United States of America v. Ellis' Personal Property et al

Filing 11

DEFAULT JUDGMENT in favor of United States of America against A Glock, Model 22 Pistol, A Iberia Model JCP, Eleven (11) Rounds of Ammunition, Ellis' Personal Property, Twenty-Three (23) Rounds of Ammunition. Signed by Chief Judge James C. Dever III on 12/1/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO.
5:17-CV-304-D

UNITED STATES OF AMERICA,
Plaintiff,
v .

. ELLIS' PERSONAL PROPERTY,
SPECIFICALLY DESCRIBED AS:
A IBERIA MODEL JCP .40 CALIBER
PISTOL, BEARING SERIAL NUMBER
X799138, AND ELEVEN (11) ROUNDS
OF .40 CALIBER WINCHESTER-WESTERN)
AMMUNITION; AND
)
A GLOCK, MODEL 22, .40 CALIBER
)
PISTOL, BEARING SERIAL NUMBER
)
FDS268, AND TWENTY-THREE (23)
)
ROUNDS OF ASSORTED .40 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 Complaint herein

was served upon the defendants,
Rule G(4), and, thus,
Court finds that:

'

in accordance with $upplemental

that due notice was given accoidingly,

the

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;
I

2.

No entitled persons have filed any claim to th~ 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 October 30, 2017, this Court entered Default in this

action at Docket Entry #9;
5.

The Bureau of Alcohol, Tobacco, Firearms and Explosives

is hereby directed to dispose of the defendants according to law,

-

including destruction; and
6.

I

I

I
I

Upon the entry of this judgment, the Clerk :of' Court is

DIRECTED to close this case.
2

so ORDERED. This-'- day of December 2017.

~J.Ai'Jls c. hpvfk\.III
DEVER
CHIEF UNITED STATES DISTRICT·JUDGE

3