United States of America v. $115,413.00 In US Currency

Filing 35

ORDER denying 25 Motion to Dismiss for Failure to State a Claim. Signed by District Judge James C. Dever III on 11/18/2021. (Sellers, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DMSION
No. 5:20-CV-539-D
UNITED STATES OF AMERICA,
Plaintiff,

v.
$115,413 IN U.S. CURRENCY,
Defendant.

)
)
)
)
)
)
)
)
)

ORDER

On May 21, 2021, Ramon L. Lyon ("Lyon" or "claimant'') moved to dismiss plaintiff's
amended complaint for forfeiture [D.E. 25] and filed a memorandum in support [D.E. 25-1 ]. On July
12, 2021, plaintiff responded in opposition [D.E. 28]. On July 21, 2021, claimant replied [D.E.29].
On August 23, 2021, with the court's permission [D.E. 31], plaintiff filed a surreply [D.E. 30-2].
Having reviewed the amended complaint, the motion, the briefs, and the governing law, the

court DENIES claimant's motion to dismiss [D.E. 25].
SO ORDERED. This J.a day ofNovember, 2021.

JSC.DEVERID
United States District Judge

-