JAMES C. FOX, Senior District Judge.
This matter is before the court upon the Government's Motion for Default Judgment [DE-15] in this in rem civil forfeiture action.
This forfeiture action arises out of a July 27, 2011 search of the residence of Casey Fullwood, at 1910 Harry Ann Trail, Supply, North Carolina, with his consent On that same date, a confidential informant with the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") purchased approximately 28.9 grams of crack cocaine using $1,200.00 in ATF funds from Terrance Fullwood at the same residence. The ATF contends it has made multiple undercover purchases of narcotics from Terrance Fullwood at this residence, and has information that Terrance Fullwood sells narcotics there because he is on probation and does not want to conduct any illegal activity at his own place of residence. A number of items were seized during the search, including cocaine, firearms, ammunition, and $1,415.00 in United States Currency. The currency was seized for forfeiture.
The Government initiated this action by filing a Complaint for Forfeiture
On February 7, 2012, the Government completed service on the Defendant currency while it was in the possession of the United States Marshals Service. See Acknowledgment of Service [DE-9]. The United States Marshals Service also served a copy of the Complaint and the Warrant for Arrest
On June 28, 2012, the Government filed an Affidavit of Failure to Plead or Otherwise Defend [DE-13] and a Motion for Entry of Default [DE-14]. The Clerk of Court entered Default [DE-16] against Defendant on August 1, 2012 and submitted the Government's Motion for Default Judgment [DE-I5] to the undersigned.
Rule 55(b) (2 of the Federal Rules of Civil Procedure allows the court to enter judgment against a party who has failed to answer or otherwise plead. Both of the known potential claimants were served with notice of the action and a copy of the complaint pursuant to Supplemental Rule G(4)(b)
A defendant in default, and a claimant who fails to assert a claim in rem, is deemed to hae admitted all of the plaintiffs well-pled allegations of fact, which then form the basis of the judgment in the plaintiffs favor. Ryan v. Homecomings Fin. Network, 253 F.3d 778, 780 (4th Cir.2001). Where, as here, the action is in rem and the Government seeks a forfeiture pursuant to 21 U.S.C. § 886(a)(6), the complaint must "state sufficiently detailed facts to support a reasonable belief that the government will be able to meet its burden of proof at trial." Fed.R.Civ.P. Supp.R. G(2)(f). The court finds that the Complaint, and the attached affidavit, satisfies the Government's burden.
Accordingly, based on the foregoing, the court ORDERS that:
(1) Default judgment be and the same is hereby entered against the defendant;
(2) All persons claiming any right, title, or interest in or to the said defendant are held in default;
(3) the defendant is forfeited to the United States of America; and
(4) the United States Marshals Service is hereby directed to dispose of the defendant according to the law.
SO ORDERED.