United States of America v. $28,182,00 in United States Currency

Filing 44

ORDER accepting 43 Memorandum and Recommendations; striking 25 Amended Answer of Claimant Artie Smith; granting 42 Renewed Motion for Entry of Default Judgment against Claim of Artie Smith. Signed by District Judge Martin Reidinger on 7/5/13. (Pro se litigant served by US Mail.)(ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-00008-MR-DLH

UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
vs.
)
)
$28,182.00 IN UNITED STATES
)
CURRENCY,
)
)
Defendant.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Government’s Renewed
Motion to Enter Default Judgment under Rule 37(b)(2)(A) against Claim of
Artie Smith [Doc. 42] and the Magistrate Judge’s Memorandum and
Recommendation regarding the same [Doc. 43].
Pursuant to 28 U.S.C. § 636(b) and the standing Orders of
Designation of this Court, the Honorable Dennis L. Howell, United States
Magistrate Judge, was designated to consider the Government’s Motion for
Default Judgment and to submit a recommendation for its disposition.
On June 12, 2013, the Magistrate Judge filed a Memorandum and
Recommendation in this case containing proposed findings and fact and
conclusions of law in support of a recommendation regarding the

Defendant’s Motion.

[Doc. 43].

The parties were advised that any

objections to the Magistrate Judge’s Memorandum and Recommendation
were to be filed in writing within fourteen (14) days of service. The period
within which to file objections has expired, and no written objections to the
Memorandum and Recommendation have been filed.
After a careful review of the Memorandum and Recommendation, the
Court finds that the Magistrate Judge’s proposed findings of fact are correct
and that his proposed conclusions of law are consistent with current case
law.

Accordingly, the Court hereby accepts the Magistrate Judge’s

Recommendation that the Amended Answer of Artie Smith should be
stricken and that a default judgment should be entered against him.
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 43] is ACCEPTED; the Amended Answer of
Claimant Artie Smith [Doc. 25] is hereby STRICKEN; and the
Government’s Renewed Motion to Enter Default Judgment under Rule
37(b)(2)(A) against Claim of Artie Smith [Doc. 42] is GRANTED.
The Clerk of Court shall enter a separate Default Judgment against
the Claimant Artie Smith.

2

IT IS SO ORDERED.

Signed: July 5, 2013

3