United States of America v. $27,601.00 United States Currency

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION 19 . The government's motion for default judgment 15 is GRANTED, and the Clerk of Court will issue the default judgment and order of forfeiture. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 2/1/2018.(CMD)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

UNITED STATES,
Plaintiff,
v.

17-CV-442
ORDER

$27,601.00 UNITED STATES
CURRENCY,
Defendant.

On May 18, 2017, the government commenced this action for the forfeiture of
currency seized from Lance Rucker. Docket Item 1. On August 7, 2017, this Court
referred this case to United States Magistrate Judge Michael J. Roemer for all
proceedings under 28 U.S.C. § 636(b)(1)(A) and (B). Docket Item 9.
On June 5, 2017, Rucker filed a claim to the currency, Docket Item 3, but he
never answered the complaint. The government therefore moved to strike Rucker's
claim, Docket Item 11, and after Rucker did not respond, that motion was granted,
Docket Item 14. On November 2, 2017, the government moved for default judgment.
Docket Item 15. Again, Rucker never responded. On January 3, 2018, Judge Roemer
issued a Report and Recommendation finding that the government's motion should be
granted and that this Court should enter a default judgment 1 and order the forfeiture
under 21 U.S.C. § 881(a)(6). Docket Item 19. Neither Rucker nor anyone else objected

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In the meantime, the Clerk of Court entered a default on December 1, 2017,
Docket Item 17, at the government's request, Docket Item 16.

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. § 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 raised. 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.
For the reasons stated above and in the Report and Recommendation, the
government's motion for default judgment, Docket Item 15, is GRANTED; and the Court
will issue the default judgment and order of forfeiture.

SO ORDERED.
Dated:

February 1, 2018
Buffalo, New York

s/Lawrence J. Vilardo
LAWRENCE J. VILARDO
UNITED STATES DISTRICT JUDGE

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