United States v. Approx. $20,000.00 in U.S. Currency ( 2024 )

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, Case No. 2:23-cv-00153-JDP 1122 Plaintiff, FINDINGS AND 1133 v. RECOMMENDATIONS 1144 APPROXIMATELY $20,000.00 IN U.S. CURRENCY, 1155 Defendant. 1166 1177 This matter came before the Honorable Magistrate Judge Jeremy D. Peterson on the United 1188 States’ ex parte motion for default judgment. There was no appearance by or on behalf of any other 1199 person or entity claiming an interest in the above-captioned defendant currency to oppose the United 2200 States’ motion. Based on the United States’ motion and the files and records of the court, THE 2211 COURT FINDS as follows: 2222 1. This action arose out of a Verified Complaint for Forfeiture In Rem filed January 25, 2233 2023. 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 Jose Garcia and Thomas Callahan. 2266 3. The United States has shown that a complaint for forfeiture was filed; that potential 2277 claimants Jose Garcia and Thomas Callahan received notice of the forfeiture action; that any and all 1 || a final judgment of forfeiture. 2 According, it is hereby ORDERED that the Clerk of Court shall randomly assign a United 3 || States District Judge to this case. A Further, it is RECOMMENDED as follows: 5 1. That Jose Garcia and Thomas Callahan be held in default; 6 2. That the United States’ motion for default judgment and final judgment of forfeiture be 7 || granted; 8 3. That judgment by default be entered against any right, title, or interest of potential 9 || claimants Jose Garcia and Thomas Callahan in the defendant funds referenced in the above caption; 10 4. That a final judgment be entered, forfeiting all right, title, and interest in the defendant 11 || funds to the United States, to be disposed of according to law. 12 These findings and recommendations are submitted to the United States District Judge assigned 13 || to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days after being served 14 || with these findings and recommendations, any party may file written objections with the court and 15 || serve a copy on all parties. Such a document should be captioned “Objections to Magistrate Judge’s 16 || Findings and Recommendations.” Any response to the objections shall be served and filed within 17 || fourteen days after service of the objections. The parties are advised that failure to file objections 18 || within the specified time may waive the right to appeal the District Court’s order. Turner v. Duncan, 19 || 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 20 21 IT IS SO ORDERED. 23 | | 1 One Dated: _ February 23, 2024 Q_-——_ 24 JEREMY D,. PETERSON 35 UNITED STATES MAGISTRATE JUDGE 26 27 28