USA v. Real Property Located at 620 West Franklin Street, Salisbury, NC

Filing 11

ORDER granting 10 Motion to Strike 6 Claim - forfeiture property by Yuritzl Maldonado Alejandre. Signed by District Judge Max O. Cogburn, Jr on 5/16/2014. (Pro se litigant served by US Mail.)(eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:12-cv-00371-MOC-DCK
UNITED STATES OF AMERICA,
Plaintiff,
Vs.
620 WEST FRANKLIN STREET, SALISBURY,
NC,
Defendant.

)
)
)
)
)
)
)
)
)
)

ORDER

THIS MATTER is before the court on the government’s Motion to Strike Claim.
Review of that pleading reveals that the government served such motion on the putative claimant
and that the time for claimant to respond has passed with no response.
The government has shown that the putative claimant has not signed her claim under
penalty of perjury, Rule G(5)(a)(i)(C) of the Supplemental Rules for Admiralty or Maritime
Claims and Asset Forfeiture Actions, that she has not filed an Answer within the time allowed,
Rule G(5)(B), and that a similar petition filed by claimant in a related criminal action, United
States v. Juan Molina-Sanchez, 3:12cr25-FDW (W.D.N.C. Aug. 13, 2013), was dismissed by
this court, id. at Order (#29), thus implicating res judicata, collateral estoppel, and mootness as to
the claim asserted herein. Put another way, even if claimant were to cure the Rule G violations,
her claim would be to no avail inasmuch as this court has already determined that the defendant
is forfeitable and has been forfeited to the United States of America.

1

ORDER
IT IS, THEREFORE, ORDERED that the government’s Motion to Strike Claim (#10)
is GRANTED, and the Claim (#6) of Yuritzi Maldonado Alejandre is STRICKEN.

Signed: May 16, 2014

2