United States v. Approx. $13,900.00 in U.S. Currency ( 2023 )

11 PHILLIP A. TALBERT 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 IN THE UNITED STATES DISTRICT COURT 99 EASTERN DISTRICT OF CALIFORNIA 1100 1111 UNITED STATES OF AMERICA, No 2:22-cv-1754 MCE DB 1122 Plaintiff, FINDINGS AND 1133 v. RECOMMENDATIONS 1144 APPROXIMATELY $13,900.00 IN U.S. CURRENCY, 1155 Defendant. 1166 1177 1188 This matter came before the Honorable Magistrate Judge Deborah Barnes on the United States’ ex 1199 parte motion for default judgment. There was no appearance by or on behalf of any other person or 2200 entity claiming an interest in the above-captioned defendant currency to oppose the United States’ 2211 motion. Based on the United States’ motion and the files and records of the court, THE COURT FINDS 2222 as follows: 2233 1. This action arose out of a Verified Complaint for Forfeiture In Rem filed October 5, 2022. 2244 2. The United States has moved this Court, pursuant to Local Rule 540, for entry of default 2255 judgment of forfeiture against potential claimants James Helm, Natasha Langenfeld, and Charles Smith. 2266 3. The United States has shown that a complaint for forfeiture was filed; that potential 2277 claimants James Helm, Natasha Langenfeld, and Charles Smith received notice of the forfeiture action; 1 || that any and all other unknown potential claimants have been served by publication; and that grounds 2 || exist for entry of a final judgment of forfeiture. 3 Therefore, IT IS RECOMMENDED as follows: 4 1. That James Helm, Natasha Langenfeld, and Charles Smith be held in default; 5 2. That the United States’ motion for default judgment and final judgment of forfeiture be 6 || granted; 7 3. That judgment by default be entered against any right, title, or interest of potential 8 || claimants James Helm, Natasha Langenfeld, and Charles Smith in the defendant currency referenced in Q || the above caption; 10 4. That a final judgment be entered, forfeiting all right, title, and interest in the defendant 11 |] currency to the United States, to be disposed of according to law; 12 5. That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by 13 || the Honorable Morrison C. England, Jr. and filed by the Clerk of the Court. 14 || These findings and recommendations are submitted to the United States District Judge assigned to the 15 || case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days after being served with 16 || these findings and recommendations, any party may file written objections with the court and serve a 17 || copy on all parties. Such a document should be captioned “Objections to Magistrate Judge’s Findings 18 || and Recommendations.” Any reply to the objections shall be served and filed within fourteen days after 19 || service of the objections. The parties are advised that failure to file objections within the 20 || specified time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 21 || (9th Cir. 1991). 22 Dated: December 18, 2023 23 24 95 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 26 27 || DLB:6 DB/orders/orders.civil/USv$13,900.1754.f&rs 28