United States of America v. All Cryptocurrency, Virtual Currency, Funds, Monies, and Other Things of Value et al

Filing 15

ORDER adopting the Magistrate Judge's 14 Memorandum and Recommendations. The 9 Motion to Dismiss is DENIED WITHOUT PREJUDICE. Plaintiff is directed to promptly file an Amended Complaint. Signed by Senior Judge Robert J. Conrad, Jr on 9/24/2024. (brl)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:23-cv-00395-RJC-DCK
UNITED STATES OF AMERICA,
Plaintiff,
v.
ALL CRYTOPCURRENCY, VIRTUAL
CURRENCY, FUNDS, MONIES, AND
OTHER THINGS OF VALUE, et al.,
Defendants.

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ORDER

THIS MATTER is before the Court on the Motion to Dismiss Complaint for
Civil Forfeiture In Rem, (Doc. No. 9), and the Magistrate Judge’s Memorandum and
Recommendation (“M&R”), (Doc. No. 14), recommending that this Court deny the
motion without prejudice. The parties have not filed objections to the M&R, and the
time for doing so has expired. Fed. R. Civ. P. 72(b)(2).
I.

BACKGROUND
No party has objected to the Magistrate Judge’s statement of the factual and

procedural background of this case. Therefore, the Court adopts the facts as set forth
in the M&R.
II.

STANDARD OF REVIEW
A district court may assign dispositive pretrial matters, including motions to

dismiss, to a magistrate judge for “proposed findings of fact and recommendations.”
28 U.S.C. § 636(b)(1)(A) & (B). The Federal Magistrate Act provides that a district
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court “shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” Id. § 636(b)(1)(C);
Fed. R. Civ. P. 72(b)(3). However, “when objections to strictly legal issues are raised
and no factual issues are challenged, de novo review of the record may be dispensed
with.” Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982). De novo review is also not
required “when a party makes general and conclusory objections that do not direct
the court to a specific error in the magistrate’s proposed findings and
recommendations.” Id. Similarly, when no objection is filed, “a district court need not
conduct a de novo review, but instead must ‘only satisfy itself that there is no clear
error on the face of the record in order to accept the recommendation.’” Diamond v.
Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ.
P. 72, advisory committee note).
III.

DISCUSSION
Under Rule 72(b) of the Federal Rules of Civil Procedure, a district court judge

shall make a de novo determination of any portion of an M&R to which specific
written objection has been made. A party’s failure to make a timely objection is
accepted as an agreement with the conclusions of the Magistrate Judge. See Thomas
v. Arn, 474 U.S. 140, 149–50 (1985). No objection to the M&R having been filed, and
the time for doing so having passed, the parties have waived their right to de novo
review of any issue covered in the M&R. Nevertheless, this Court has conducted a
full review of the M&R and other documents of record, and having done so, the Court
hereby finds that the recommendation of the Magistrate Judge is, in all respects, in

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accordance with the law and should be approved. Accordingly, the Court ADOPTS
the recommendation of the Magistrate Judge as its own.
IV.

CONCLUSION
IT IS, THEREFORE, ORDERED that:
1. The Magistrate Judge’s M&R, (Doc. No. 14), is ADOPTED;
2. The Motion to Dismiss Complaint for Civil Forfeiture In Rem, (Doc. No. 9),
is DENIED WITHOUT PREJUDICE;
3. Plaintiff is directed to promptly file an Amended Complaint.

Signed: September 24, 2024

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