UNITED STATES OF AMERICA v. Ryan and Andrus Personal Property et al

Filing 11

DEFAULT JUDGMENT signed by Chief Judge James C. Dever III on 8/25/2013. (Sawyer, D.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No. 4:13-CV-4-D UNITED STATES OF AMERICA, Plaintiff, v. RYAN AND ANDRUS PERSONAL PROPERTY, SPECIFICALLY DESCRIBED AS: A HANDGUN, MANUFACTURER: RUGER, TYPE: PISTOL, MODEL: P90DC, CALIBER: .45, SERIAL NUMBER 66074357; A SHOTGUN, MANUFACTURER: HARRINGTON AND RICHARDSON, TYPE: SHOTGUN, MODEL: TOPPER 158, CALIBER: 20, SERIAL NUMBER AF232103; A SHOTGUN, MANUFACTURER: WINCHESTER, TYPE: SHOTGUN, MODEL: RANGER 120, CALIBER 12, SERIAL NUMBER L2011946; A RIFLE, MANUFACTURER: MARLIN FIREARMS COMPANY, TYPE: RIFLE, MODEL: 60, CALIBER 22, SERIAL NUMBER 16413540; A RIFLE, MANUFACTURER: ROMARM/CUGIR, TYPE: RIFLE, MODEL: SAR-1, CALIBER: 762, SERIAL NUMBER S1735002003;) A SHOTGUN, MANUFACTURER: MOSSBERG, ) TYPE: SHOTGUN, MODEL: 500EG, ) CALIBER 410, SERIAL NUMBER H854334; ) A RIFLE, MANUFACTURER: REMINGTON ARMS ) COMPANY, INC., TYPE: RIFLE, MODEL: 1917,) CALIBER: 30-06, SERIAL NUMBER 302199; ) A HANDGUN, MANUFACTURER: RUGER, ) TYPE: REVOLVER, MODEL: SINGLE SIX, ) CALIBER: 22, SERIAL NUMBER 2073046; ) A RIFLE, MANUFACTURER: MOSSBERG, ) TYPE: RIFLE, MODEL: 100ATR, ) CALIBER: 30-06, SERIAL NUMBER BA161608; ) ) AND ) ) DEFAULT JUDGMENT ANY AND ALL ACCOMPANYING AND ASSORTED AMMUNITION, QUANTITY: 39, MANUFACTURER: REMINGTON, CALIBER: 45 AND) QUANTITY: 4, MANUFACTURER: WINCHESTER- ) WESTERN, CALIBER: 45; ) ) AND ) ) FIREARM PARTS AND ACCESSORIES, DESCRIBED) ) AS: A BLACK SHOULDER FIREARM HOLSTER, A RIFLE BARREL FOR A .30-.30 WINCHESTER,) AND A TAN IN COLOR SOFT PISTOL CASE, ) ) Defendants. ) 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: l. 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. No 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. 2 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; 3. The defendants are forfeited to the United States of America; 4. Entry # 5. This Court entered Default in this action at Docket /0 ; and The Bureau of Alcohol, Tobacco, Firearms and Explosives is hereby directed to dispose of the defendants according to law, including destruction. SO ORDERED this ZJrday of ~~~u~~~u~s~t~--------' 2013. JAME CHIE 3 C. DEVER, III UNITED STATES DISTRICT JUDGE

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