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United States v. One Smith & Wesson

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 11, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ONE SMITH & WESSON, MODEL 916A, 12 GAUGE SHOTGUN, SERIAL NUMBER 142B05, ONE REMINGTON, MODEL 11-48, 12 GAUGE SHOTGUN, SERIAL NUMBER 4102424, ONE JAPANESE, UNKNOWN CALIBER RIFLE, SERIAL NUMBER 17534, ONE REMINGTON, 12 GAUGE SHOTGUN, SERIAL NUMBER U105116, ONE NORINCO, MODEL SKS, 7.62 CALIBER RIFLE, SERIAL NUMBER 1738599, ONE SPRINGFIELD, MODEL 15, .22 CALIBER WEAPON MADE FROM A RIFLE, WITHOUT A SERIAL NUMBER, ONE IVER JOHNSON, .32 CALIBER REVOLVER, SERIAL NUMBER 97406, FIVE (5) ROUNDS SMITH & WESSON AMMUNITION, AND FIVE(5) ROUNDS OF ASSORTED AMMUNITION, DEFENDANTS.

The opinion of the court was delivered by: Edmund F. Brennan United States Magistrate Judge

FINDINGS AND RECOMMENDATIONS

This matter came before the Honorable Edmund F. Brennan on plaintiff United States' ex parte motion for default judgment. There was no appearance by or on behalf of any other person or entity claiming an interest in the defendant firearms to oppose plaintiff's motion. Based on plaintiff's motion and the files and records of the court, THE COURT FINDS as follows:

1. This action arose out of a Verified Complaint for Forfeiture In Rem filed September 2, 2008.

2. Plaintiff United States of America has moved this Court, pursuant to Local Rule A-540, for entry of default judgment of forfeiture against potential claimants Douglass Stuart Fowler and Jean Fowler.

3. Plaintiff has shown that a complaint for forfeiture was filed; that potential claimants Douglass Stuart Fowler and Jean Fowler received actual notice of the forfeiture action; that any and all other unknown potential claimants have been served by publication; and that grounds exist for entry of a final judgment of forfeiture.

Therefore, IT IS RECOMMENDED as follows:

4. That Douglass Stuart Fowler and Jean Fowler be held in default;

5. That plaintiff's motion for default judgment and final judgment of forfeiture be granted;

6. That a judgment by default be entered against any right, title or interest of potential claimants Douglass Stuart Fowler and Jean Fowler in the defendant firearms;

7. That a final judgment be entered, forfeiting all right, title and interest in the defendant firearms to the United States of America, to be disposed of according to law.

8. That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by the Honorable Garland E. Burrell, Jr. and filed by the Clerk of the Court.

20090211

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