UNITED STATES OF AMERICA v. McCarty Personal Property

Filing 9

DEFAULT JUDGMENT in favor of UNITED STATES OF AMERICA against A 1994 Nissan Skyline, McCarty Personal Property, Specifically Described As A 1994 Nissan Skyline. Signed by Senior Judge James C. Fox on 9/26/2012. (Edwards, S.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION NO. 7:12-CV-113-F UNITED STATES OF AMERICA, Plaintiff, v. McCARTY PERSONAL PROPERTY, SPECIFICALLY DESCRIBED AS: A 1994 NISSAN SKYLINE, VIN: ECR 33030020, AND ANY AND ALL PROCEEDS FROM THE SALE OF SAID PROPERTY, Defendant. 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 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 U. S. Customs and Border Protection pursuant to said process; 1 2. No entitled persons have filed any claim to the defendant nor answer regarding them within the time fixed by lawj and 3. 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 defendantj 2. All persons claiming any right, title, or interest in or to the said defendant are held in defaultj 3. The defendant is forfeited to the United States of Americaj and 4. The U. S. Customs and Border Protection is hereby directed to dispose of the defendant according to law. SO ORDERED this 26th day of September, 2012. J S STATES DISTRICT JUDGE 2

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