United States of America v. $27,601.00 United States Currency
ORDER ADOPTING 13 REPORT AND RECOMMENDATION RE: government's 11 motion to strike claim is GRANTED and Rucker's claim is stricken. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 10/19/2017. (CMD)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
$27,601.00 UNITED STATES CURRENCY,
On May 18, 2017, the government commenced this action by filing a verified
complaint for forfeiture. Docket Item 1. On June 5, 2017, Lance Rucker filed a claim for
return of the currency. Docket Item 3. And on August 9, 2017, the government moved
to strike Rucker's claim. Docket Item 11.
On August 7, 2017, the Court referred this case to United States Magistrate
Judge Michael J. Roemer for all proceedings pursuant to 28 U.S.C. Section
636(b)(1)(A) and (B). Docket Item 9. After setting a briefing schedule and receiving no
submissions from Rucker, on September 27, 2017, Judge Roemer issued a Report and
Recommendation finding that the government's motion to strike should be granted.
Docket Item 13. The parties did not object to the Report and Recommendation, and the
time to do so now has expired. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2).
A district court may accept, reject, or modify the findings or recommendations of
a magistrate judge. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). A district court
must conduct a de novo review of those portions of a magistrate judge’s
recommendation to which objection is made. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P.
72(b)(3). But neither 28 U.S.C. Section 636 nor Federal Rule of Civil Procedure 72
requires a district court to review the recommendation of a magistrate judge to which no
objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985).
Although not required to do so in light of the above, this Court nevertheless has
reviewed Judge Roemer's Report and Recommendation. Based on that review and the
absence of any objections, the Court accepts and adopts Judge Roemer's
recommendation to grant the government's motion to strike Rucker's claim. Other than
filing a claim and entering an attorney appearance, neither Rucker nor his attorney has
done anything to pursue that claim. They did not answer the verified complaint despite
being notified that an answer was due twenty-one days after the claim was filed.
Docket Item 11 ¶¶ 4, 8. They did not appear at a conference before this Court on
August 7, 2017. Docket Item 10. They did not respond to the government's motion to
strike the claim, nor did they appear at a status conference before Judge Roemer.
Docket Item 13 at 3; see also Docket Item 12.
For the reasons stated above and in the Report and Recommendation, the
government's motion to strike, Docket Item 11, is GRANTED and Rucker's claim is
Dated: October 19, 2017
Buffalo, New York
s/Lawrence J. Vilardo
LAWRENCE J. VILARDO
UNITED STATES DISTRICT JUDGE
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