United States of America v. McDaniel Personal Property

Filing 15

ORDER denying 11 Motion for Entry of Default and denying as moot 12 Motion for Default Judgment - Signed by Julie A. Richards, Clerk of Court on 09/11/2013. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No.7: 12-CV-314-FL
UNITED STATES OF AMERICA,
Plaintiff,
v.

MCDANIEL PERSONAL PROPERTY,
SPECIFICALLY DESCRffiED AS:
A 2004 CADILLAC ESCALADE,
VIN: 1GYEK63NX4R103870,
AND ANY AND ALL ATTACHMENTS
THEREON; AND ANY AND ALL
PROCEEDS FROM SALE OF SAID
PROPERTY,
Defendant.

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ORDER DENYING
ENTRY OF DEFAULT

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On October 31, 2012, the United States of America ("United States of America" or
"plaintiff') filed this civil action in rem under 21 U. S.C. § 881 (a)(4) for forfeiture against McDaniel
Personal Property, specificallydescribedasa2004 CadillacEscalade, VIN: 1GYEK63NX4R103870
("vehicle"), and any and all attachments thereon; and any and all proceeds from the sale of said
property ("defendant") [D .E. 1]. According to the declaration of Harold W. Jordan, Special Agent,
Drug Enforcement Administration, United States Department of Justice, the vehicleis owned by Eric
Eldon McDaniel ("McDaniel")[D.E. 1-1]. Plaintifffiledaffidavitsofservice on the vehicle[D.E. 7]
and McDaniel [D.E. 8]. On July 25, 2013, the United States of America moved for entry of default
against defendant for failure to file an answer or otherwise respond [D.E. 11]. On August 14, 2013,
McDaniel filed a claim to the vehicle [D.E. 14]. The motion for entry of default is before the
undersigned for disposition.

Rule55(a) oftheFederalRulesofCivilProcedure provides for entry of default against a party
who "has failed to plead or otherwise defend." Because McDaniel filed a claim or response to the
complaint, default is not appropriate. Therefore, plaintiff smotion for entry of default is DENIED
[D.E. 11] and plaintiffs motion for default judgment is DENIED as moot [D.E. 12].
SO ORDERED. This \

~ay of September, 2013.

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