United States of America v. $2,300.00 United States Currency

Filing 38

ORDER ACCEPTING Judge McCarthy's 32 Report and Recommendation in its entirety; and FURTHER, DENYING Claimant's 31 Motion for Summary Judgment. Signed by William M. Skretny, Chief Judge U.S.D.C. on 7/16/2014. (Clerk mailed a copy of Order to Ms. Roberson). (CMD)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
Plaintiff,
v.

ORDER
13-CV-0300S

$2,300.00 UNITED STATES CURRENCY,
Defendant.

1.

In March 2013, the Government commenced this in rem action for the

forfeiture of $2,300.00 seized during the execution of a search warrant at Claimant Evelyn
Roberson’s residence. Claimant filed a notice of claim and answer in June of that year in
which she asserted an equitable or legal interest in those funds.
2.

This Court referred this case to the Honorable Jeremiah J. McCarthy, United

States Magistrate Judge, pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) for the purpose of,
in addition to previously referred pretrial matters, hearing and reporting upon dispositive
motions.

(Docket No. 30.) On June 11, 2014, after mediation attempts proved

unsuccessful, Claimant brought a motion for summary judgment. (Docket No. 31.)
3.

Judge McCarthy issued a Report and Recommendation on June 25, 2014

recommending that the motion be denied based on Claimant’s failure to make any
evidentiary showing of entitlement to judgment in her favor. Despite being expressly
advised that the failure to file appropriate objections by July 14, 2014 would result in waiver
of further review of this decision, no objections to the Report and Recommendation were
filed.

IT HEREBY IS ORDERED, that this Court accepts Judge McCarthy’s Report and
Recommendation (Docket No. 32) in its entirety;
FURTHER, that Claimant’s motion for summary judgment (Docket No. 31) is
DENIED.
SO ORDERED.
Dated: July 16, 2014
Buffalo, New York
s/William M. Skretny
WILLIAM M. SKRETNY
Chief Judge
United States District Court

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