United States United States of America v. $16,000.00 in United States Currency ( 2019 )


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  • 1 2 3 UNITED STATES DISTRICT COURT A DISTRICT OF NEVADA 5 kee 6 UNITED STATES OF AMERICA, Case No. 3:19-cv-00319-MMD-WGC 7 Plaintiff, ORDER 3 V. $16,000.00 in United States Currency, ° Defendant. 10 11 Plaintiff United States of America filed a civil complaint for in rem forfeiture against 12 || $16,000.00 in United States Currency (“Property”). (ECF No. 1.) Donald Keith Averill 13 || appeared in this matter making a claim to the Property (ECF No. 6). On October 22, 2019, 14 || the Court denied Averill’s claim with leave to file an amended claim. (ECF No. 11.) Averill 15 || had 15 days after the Court issued its order to amend, but has failed to do so to date. (See 16 || id.) The Court will therefore dismiss his claim to the Property. See, e.g., Thompson v. 17 || Hous. Auth. of City of L.A., 782 F.2d 829, 831 (9th Cir. 1986) (explaining that courts have 18 || inherent power to control their dockets and “[i]Jn the exercise of that power, they may 19 || impose sanctions including, where appropriate . . . dismissal”); Ferdik v. Bonzelet, 963 20 || F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order requiring 21 || amendment of complaint); Malone v. U.S. Postal Serv., 833 F.2d 128, 130 (9th Cir. 1987) 22 || (dismissal for failure to comply with court order). 23 It is therefore ordered that Averill’s claim (ECF No. 6) is dismissed without 24 || prejudice. 25 DATED THIS day of December 2019. 26 “A {Sho MIRANDA M. DU 28 CHIEF UNITED STATES DISTRICT JUDGE

Document Info

Docket Number: 3:19-cv-00319

Filed Date: 12/2/2019

Precedential Status: Precedential

Modified Date: 6/25/2024