United States of America v. Real Property Located at 120 Teriwood Street, Fern Park, Florida 32730 et al

Filing 37

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the record and, finding no clear error, adopts the R&R. Accordingly, the Court grants the Government's motion for default judgment against the 120 Teriwood Street and 115 Eastwind Lane properties, and orders those properties forfeited to the Government.Ordered by Judge Carol Bagley Amon on 7/6/2020. (fwd for Judgment) (Fernandez, Erica)

Case 1:16-cv-06101-CBA-RER Document 37 Filed 07/07/20 Page 1 of 2 PageID #: 199

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------------------------------x
UNITED STATES OF AMERICA,
-againstREAL PROPERTY LOCATED AT 120
TERIWOOD STREET, FERN PARK, FLORIDA
32730 et al.,
Defendants in rem
----------------------------------------------------------x
AMON, United States District Judge:

NOT FOR PUBLICATION
MEMORANDUM & ORDER
16-CV-06101 (CBA)(RER)

The United States of America (the “Government”) brought this in rem civil forfeiture
action on November 14, 2016 against three parcels of real property in Fern Park, Florida pursuant
to 18 U.S.C. § 981(a)(1)(A) and (C). (ECF Docket Entry (“D.E.”) # 1.) Claimants to the 163
Fallwood Street property settled with the Government. (D.E. # 31.) No claims or answers were
filed for the other two parties, and the Clerk of Court entered default against the 120 Teriwood
Street and 115 Eastwind Lane properties on October 29, 2018. (D.E. # 15.) The Government
moved for default judgment against those two properties on October 23, 2019, (D.E. # 32), and
this Court referred the motion to the Honorable Ramon E. Reyes, United States Magistrate Judge,
for report and recommendation (“R&R”), (D.E. dated 10/23/2019). On May 19, 2020, Magistrate
Judge Reyes issued a thorough and well-reasoned R&R recommending that the Government’s
motion for default judgment against the Teriwood and Eastwind properties be granted and that the
Court order those properties be forfeited to the Government. (D.E. # 35 at 15.)
No party has objected to the R&R, and the time for doing so has passed. When deciding
whether to adopt an R&R, a district court “may accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). To accept
those portions of the R&R to which no timely objection has been made, “a district court need only
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Case 1:16-cv-06101-CBA-RER Document 37 Filed 07/07/20 Page 2 of 2 PageID #: 200

satisfy itself that there is no clear error on the face of the record.” Jarvis v. N. Am. Globex Fund,
L.P., 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011) (internal quotation marks and citation omitted).
The Court has reviewed the record and, finding no clear error, adopts the R&R.
Accordingly, the Court grants the Government’s motion for default judgment against the 120
Teriwood Street and 115 Eastwind Lane properties, and orders those properties forfeited to the
Government.

SO ORDERED.
Dated: July 6, 2020
Brooklyn, New York

___/s/ Carol Bagley Amon_______
Carol Bagley Amon
United States District Judge

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