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United States v. Approximately $45

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


December 2, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
APPROXIMATELY $45,734.15 IN U.S. CURRENCY SEIZED FROM BANK OF STOCKTON ACCOUNT NUMBER 2134574001, HELD IN THE NAME OF AHMAD KHAN DBA SMOKE SHOP & SNACKS, AND 2002 CADILLAC ESCALADE EXT, VIN: 3GYEK63N12G221478, CALIFORNIA LICENSE NUMBER: 8L68104, DEFENDANTS.

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

FINDINGS AND RECOMMENDATIONS

This matter came before the Honorable Judge 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 funds and defendant vehicle 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 30, 2009.

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 Mumraiz Khan, Irshan Khan and Ahmad Khan.

3. Plaintiff has shown that a complaint for forfeiture was filed; that potential claimants Mumraiz Khan, Irshan Khan and Ahmad Khan 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.*fn1

Therefore, IT IS RECOMMENDED as follows:

4. That Mumraiz Khan, Irshan Khan and Ahmad Khan 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 Mumraiz Khan, Irshan Khan and Ahmad Khan in the defendant funds and the defendant vehicle;

7. That a final judgment be entered, forfeiting all right, title and interest in the defendant funds and the defendant vehicle 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.


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