United States of America v. McNair's Personal Property et al

Filing 11

DEFAULT JUDGMENT in favor of United States of America against A Ruger Pistol, And Any And All Accompanying Ammunition, McNair's Personal Property. Signed by Chief Judge James C. Dever III on 10/19/2017. (Briggeman, N.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO. 5:16-CV-396-D UNITED STATES OF AMERICA, Plaintiff, v. MCNAIR'S PERSONAL PROPERTY, SPECIFICALLY BESCRIBED AS: A RUGER 9MM SEMI-AUTOMATIC PISTOL, MODEL SR9C, SN: 334-18919, AND ANY AND ALL ACCOMPANYING AMMUNITION, Defendants. 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 defendants, 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 U. S. Bureau of Alcohol, Tobacco, Firearms and Explosives pursuant to said process; 1 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. 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. On August 31, 2017, this Court entered Default in this action at Docket Entry #9; 5. The U. S. Bureau of Alcohol, Tobacco, Firearms and Explosives is hereby directed to dispose of the defendants according to law, including destruction; and 2 6. Upon the entry of this judgment, the Clerk of Court is DIRECTED to close this case. SO ORDERED. This~ day of October 2017. JAM?c. DEVER III CHIEF UNITED STATES DISTRICT JUDGE 3

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