United States v. Approximately $7,500.00 in U.S. Currency ( 2019 )

11 McGREGOR W. SCOTT United States Attorney 22 KEVIN C. KHASIGIAN Assistant U. S. Attorney 33 501 I Street, Suite 10-100 Sacramento, CA 95814 44 Telephone: (916) 554-2700 55 Attorneys for the United States 66 77 88 UNITED STATES DISTRICT COURT 99 EASTERN DISTRICT OF CALIFORNIA 1100 1111 UNITED STATES OF AMERICA, 2:19-cv-00738-TLN-CKD 1122 Plaintiff, ORDER 1133 v. 1144 APPROXIMATELY $7,500.00 IN U.S. CURRENCY, 1155 Defendant. 1166 1177 The United States of America (“Government”) filed the above-entitled forfeiture in rem action, 1188 seeking entry of a default judgement against potential claimants and the entry of a final judgment to 1199 forfeit to the Government “Approximately $7,500.00 in U.S. Currency” (“defendant currency”) under 2200 21 U.S.C. § 881(a)(6). The matter was referred to a United States Magistrate Judge pursuant to Local 2211 Rule 302(c)(19) and 28 U.S.C. § 636(b)(1). 2222 Currently before the Court is the Government’s ex parte Motion for Default Judgment pursuant 2233 to Federal Rule of Civil Procedure 55(b)(2). (ECF No. 12.) There was no appearance by or on behalf 2244 of any other person or entity claiming an interest in the above-captioned defendant currency to oppose 2255 the Government’s motion.1 2266 1 The Court notes the Government properly served notice on potential claimants Kurtis Miller, Jr., and Kurtis Miller, 2277 Sr. and provided notice of the action to any other potential claimants via publication, in compliance with Supplemental Rule 11 On November 20, 2019, the magistrate judge filed findings and recommendations herein which 22 contained notice to the parties that any objections to the findings and recommendations were to be filed 33 within fourteen days. (ECF No. 13.) No objections to the Findings and Recommendations have been 44 filed. 55 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. United 66 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de 77 novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983); see also 28 88 U.S.C. § 636(b)(1). 99 Having reviewed the file under the applicable legal standards, the Court finds the Findings and 1100 Recommendations to be supported by the record and by the magistrate judge’s analysis. 1111 Accordingly, IT IS HEREBY ORDERED that: 1122 1. The Findings and Recommendations, filed on November 20, 2019 (ECF No. 13), are adopted 1133 in full; 1144 2. The Government’s Motion for Default Judgment (ECF No. 12) is GRANTED; 1155 3. A judgment by default is hereby entered against any right, title, or interest of all potential 1166 claimants, including Kurtis Miller, Jr. and Kurtis Miller, Sr., in the defendant currency referenced in the 1177 above caption; 1188 4. A Final Judgment of Forfeiture is hereby entered pursuant to 21 U.S.C. § 881(a)(6), 1199 forfeiting all right, title, and interest in the defendant currency to the Government to be disposed of 2200 according to law; and 2211 5. All parties shall bear their own costs and attorney’s fees. 2222 IT IS SO ORDERED. 2233 Dated: December 2, 2019 2244 2255 2266 2277