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U.S. v. KAHR PISTOL, MODEL CW-45, 8:14-cv-513-T-23TBM. (2014)

Court: District Court, M.D. Florida Number: infdco20140513h22 Visitors: 6
Filed: May 12, 2014
Latest Update: May 12, 2014
Summary: DEFAULT JUDGMENT OF FORFEITURE STEVEN D. MERRYDAY, District Judge. On March 3, 2014, the United States filed a "Verified Complaint for Forfeiture In Rem " (Doc. 1) against a Kahr pistol (model CW-45, serial number SE0300) and five rounds of Hornady ammunition. The Bureau of Alcohol, Tobacco, Firearms and Explosives seized the firearm and ammunition on October 24, 2013, from 4728 Trask Street, Apt. 89, Tampa, Florida. The United States moves (Doc. 9) under Rule 55(b)(2), Federal Rules of Civ
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DEFAULT JUDGMENT OF FORFEITURE

STEVEN D. MERRYDAY, District Judge.

On March 3, 2014, the United States filed a "Verified Complaint for Forfeiture In Rem" (Doc. 1) against a Kahr pistol (model CW-45, serial number SE0300) and five rounds of Hornady ammunition. The Bureau of Alcohol, Tobacco, Firearms and Explosives seized the firearm and ammunition on October 24, 2013, from 4728 Trask Street, Apt. 89, Tampa, Florida.

The United States moves (Doc. 9) under Rule 55(b)(2), Federal Rules of Civil Procedure, and Local Rule 7.03(i)(1) for entry of a default judgment of forfeiture for the firearm and ammunition.

From March 6, 2014, through April 4, 2014, the United States published at www.forfeiture.gov notice of the civil forfeiture and of the intent to dispose of the firearm and ammunition as required by Supplemental Rule G(4)(a)(i) and (iv)(C). (Doc. 6) Under Supplemental Rule G(4)(b), on March 14, 2014, the United States notified Isis Robinson, the only known potential claimant, of this forfeiture action by certified United States mail and by first class mail. The notice package included (1) the "Notice of Complaint for Forfeiture In Rem," (2) the "Verified Complaint for Forfeiture In Rem" and the "Warrant of Arrest In Rem," (3) the "Acknowledgment of Receipt of Notice of Verified Complaint for Forfeiture," and (4) the "Notice of Designation Under Local Rule 3.05." The notice of forfeiture directed each potential claimant to file with the Office of the Clerk, United States District Court, Middle District of Florida, Sam Gibbons Federal Courthouse, 2nd Floor, 801 North Florida Avenue, Tampa, Florida 33602 (1) a "Statement of Right or Interest" within thirty-five days of receipt of the notice and (2) an answer to the complaint within twenty-one days after filing the "Statement of Right or Interest." The notice warned that "[f]ailure to follow the requirements set forth above may result in judgment by default taken against you for relief demanded in the Complaint. You may wish to seek legal advice to protect your interests."

The time for filing has expired, and neither Isis Robinson nor another person or entity filed a statement of right or interest or otherwise contested the forfeiture of the firearm and ammunition.

On May 1, 2014, the United States moved for entry of clerk's default against Isis Robinson, and on May 2, 2014, the Clerk entered a default. (Doc. 8)

The motion (Doc. 9) for default judgment is GRANTED. Under Rule 55(b)(2), Federal Rules of Civil Procedure, and Local Rule 7.03(i)(1), judgment of default is entered against Isis Robinson. Right, title, and interest in the firearm and ammunition are CONDEMNED and FORFEITED to the United States for disposition according to law. Under 31 U.S.C. § 5317(c)(2), Rule 55(b)(2), Federal Rules of Civil Procedure, and Local Rule 7.03(i)(1), clear title to the firearm and ammunition now vests in the United States of America.

ORDERED.

Source:  Leagle

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