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

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, Case No. 2:23-cv-00153-DJC-JDP 12 Plaintiff, 13 v. ORDER 14 APPROXIMATELY $20,000.00 IN U.S. CURRENCY, 15 Defendant. 16 17 18 Plaintiff’s motion for entry of default judgment was submitted for decision 19 without oral argument by the magistrate judge on February 15, 2024. The matter was 20 referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(19) and 28 21 U.S.C. § 636(b)(1). 22 On February 23, 2024, the Magistrate Judge filed findings and 23 recommendations herein which contained notice to the parties that any objections to 24 the findings and recommendations were to be filed within fourteen days. No 25 objections were filed. 26 The Court presumes that any findings of fact are correct. See Orand v. United 27 States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law 28 are reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) 1 | (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the 2 | district court and [the appellate] court....”"). Having reviewed the file, the Court finds 3 | the findings and recommendations to be supported by the record and by the proper 4 | analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The Findings and Recommendations filed February 23, 2024, are adopted in 7 | full; 8 2. Jose Garcia and Thomas Callahan is held in default; 9 3. The United States’ motion for default judgment and final judgment of 10 | forfeiture is granted; 11 4. Judgment by default be entered against any right, title, or interest of 12 | potential claimants Jose Garcia and Thomas Callahan in the defendant funds 13 | referenced in the above caption; 14 5. A final judgment is entered, forfeiting all right, title, and interest in the 15 | defendant funds to the United States, to be disposed of according to law; and 16 6. The Clerk of Court is directed to file the Default Judgment and Final 17 | Judgment of Forfeiture and to close this case. 18 19 IT IS SO ORDERED. 20 | Dated: _May 2, 2024 Donel J CDbnetto— Hon. Daniel alabretta 21 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28