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United States v. Real Property Located at 635 Center Avenue

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


March 12, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
REAL PROPERTY LOCATED AT 635 CENTER AVENUE, RED BLUFF, CALIFORNIA, TEHAMA COUNTY, APN: 041-032-08, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, DEFENDANT.

FINDINGS AND RECOMMENDATIONS

This matter came before the undersigned 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 real property 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 July 29, 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 Miguel Gonzalez-Ochoa and Maria Gonzalez Ochoa.

3. Plaintiff has shown that a complaint for forfeiture was filed; that potential claimants Miguel Gonzalez-Ochoa and Maria Gonzalez Ochoa received 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 Miguel Gonzalez-Ochoa and Maria Gonzalez Ochoa 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 Miguel Gonzalez-Ochoa and Maria Gonzalez Ochoa in the defendant real property;

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

8. That the proposed form of Default Judgment and Final Judgment of Forfeiture lodged herein be signed by the district judge assigned to this action and filed by the Clerk of the Court.

20090312

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