United States v. Real Property located at 8911 Highway 49 ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, No. 2:18-cv-00747-KJM-CKD 12 Plaintiff, 13 v. ORDER 14 REAL PROPERTY LOCATED AT 8911 HIGHWAY 49, MOKELUMNE HILL, 15 CALIFORNIA, CALAVERAS COUNTY, APN: 018–019–057–0000, et al., 16 Defendants. 17 18 19 On November 15, 2019, the magistrate judge filed findings and recommendations (ECF 20 No. 98), which were served on the parties and which contained notice that any objections to the 21 findings and recommendations were to be filed within fourteen (14) days. No objections were 22 filed. 23 The court presumes that any findings of fact are correct. See Orand v. United States, 24 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 25 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 26 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 27 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 28 supported by the record and by the proper analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations (ECF No. 98) are ADOPTED. 3 2. Plaintiff United States of America’s motion for default judgment (ECF No. 90) is 4 GRANTED, thus extinguishing any right, title, or interest of potential claimant Xiulan Yang in 5 real property located at 6199 Highway 26, Valley Springs, California, Calaveras County, APN: 6 073-013-005-000, including all appurtenances and improvements thereto. 7 DATED: January 8, 2020. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28