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

Filing 18

ORDER Sellarole having not complied with the Courts 17 Order and filed an answer, the Court STRIKES the 6 Claim of Robert. A. Sellarole pursuant to Fed. Civ. P. Supp. R. G(8)(c)(i)(A); and the Court ADVISES the Government to file a motion for default judgment in this case. Signed by Magistrate Judge Dennis Howell on 10/27/11. (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
Plaintiffs,
v.
$6,357.00 in United States Currency,
Defendant.
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ORDER

Previously, the Court denied without prejudice the Government’s Motion to
Strike Claim. (Order, Oct. 6, 2011.) The Court granted Claimant Robert A.
Sellarole one final opportunity to file an answer to the Complaint prior to striking
the claim. The Court gave Sellarole until October 19, 2011, to file his answer. In
addition the Order stated that:
The Court INSTRUCTS Sellarole that the failure to file the answer by
October 19, 2011, will result in the Court striking his claim pursuant to
Fed. Civ. P. Supp. R. G(8)(c)(i)(A). The Court will not grant Sellarole
an extension of time for filing the answer.
(Order at 4-5.)
To date, Sellarole has not complied with the Court’s Order and filed an
answer. Accordingly, the Court STRIKES the claim of Robert. A. Sellarole
pursuant to Fed. Civ. P. Supp. R. G(8)(c)(i)(A). The Court ADVISES the

Government to file a motion for default judgment in this case.
Signed: October 27, 2011