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

Filing 15

ORDER denying Claimant Davis' request for a jury trial as contained in her Answer 10 Amended Complaint. Signed by Magistrate Judge Dennis Howell on 01/30/2018. (ni) Modified text on 1/30/2018 (ni)

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.
_______________________________

)
)
)
)
)
)
)
)
)
)
)

ORDER

This matter is before the Court regarding Claimant Davis’ request for a jury trial in
her Answer [# 10]. On November 15, 2017, Claimant Davis requested a jury trial for this
forfeiture case [# 10]. On December 6, 2017, the Court, believing that a jury was not
permitted in this case, ordered Claimant Davis to brief the issue of a jury demand. On
January 30, 2018, the Court held a hearing.
The Court heard from Mr. Devereux—counsel for Leah Patience Davis, AUSA
Tiffany Moore, and AUSA Gill Beck. Pursuant to 21 U.S.C. § 853(n)(2) and U.S. v.
McHan, 345 F.3d 262, 274–75 (4th Cir. 2004), the Court finds that Claimant Davis is not
entitled to a jury trial in this matter. Therefore, the Court DENIES Claimant Davis’ request
for a jury trial as contained in her Answer [# 10].
Signed: January 30, 2018