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.)

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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

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