United States v. Approx. $448,157.39
United States v. Approx. $448,157.39
Trial Court Opinion
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 UNITED STATES OF AMERICA, Case No. 2:23-cv-01328-TLN-JDP 10 Plaintiff, 11 v. ORDER 12 APPROXIMATELY $448,157.39 SEIZED FROM BANK OF AMERICA ACCOUNT 13 NUMBER 325175831591, 14 Defendant. 15 16 Plaintiff’s motion for entry of default judgment was submitted for decision without oral 17 argument by the magistrate judge on February 12, 2024. (ECF No. 12.) The matter was referred 18 to a United States Magistrate Judge pursuant to Local Rule 302(c)(19) and
28 U.S.C. § 636(b)(1). 19 On February 16, 2024, the magistrate judge filed findings and recommendations herein 20 which contained notice to the parties that any objections to the findings and recommendations 21 were to be filed within fourteen days. (ECF No. 13.) The time to file objections has passed and 22 Plaintiff did not file any objections. 23 The Court presumes that any findings of fact are correct. See Orand v. United States, 602
24 F.2d 207, 208(9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 25 See Robbins v. Carey,
481 F.3d 1143, 1147(9th Cir. 2007) (“[D]eterminations of law by the 26 magistrate judge are reviewed de novo by both the district court and [the appellate] court ….”). 27 Having reviewed the file, the Court finds the findings and recommendations to be supported by 28 the record and by the proper analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations, filed February 16, 2024 (ECF No. 13), are 3 ADOPTED IN FULL; 4 2. The Motion for Default Judgment, filed February 12, 2024 (ECF No. 12) is 5 GRANTED. The Court holds Kiko’s Creations and Banes General Contractors, 6 Inc. in DEFAULT; 7 3. Judgment by default is ENTERED against any right, title, or interest of potential 8 claimants Kiko’s Creations and Banes General Contractors, Inc. in the Defendant 9 funds referenced in the above caption; 10 4. A final judgment is ENTERED, forfeiting all right, title, and interest in the 11 Defendant funds to the United States, to be disposed of according to law; and 12 5. The Clerk of Court is directed to close this case. 13 { /) 14 | Date: April 19, 2024 “ | / fs WMA
16 United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
- Unknown