United States of America v. 2880 Crossfield Road, Bybee, TN 37713

Filing 24

ORDER denying 21 Motion for Default Judgment; adopting Report and Recommendations re 23 Report and Recommendations; 1. The Governments motion for default judgment (Doc. 21) is GRANTED; 2. Defendant property, as described in th e report and recommendation, is hereby FORFEITED to the United States of America, and all right, title and interest in and to said property is hereby VESTED in the United States of America, pursuant to 21 U.S.C.§ 881(a)(7):. Signed by District Judge Travis R McDonough on 6/24/2019. (DJH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE
UNITED STATES OF AMERICA,
Plaintiff,
v.
2880 CROSSFIELD ROAD, BYBEE, TN
37713,
Defendant.

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Case No. 2:16-cv-89
Judge Travis R. McDonough
Magistrate Judge Clifton L. Corker

ORDER

On March 26, 2019, the Government filed a motion for default judgment pursuant to Rule
55 of the Federal Rules of Civil Procedure. (Doc. 21.) On June 6, 2019, Magistrate Judge
Clifton L. Corker issued a report and recommendation (Doc. 23), recommending that: (1) the
Government’s motion for default judgment (Doc. 21) be granted; and (2) defendant property be
forfeited to the United States of America, and all right, title and interest in and to said property
be vested in the United States of America, pursuant to 21 U.S.C. § 881(a)(7). (Doc. 23.) Neither
party has filed any objections to Magistrate Judge Corker’s report and recommendation.1
Nevertheless, the Court has conducted a review of the report and recommendation, as well as the

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Magistrate Judge Corker specifically advised the parties that they had fourteen days in which to
object to the report and recommendation and that failure to do so would waive their right to
appeal. (Doc. 23, at 4 n.3); see Fed. R. Civ. P. 72(b)(2); see also Thomas v. Arn, 474 U.S. 140,
148–51 (1985) (noting that “[i]t does not appear that Congress intended to require district court
review of a magistrate’s factual or legal conclusions, under a de novo or any other standard,
when neither party objects to those findings”). Even taking into account the three additional
days for service provided by Federal Rule of Civil Procedure 6(d), the period in which the parties
could timely file any objections has now expired.

record, and it agrees with Magistrate Judge Corker’s well-reasoned conclusions. Accordingly,
the Court ACCEPTS and ADOPTS Magistrate Judge Corker’s report and recommendation
(Doc. 23) and ORDERS as follows:
1. The Government’s motion for default judgment (Doc. 21) is GRANTED;
2. Defendant property, as described in the report and recommendation, is hereby
FORFEITED to the United States of America, and all right, title and interest in and to
said property is hereby VESTED in the United States of America, pursuant to 21 U.S.C.
§ 881(a)(7):
SO ORDERED.
/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE

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