UNITED STATES OF AMERICA v. $29,250.00 in U. S. Currency
Default Judgment. Signed by Senior Judge W. Earl Britt on 10/17/2011. (Marsh, K)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
UNITED STATES OF AMERICA,
$29,250.00 IN U. S. CURRENCY,
) DEFAULT JUDGMENT
This matter is before the Court on Plaintiff's Motion for
It appearing that a copy of the Complaint
herein was served upon potential claimant of the defendant 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:
Process was duly issued in this cause and the defendant
were duly seized by the United States Marshal Service pursuant to
On March 23, 2011, Taisha Ortiz filed a claim as to the
However, Ms. Ortiz did not file an answer
as required by Rule G(5) of the Supplemental Rules for Admiralty
or Maritime and Asset Forfeiture Claims.
Entry of default
judgment is appropriate under such circumstances.
States v. $36,110.00, No. 4:08-CV-0029-TLW-TER, 2010 WL 6065117,
*2 (D.S.C. Dec. 17, 2010) (Report and Recommendation)
(recommending entry of default judgment where party filed a claim
but not an answer), adopted, 2011 WL 884168 (D.S.C. Mar. 14,
No other entitled persons have filed any claim to the
defendant nor answer regarding it within the time fixed by law;
The well-plead allegations of the Complaint in respect
to the defendant 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:
Default judgment be and the same is hereby entered
against the defendant;
All persons claiming any right, title, or interest in or
to the said defendant are held in default;
The defendant is forfeited to the United States of
The United States Marshal Service is hereby directed to
dispose of the defendant according to law.
This 17 October 2011.
W. Earl Britt
Senior U.S. District Judge
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