, (Filing No.

1). A Warrant for Arrest In Rem was issued by this Court and was properly served on the
Defendant property by the U.S. Marshals Service, (Filing No. 5).
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 May 6, 2015, (Filing No. 7). A Declaration
of Publication was filed on June 29, 2015, (Filing No. 12).
3.

On May 8, 2015, Raymond G. Rivera filed a Claim (Filing No.8) herein. By Text

order dated May 25, 2016 (Filing No. 46), said Claim was deemed dismissed.

4.

A Clerk’s Entry of Default was entered against Raymond G. Rivera on July 1, 2016

(Filing No. 50).
5.

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

Answer in response to Plaintiff’s Complaint for Forfeiture In Rem within the time fixed by law.
6.

The Plaintiff=s Motion for Default Judgment and Decree of Forfeiture should

therefore be granted.
IT IS ORDERED:
A.

The Plaintiff’s Motion for Default Judgment and Decree of Forfeiture (Filing
No. 51) is granted;

B.

All right, title and interest in or to the Defendant currency held by any person or
entity is hereby forever barred and foreclosed.

C.

The Defendant currency shall be and the same hereby is forfeited to the United
States of America.

D.

The Defendant currency shall be disposed of by the United States of America in
accordance with law.

Dated this 7th day of July, 2016.
BY THE COURT:
s/ Thomas D. Thalken
THOMAS D. THALKEN,
MAGISTRATE JUDGE

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