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United States v. Approximately $21

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


March 5, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
APPROXIMATELY $21,770.00 IN U.S. CURRENCY, DEFENDANT.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

FINDINGS AND RECOMMENDATIONS

This matter came before the Honorable Gregory G. Hollows 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 currency 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 August 13, 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 Rodolfo Gabriel Gonzalez, Alex Cuellar, and Claudine Ruvalcaba-Camacho.

3. Plaintiff has shown that a complaint for forfeiture was filed; that potential claimant Rodolfo Gabriel Gonzalez received actual notice of the forfeiture action; that the government made diligent efforts to give actual notice to claimants Alex Cuellar and Claudine Ruvalcaba-Camacho; 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 Rodolfo Gabriel Gonzalez, Alex Cuellar, and Claudine Ruvalcaba-Camacho 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 Rodolfo Gabriel Gonzalez, Alex Cuellar, and Claudine Ruvalcaba-Camacho in the defendant currency;

7. That a final judgment be entered, forfeiting all right, title and interest in the defendant currency 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 Morrison C. England, Jr. and filed by the Clerk of the Court.

20090305

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