United States of America v. $41,691.00 in U.S. Currency

Filing 15

DEFAULT JUDGMENT OF FORFEITURE. Signed by District Judge James C. Dever III on 9/24/2024. (Mann, Stephanie)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:23-CV-699-D

UNITED STATES OF AMERICA,
Plaintiff,

v.
$41,691.00 IN U.S. CURRENCY,
Defendant.

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DEFAULT JUDGMENT
OF FORFEITURE
(FED. R. CIV. P. 55(b))

This matter is before the Court on Plaintiff United States of America's Motion
for Default Judgment against the Defendant $41,691.00 in U.S. Currency. It appears
from the record that Plaintiff provided direct notice of this in rem forfeiture matter
to known claimants and separately published the requisite n~tice on an official
internet government forfeiture site in accordance with Supplemental Rule G(4) of the
Supplemental Rules of Admiralty or Maritime Claims and Asset Forfeiture (the

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"Supplemental Rules"). Accordingly, with due notice having been provided by the
United States as required under the Supplemental Rules, the Court finds that:

1.

Process was duly issued in this cause and the Defendant was duly served

by the United States Department of Homeland Security, Customs and Border
Protection pursuant to said process;
2.

Fares Albahr filed a claim but failed to file an answer within 21 days

thereof, and no other party has timely filed a claim to the Defendant or answer to the
Plaintiffs Complaint. Therefore, no proper responsive pleading to the Complaint was

ever filed with this court within the time fixed by law and in accordance with the
requirements of the Supplemental Rules, see United States v. $36,110.00 in U.S.

Currency, No. 4:08-CV-29, 2010 WL 6065117, at *2 (D.S.C. Dec. 17, 2010) (report and
recommendation), approved and adopted, 2011 WL 884168 (Mar. 14, 2011);
3.

On June 18, 2024, this Court entered Default in this action at Docket

Entry 13; and
4.

The well-pled allegations of the Complaint with respect to the Defendant

is taken as admitted, as no one has denied the same.
Based upon the above findings, it is hereby
ORDERED AND ADJUDGED that:
1.

Default judgment be and the same 1s hereby entered against the

Defendant $41,691.00 in U.S. Currency;
2.

All persons claiming any right, title, or interest m or to the said

Defendant are held in Default;
3.

The Defendant 1s forfeited to the United States of America for

disposition according to law;
4.

The United States shall have clear title to the Defendant and may

warrant good title to any subseque:g.t purchaser or transferee pursuant to 21 U.S.C.
§ 853(n)(7); and
5.

Upon the entry of this judgment, the Clerk of Court is DIRECTED to

close this case.

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SO ORDERED. This the .t.f_ day of September, 2024.

United States District Judge

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