District Court, D. Nevada, 2019

United States United States of America v. $16,000.00 in United States Currency

United States United States of America v. $16,000.00 in United States Currency
District Court, D. Nevada · Decided December 2, 2019
United States United States of America v. $16,000.00 in United States Currency

Trial Court Opinion

3 UNITED STATES DISTRICT COURT A DISTRICT OF NEVADA 5 kee 6 UNITED STATES OF AMERICA, Case No. 3:19-cv-00319-MMD-WGC 7 Plaintiff, ORDER 3 V. $16,000.00 in United States Currency, ° Defendant.

11 Plaintiff United States of America filed a civil complaint for in rem forfeiture against || $16,000.00 in United States Currency (“Property”). (ECF No. 1.) Donald Keith Averill || appeared in this matter making a claim to the Property (ECF No. 6). On October 22, 2019, || the Court denied Averill’s claim with leave to file an amended claim. (ECF No. 11.) Averill || had 15 days after the Court issued its order to amend, but has failed to do so to date. (See || id.) The Court will therefore dismiss his claim to the Property. See, e.g., Thompson v. || Hous. Auth. of City of L.A., 782 F.2d 829, 831 (9th Cir. 1986) (explaining that courts have || inherent power to control their dockets and “[i]Jn the exercise of that power, they may || impose sanctions including, where appropriate . . . dismissal”); Ferdik v. Bonzelet, 963 || F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order requiring || amendment of complaint); Malone v. U.S. Postal Serv., 833 F.2d 128, 130 (9th Cir. 1987) || (dismissal for failure to comply with court order).

23 It is therefore ordered that Averill’s claim (ECF No. 6) is dismissed without || prejudice.

25 DATED THIS day of December 2019.

26 “A {Sho MIRANDA M. DU 28 CHIEF UNITED STATES DISTRICT JUDGE

Case-law data current through December 31, 2025. Source: CourtListener bulk data.