United States of America v. $6,357.00 in United States Currency

Filing 14

ORDER Claimant file his written response to 12 Gov's MOTION to Strike.(Responses due by 8/26/2011.) Signed by Magistrate Judge Dennis Howell on 8/11/11. (Pro se litigant served by US Mail.) (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11cv29
UNITED STATES OF AMERICA

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Plaintiffs,
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v.
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$6,357.00 in United States Currency,
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Defendant.
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___________________________________ )

ORDER

Pending before the Court is the Motion to Strike Claim and for Judgment on
Pleadings [# 12] filed by the Government. The Court will advise Claimant, who is
proceeding pro se, of his obligation to respond and the time for doing so.
In accordance with Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975),
claimant is cautioned that the Government has filed a Motion to Strike Claim and for
Judgment on the Pleadings contending that the Court should enter Judgment against
Claimant because he has not filed an answer and the time for doing so has expired.
A claimant must serve and file an answer to the complaint or a Rule 12 motion
within twenty days of filing a claim. Supplemental Rule G(5)(b). The Supplemental
Rules further provide that a claim may be stricken for failing to comply with this Rule.
Rule G(8)(c)(i)(A).
The Court advises Claimant that he should respond to the Government’s Motion

to Strike. Claimant should address whether he filed an answer or Rule 12 motion after
filing his claim, and whether his claim is subject to being stricken as a result of any
failure to do so. The court advices Claimant that the method for responding requires
his filing a written “response” to the Government’s motion within the time allowed
by this Order. A copy of such response must be sent to counsel for all other parties,
and Claimant must certify that he has made such service in a “certificate of service”
indicating the manner in which such service was made. Claimant shall have until
August 26, 2011, to file his response.

ORDER
IT IS, THEREFORE, ORDERED that Claimant file his written response to
the Government’s Motions to Strike [# 12] by August 26, 2011.

Signed: August 11, 2011