United States of America

Filing 7

ORDER dismissing 5 Claim of Roy Leonard Calhoun. Signed by District Judge Martin Reidinger on 10/28/13. (Pro se litigant served by US Mail.)(nll)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13-cv-00228-MR-DLH

UNITED STATES OF AMERICA,

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Plaintiff,
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vs.
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2825 MUDCUT ROAD, MARION,
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McDOWELL COUNTY, NORTH
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CAROLINA,
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Defendant.
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_______________________________ )

ORDER

THIS MATTER is before the Court on the claim of ownership filed by
Roy Leonard Calhoun [Doc. 5].
On October 4, 2013, the Court entered an Order directing the
Claimant to file an amended claim signed under penalty of perjury within
fourteen days. [Doc. 6]. The Claimant was specifically warned that “failure
to file a claim signed under penalty of perjury within the time provided may
result in the dismissal of his claim.” [Id. at 2]. The deadline set by the
Court for the filing of an amended claim has passed, and no amended
claim was filed.

“A claimant who fails to file a verified statement has no standing to
contest a forfeiture.” United States v. Loria, No. 3:08cr233-2, 2009 WL
3103771, at *2 (W.D.N.C. Sept. 21, 2009) (quoting United States v.
$487,825,000 in U.S. Currency, 484 F.3d 662, 664-65 (3d Cir. 2007)).
Accordingly, the Claimant’s claim shall be dismissed.
IT IS, THEREFORE, ORDERED that the Claim of Roy Leonard
Calhoun [Doc. 5] is hereby DISMISSED.
IT IS SO ORDERED.

Signed: October 28, 2013

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