PAUL L. FRIEDMAN, District Judge.
This matter is before the Court on the unopposed motion of plaintiff, the United States of America, for a default judgment and final order of forfeiture against the defendant property under 18 U.S.C. § 983(a)(4) and Rule G of the Supplemental Rules for Admiralty or Maritime
Federal police agents seized the currency at issue on January 26, 2009, when serving a search warrant for guns and drugs at the residence at 3711 22nd Street, Northeast, in the District of Columbia. See Compl. ¶¶ 7, 8. The agents seized $3,000.00 from a cardboard box under towels found at the foot of the bed in the master bedroom. Id. ¶ 10. They seized another $1,620.00 from a vase on a shelf over the master bedroom door. Id. ¶ 11. The apparent possessor of the money, Shelton Oliver Campbell, told police the money had come from the sale of a Mazda automobile for $5,000.00. Id. ¶ 17. Mr. Campbell said he did not know the name of the "Spanish male" to whom he had sold the vehicle. Id. ¶ 18. When serving the search warrant, police also seized cocaine and marijuana. Id. ¶ 12. Mr. Campbell has a history of arrests and convictions for crimes involving illegal narcotics. Id. ¶¶ 20-26.
On September 17, 2009, the government commenced this action by filing a verified complaint for forfeiture in rem. See Compl. ¶ 1. The Clerk of the Court issued a warrant of arrest in rem, which was served on the defendant property on September 21, 2009. See Mot. at 2. On September 18, 2009, the government sent copies of the complaint and warrant of arrest in rem through the U.S. mails to Mr. Campbell at his personal address in Rockville, Maryland, and to Mr. Campbell's counsel at her office address in the District of Columbia. See id. at 2-3. In addition, the government published notice of this action on its website, www.forfeiture.gov, for 30 consecutive days, beginning on September 19, 2009. Id. at 3.
On October 25, 2009, through counsel, Mr. Campbell filed a claim to the defendant property. After making his claim, however, Mr. Campbell failed to file an answer within the 21-day window required by Supplemental Rule G(5)(b). No one else has filed a claim or any other pleading in this case. On January 7, 2010, the government filed a motion to strike Mr. Campbell's claim and for entry of a default judgment and final order of forfeiture. Mr. Campbell filed an opposition on January 20, 2010, accompanied by a motion for leave to file an answer—his first, and only, attempt to file an answer. Six days later, the Court denied without prejudice Mr. Campbell's motion for leave to file an answer for failure to comply with Local Civil Rule 7(m). Mr. Campbell never sought to renew the motion. On March 24, 2010, the government filed a motion to treat as conceded its motion to strike and for entry of a default judgment and final order of forfeiture. Mr. Campbell did not respond or make any other filing in this case.
On August 6, 2010, the Court issued a Memorandum Opinion granting in part and denying in part the government's motion to strike Mr. Campbell's claim and for entry of a default judgment and final order of forfeiture. See Memorandum Op. at 4-5, Aug. 6, 2010; see also Order at 1, Aug. 6, 2010. Specifically, the Court granted the government's motion to strike Mr. Campbell's claim, see Memorandum Op. at 4-5, but the Court denied without prejudice
Memorandum Op. at 5, Aug. 6, 2010 (internal citations omitted).
On August 9, 2010, the Clerk of the Court entered a default against Mr. Campbell due to his failure to plead or otherwise defend a claim after process was fully issued. Subsequently, on October 18, 2010, the government refiled its motion. Now that a default has been entered by the Clerk, the Court concludes that the government is entitled to a default judgment and final order of forfeiture.
The civil forfeiture statute provides that
21 U.S.C. § 881(a)(6). The Court finds that the defendant property was used or intended to be used to facilitate a violation of the Controlled Substances Act, 21 U.S.C. §§ 801, et seq. The defendant property therefore is forfeitable to the government under 21 U.S.C. § 881(a)(6). Furthermore, the government provided sufficient notice of the seizure of the defendant property. No individual other than Mr. Campbell filed any pleading to challenge the forfeiture of the defendant property, and the time for filing a claim has expired. See SUPP. R. G(5)(a)(ii)(B). And the Court has stricken Mr. Campbell's claim—therefore, there are no claimants to the defendant property.
Accordingly, the Court will grant the government's motion for a default judgment and final order of forfeiture [Dkt. No. 15]. An Order consistent with this
SO ORDERED.