United States v. Approx. $67,090.00 in U.S. Currency ( 2020 )

11 22 33 44 55 66 77 88 UNITED STATES DISTRICT COURT 99 EASTERN DISTRICT OF CALIFORNIA 1100 1111 UNITED STATES OF AMERICA, 2:20-cv-00931-TLN-AC 1122 Plaintiff, ORDER 1133 v. 1144 APPROXIMATELY $67,090.00 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 default judgment against potential claimants and the entry of final judgment to forfeit 1199 to the Government “Approximately $67,090.00 in U.S. Currency” (“defendant currency”) under 21 2200 U.S.C. § 881(a)(6). The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 2211 § 636(b)(1)(B) and Local Rule 302. 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. 10.) 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. 2266 On November 18, 2020, the magistrate judge filed findings and recommendations. (ECF No. 2277 11.) Pursuant to 28 U.S.C. § 636(b)(1), any objections to the findings and recommendations were to be 11 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. United 22 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de 33 novo. See Britt v. Simi Valley Unified School District, 708 F.2d 452, 454 (9th Cir. 1983); see also 28 44 U.S.C. § 636(b)(1). 55 Having reviewed the file under the applicable legal standards, the Court finds the findings and 66 recommendations to be supported by the record and by the magistrate judge’s analysis. 77 Accordingly, IT IS HEREBY ORDERED that: 88 1. The Findings and Recommendations filed on November 18, 2020 (ECF No. 11), are adopted 99 in full; 1100 2. The Government’s Motion for Default Judgment (ECF No. 10) is GRANTED; 1111 3. A Judgment by Default is hereby entered against any right, title, or interest of all potential 1122 claimants, including Branden Marquell Dinkins, in the defendant currency referenced in the above 1133 caption; 1144 4. A Final Judgment of Forfeiture is hereby entered pursuant to 21 U.S.C. § 881(a)(6), 1155 forfeiting all right, title, and interest in the defendant currency to the Government, to be disposed of 1166 according to law; and 1177 5. All parties shall bear their own costs and attorney’s fees. 1188 IT IS SO ORDERED. 1199 DATED: December 7, 2020 2200 2211 2222 2233 2244 2255 2266 2277