UNITED STATES OF AMERICA v. Canady Personal Property et al

Filing 9

DEFAULT JUDGMENT as to Defendant signed by Chief Judge James C. Dever III on 12/5/2012. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA

SOUTHERN DIVISION

NO. 7:ll·CV-76-D

UNITED STATES OF AMERICA,
Plaintiff,

v.

)

)

)

)

)

)
CANADY PERSONAL PROPERTY,
)
SPECIFICALLY:
)
A Harrington and Richardson, Model 733, )
.32 Caliber Revolver, SN: Z1911;
)
A Remington Arms Company, Inc.,
)
Model 1100, 12 Gauge Shotgun,
)
SN: M800766V;
)
A Marlin Firearms Co., Model 60,
)
.22 Caliber Rifle, SN: 17349739;
)
A Browning Twelvette 12 Gauge Shotgun, )
No Visible Serial Number;
)
A Beretta USA Corp., Model 21,
)
.25 Caliber Semi· Automatic Pistol,
)
SN: DAA307690;
)
A Rossi, Model 68, .38 Caliber Revolver )
SN: AA087522;
)
And Approximately One Hundred and
)
)
Ninety Seven (197) Rounds of
Assorted Ammunition Seized from Harry )
Dean Canady,
)
)
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 potential claimant of the defendants

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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:
I. Process was duly issued in this cause and the defendants were duly seized by the
Bureau of Alcohol, Tobacco, Firearms and Explosives pursuant to said process;
2. No entitled persons have filed any claim to the 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. This Court entered Default in this action at Docket Entry #~;
5. The Bureau of Alcohol, Tobacco, Firearms and Explosives is hereby directed to
dispose of the defendants according to law, including destruction; and
6. Upon the entry of this judgment, the Clerk of Court is DIRECTED to close this case.
SO ORDERED this

S"' day of

D.2 C.Q. M.~

, 2012.

JAMES C. DEVER, III
CHIEF
!TED STATES DISTRICT JUDGE

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