United States of America v. 100 Stacy Farm Rd., Nebo, NC et al

Filing 13

ORDER that Claimant Davis shall have 2 weeks from entry of this Order to file a brief setting forth grounds for a jury trial in this case (brief due by 12/20/2017); Govt. shall have 1 week to respond to Claimant Davis' brief. Signed by Magistrate Judge Dennis Howell on 12/06/2017. (ejb)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17-cv-183

UNITED STATES OF AMERICA,
Plaintiff,
v.
100 STACY FARM ROAD, NEBO,
NORTH CAROLINA, et al.,
Defendants.
_______________________________

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ORDER

On July 14, 2017, the Government filed its Complaint seeking forfeiture on
two properties. On August 16, 2017, the Government filed an Amended Complaint.
On September 21, 2017, a Claim of Interest was filed as to 179 Watson Road, Nebo,
North Carolina, by Minnie Tate. On September 28, 2017, a Claim of Interest was
filed as to 100 Stacy Farm Road, Nebo, North Carolina, by Leah P. Davis. On
October 2, 2017, Claimant Tate filed an Answer to the Government’s Amended
Complaint.

On November 15, 2017, Claimant Davis filed an Answer to the

Amended Complaint. On November 16, 2017, the Court gave notice to the parties
that they were to conduct an Initial Attorney’s Conference and file a Conference
Report by December 7, 2017. On November 30, 2017, the Parties filed their
Certification and Conference Report [# 11].

Claimant Davis has requested a jury trial for this forfeiture case. Both
properties are alleged to be traceable to transactions and exchanges of controlled
substances, and subject to forfeiture to the United States under 21 U.S.C. §§
881(a)(6) and (7). Because this forfeiture arises as the result of a criminal sentence,
it appears a jury trial is not permitted. United States v. McHan, 345 F.3d 262, 274–
75 (4th Cir. 2003); see 21 U.S.C. § 853(n)(2).
Therefore, the Court ORDERS Claimant Davis to file a brief setting forth the
grounds for a jury trial in this case. Claimant Davis shall have two (2) weeks from
the entry of this Order to file the brief. The Government shall have one (1) week to
respond to Claimant Davis’ brief.
Signed: December 6, 2017