United States of America v. 18,312.00 in United States Currency

Filing 46

ORDER GRANTING PLAINTIFF UNITED STATES' MOTION FOR SUMMARY JUDGMENT, DOC. 45 , AND TERMINATING CASE. granting 45 Motion for Summary Judgment. Signed by Judge Thomas M Rose on 07/13/12. (pb1)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON United States of America, Plaintiff, v. Case No. 3:10-cv -048 Judge Thomas M. Rose 18,312 in United States Currency, Defendant. Theodore Banks, Claimant. ORDER GRANTING PLAINTIFF UNITED STATES’ MOTION FOR SUMMARY JUDGMENT, DOC. 45, AND TERMINATING CASE. Pending before the Court is Plaintiff United States’ Motion for Summary Judgment, doc. 45, which is unopposed. The Court has carefully reviewed the United States’ motion, and finds it well-founded. Because the materials presented to the Court establish by a preponderance of the evidence that the Defendant represents money furnished in exchange for a controlled substance, the Court GRANTS the Government motion, ORDERS the forfeiture of the Defendant $18,312 pursuant to 21 U.S.C. § 881(a)(6), and DIRECTS the Clerk to TERMINATE the instant case, removing it from the dockets of the United States District Court, Western Division at Dayton. DONE and ORDERED in Dayton, Ohio, Friday, July 13, 2012. s/Thomas M. Rose ________________________________ THOMAS M. ROSE UNITED STATES DISTRICT JUDGE

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