UNITED STATES OF AMERICA v. Leary Personal Property

Filing 15

DEFAULT JUDGMENT signed by Chief Judge James C. Dever III on 3/6/2013. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
NO.

4:12-CV-124-D

UNITED STATES OF AMERICA,
Plaintiff,
v.

LEARY PERSONAL PROPERTY,
SPECIFICALLY DESCRIBED AS:
A HI-POINT, MODEL JHP, .45 CALIBER
PISTOL, 4 5/8 INCH BARREL, BLACK
FINISH, SERIAL NUMBER 4140055;
A REMINGTON, MODEL 597, .22 CALIBER
BOLT ACTION RIFLE, 20 INCH BARREL,
COMPOSITE FINISH, SERIAL NUMBER
C2643790;
A NORINCO MODEL SKS, 7.62 MM RIFLE,
16.5 INCH BARREL, CAMMO FINISH,
SERIAL NUMBER 9352457T;
A NORINCO, MODEL SKS,7.62 MM RIFLE,
20 3/8 INCH BARREL, SERIAL NUMBER
9102714;
A SAVAGE, MODEL 9478, 20 GAUGE
BREAK-OPEN SINGLE SHOT SHOTGUN,
28 INCH BARREL, SERIAL NUMBER
D707309;
A WINCHESTER, MODEL 67, .22 CALIBER
RIFLE, NO SERIAL NUMBER;
A NAVY ARMS INT, MODEL COUNTRY BOY
1-32, .50 CALIBER BLACK POWDER
RIFLE, SERIAL NUMBER 102376;
THREE ROUNDS OF ASSORTED
MANUFACTURE .45 CALIBER AMMUNITION;
Defendants.

DEFAULT JUDGMENT

This matter is before the Court on Plaintiff's Motion for
Default Judgment.

It appearing that a copy of the Amended

Complaint herein was served upon the potential claimants of the
defendants and that publication was not required, in accordance
with Supplemental Rule G(4), and, thus, that due notice was given
accordingly, the Court finds that:
1.

Process was duly issued in this cause and the defendant

was duly seized by the Bureau of Alcohol, Tobacco, Firearms and
Explosives pursuant to said process;
2.

No entitled persons have filed any claim to the defendant

nor answer regarding them within the time fixed by law; and
3.

The well-plead allegations of the Amended Complaint in

respect to the defendants are taken as admitted,

as no one has

appeared to deny the same.
Based upon the above findings,

it is hereby

ORDERED AND ADJUDGED that:
1.

Default judgment be and the same is hereby entered against

the defendants;
2.

All persons claiming any right, title, or interest in br

to the said defendants are held in default;
3.

The defendants

are

forfeited

to

the

United States of

America;
4.

#__j!{__;

This Court entered Default in this action at Docket Entry
and
2

5.

The Bureau of Alcohol, Tobacco, Firearms and Explosives is

hereby directed to dispose of the defendant according to law.
SO ORDERED this

~

day of

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