UNITED STATES OF AMERICA v. Claudio Personal Property, et al

Filing 20

DEFAULT JUDGMENT - Signed by District Judge Louise Wood Flanagan on 09/12/2013. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:12-CV-163-FL
UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
)
)
CLAUDIO PERSONAL PROPERTY,
)
SPECIFICALLY DESCRIBED AS:
)
A WINCHESTER SHOTGUN, MODEL 1300,
)
12 GAUGE, SERIAL NUMBER L2479573;
)
A HARRINGTON AND RICHARDSON
)
SHOTGUN, MODEL PARDNER, .410 GAUGE, )
SERIAL NUMBER HX209138;
)
A WINCHESTER RIFLE, MODEL 94,
)
30-30 CALIBER, SERIAL NUMBER 4641455;)
A NORINCO RIFLE, MODEL SKS,
)
7.62 CALIBER, SERIAL NUMBER 1516103; )
A MOSIN-NAGANT RIFLE, MODEL 27,
)
7.62 CALIBER, SERIAL NUMBER 77096;
)
A MOSIN-NAGANT RIFLE, MODEL 27,
)
7.62 CALIBER, SERIAL NUMBER 75734;
)
A MOSIN-NAGANT RIFLE, MODEL 27,
)
7.62 CALIBER, SERIAL NUMBER 80073;
)
A MARLIN FIREARMS COMPANY RIFLE,
)
MODEL 60, .22 CALIBER, SERIAL NUMBER )
12518008;
)
A SAVAGE ARMS INC. RIFLE,
)
MODEL MARK II, .22 CALIBER, SERIAL
)
NUMBER 1005416;
)
A CESKA ZBROJOVKA RIFLE, MODEL CZ52, )
7.62 CALIBER, SERIAL NUMBER E11777; )
A SMITH & WESSON SHOTGUN,
)
MODEL EASTFIELD 916, 12 GAUGE, SERIAL)
NUMBER B91796;
)
A SMITH & WESSON HANDGUN, MODEL SW9V,)
9MM, SERIAL NUMBER PAY2652;
)
AND ANY AND ALL ACCOMPANYING
)
AMMUNITION,
)
)
Defendants.
)
1

DEFAULT JUDGMENT

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

It appearing that a copy of the Complaint

herein was served upon the potential claimant of the defendants
and that publication has been duly made, 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

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

Although Paul Claudio, appearing pro se, has made an

appearance and filed a Motion which was denied by this Court, he
has filed neither claim nor answer in this proceeding, and no
other entitled persons have filed any claim to the defendants
nor answer regarding them within the time fixed by law; and
3.

The well-plead allegations of the 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

or to the said defendants are held in default;
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3.

The defendants are forfeited to the United States of

America; and
4.

The Bureau of Alcohol, Tobacco, Firearms and Explosives

is hereby directed to dispose of the defendants according to
law, including destruction.
SO ORDERED this 12th day of ___________________, 2013.
__
September
___________________________
LOUISE W. FLANAGAN
UNITED STATES DISTRICT JUDGE

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