United States of America v. 7 Blue Spruce Drive, Whittier, North Carolina

Filing 25

ORDER accepting Magistrate Judge's 22 Memorandum and Recommendations; and denying without prejudice Gov's 20 Motion for Entry of Judgment and Final Order of Forfeiture and Gov's 21 Second Motion for Entry of Judgment and Final Order of Forfeiture. Signed by District Judge Martin Reidinger on 6/1/12. (ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:11cv14

UNITED STATES OF AMERICA,

Plaintiff,
vs.
7 BLUE SPRUCE DRIVE, WHITTIER,
NORTH CAROLINA, as described in
a Deed at Book 1214, Page 193,
Jackson County Registry, being
real property, together with the
residence, and all appurtenances,
improvements, and attachments
thereon,
Defendant.

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ORDER

THIS MATTER is before the Court on the Government’s Motion for Entry
of Judgment and Final Order of Forfeiture [Doc. 20]; the Government’s
Second Motion for Entry of Judgment and Final Order of Forfeiture [Doc. 21];
and the Magistrate Judge’s Memorandum and Recommendation [Doc. 22]
regarding the disposition of these Motions.
On May 9, 2012, the Honorable Dennis L. Howell, United States
Magistrate Judge, filed a Memorandum and Recommendation [Doc. 22]

containing proposed conclusions of law in support of a recommendation
regarding the Government’s Motions [Docs. 20, 21].

Specifically, the

Magistrate Judge recommended that the Motions be denied because the
Government had failed to seek an entry of default and default judgment
against the actual holder of a deed of trust pertaining to the defendant
property. [Doc. 22 at 3-4]. 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. [Id. at 5]. The period within
which to file objections has expired, and no written objections to the
Memorandum and Recommendation have been filed.1
After a careful review of the Magistrate Judge's Recommendation [Doc.
22], the Court finds that the proposed conclusions of law are consistent with
current case law.

Accordingly, the Court hereby accepts the Magistrate

Judge's Recommendation that the Government’s Motions for Entry of
Judgment and Final Order of Forfeiture [Docs. 20, 21] be denied without
prejudice.

1

Since the filing of the Memorandum and Recommendation, the Government has
filed a motion for entry of default against the holder of the deed of trust, Federal Home
Loan Mortgage Corporation (Freddie Mac). [Doc. 23]. The Clerk of Court made an
entry of default against Freddie Mac on May 30, 2012. [Doc. 24]. The Government is
free to renew its motion for a final order of forfeiture when it seeks entry of a default
judgment against Freddie Mac.
2

IT

IS,

THEREFORE, ORDERED

that

the

Magistrate Judge’s

Memorandum and Recommendation [Doc. 22] is ACCEPTED, and the
Government’s Motion for Entry of Judgment and Final Order of Forfeiture
[Doc. 20] and Second Motion for Entry of Judgment and Final Order of
Forfeiture [Doc. 21] are DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED.
Signed: June 1, 2012

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