United States of America v. $14,130.00 in U.S. Currency
United States of America |
$14,130.00 in U.S. Currency |
Trequile Burkett |
1:2022cv01222 |
July 12, 2022 |
US District Court for the Northern District of Ohio |
Pamela A Barker |
Forfeit/Penalty: Other |
21 U.S.C. ยง 881 Forfeiture Property-Drugs |
None |
Docket Report
This docket was last retrieved on September 7, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Order [non-document] Currently pending before this Court is the United States' Motion for Default Judgment. (Doc. No. #3 .) Courts have found that the process for obtaining a default judgment set forth in Fed. Rules of Civil Procedure 55(a) and (b) applies to civil forfeiture actions. See U.S. v. $23,201.25, 2014 WL 7272298 at * 2 (E.D. Tenn. Dec. 18, 2014) ("The mechanics of Rule 55 of the Federal Rules of Civil Procedure concerning default also apply here [i.e., in a civil forfeiture action].") Thus, to obtain a "default judgment," the United States must first file an Application for Entry of Default under Fed. R. Civ. P. 55(a) with the Clerk. See, e.g., United States v. $22, 050.00, 595 F.3d 318 (6th Cir. 2010); United States v. $22,226.25, 763 F.Supp.2d 944, 946 (E.D. Tenn. 2011); U.S. v. $23,201.25, 2014 WL 7272298 at * 2. See also, e.g., United States v. $19,100, Case No. 3:21CV1588 (N.D. Ohio); United States v. 145 Payment Cards with a Value of $8,160.00, Case No. 3:18cv2038 (N.D. Ohio); United States v. 1997 Mercury Mountaineer, Case No. 1:12CV1725 (N.D. Ohio). The United States has failed to do so. Therefore, the United States' Motion for Default Judgment (Doc. No. #3 ) is DENIED WITHOUT PREJUDICE. Once the United States applies for entry of default with the Clerk and default is entered, the United States may re-file a motion for default judgment. Judge Pamela A. Barker on 9/7/2022.(P,K) |
Filing 4 Notice of Service of Government's Motion for Default Judgment filed by United States of America. Related document(s) #3 .(DeBaggis, Henry) |
Filing 3 Motion for default judgment filed by Plaintiff United States of America. (Attachments: #1 Govt Exhibit 1 Certified Receipt)(DeBaggis, Henry) |
Filing 2 Warrant of Arrest in Rem for $14,130.00 issued to U.S. Marshal on 7/13/2022. (Attachments: #1 USM-285 Process and Return, #2 Notice to Potential Claimant). (L,MI) |
Judge Pamela A. Barker assigned to case. (L,MI) |
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (L,MI) |
Filing 1 Complaint in Forfeiture against $14,130.00 in U.S. Currency. Filing fee exempt. Filed by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Praecipe, #3 Warrant of Arrest in Rem, #4 USMS Process Return Receipt, #5 Notice to potential claimant, Trequile Burkett). (DeBaggis, Henry) |
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