UNITED STATES OF AMERICA v. $4,794.09 in U. S. Currency

Filing 18

DEFAULT JUDGMENT - Signed by Chief Judge Louise Wood Flanagan on 09/26/2011. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO. 7:11-CV-34-FL
UNITED STATES OF AMERICA,
Plaintiff,
v.
$4,794.00 IN U. S. CURRENCY,
Defendant.

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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 record owner, Tremell Rashaud
McKinney, of the defendant and that publication has been duly
made, 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 defendant

was duly seized by the United States Marshal Service pursuant to
said process;
2.

On February 22, 2011, the United States attempted

service via certified mail return-receipt upon potential
claimant, Nakesha McCray, at her last known address, 81 Shelley
Road, Hampstead, NC 28443.

The certified mail return-receipt was

returned unclaimed by the U. S. Postal Service on February 25,
2011.

On May 11, 2011, the United States, again in an attempt to

effect service upon potential claimant, Nakesha McCray, issued a
USM-285 Process Receipt and Return Form to the U. S. Marshal

Service for personal service at 1794 Liz Lane, NE, Leland, North
Carolina, 130 Dupree Drive, Apt. 6, Wilmington, North Carolina,
and/or 1238 Carnation Court, Wilmington, North Carolina.

On June

1, 2011, the U. S. Marshal’s Service filed the USM-285 Process
Receipt and Return Form with the Court advising of its
unsuccessful attempts made to effect personal service upon
potential claimant, Nakesha McCray (Doc. #11).
notice by publication has also been made.

Appropriate

Thus, every reasonable

attempt to actually provide notice to the potential claimant has
been made.
3.

No entitled persons have filed any claim to the

defendant nor answer regarding it within the time fixed by law;
and
4.

The well-plead allegations of the Complaint in respect

to the defendant 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 defendant;
2.

All persons claiming any right, title, or interest in or

to the said defendant are held in default;
3.

The defendant is forfeited to the United States of

America; and

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4.

The United States Marshal Service is hereby directed to

dispose of the defendant according to law.
SO ORDERED this 26th day of September, 2011.

LOUISE W. FLANAGAN
CHIEF UNITED STATES DISTRICT JUDGE

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