MAX O. COGBURN, JR., District Judge.
This matter is before the Court on the Government's Motion for Default Judgment of Forfeiture pursuant to Fed. R. Civ. P. 55(b)(2). (Doc. No. 7). The Government requests that the Court enter a Default Judgment of Forfeiture as to all persons and entities with respect to the various electronic items (the "Defendant Property") identified in the Complaint.
On September 18, 2019, the Government filed a Verified Complaint for Forfeiture In Rem ("the Complaint"), alleging that the Defendant Property seized from Larry Limon on or about March 12, 2019, is subject to civil forfeiture under 18 U.S.C. §§ 2253 and 2254. (Doc. No. 1). The same day the Complaint was filed, the Clerk issued a Warrant of Arrest In Rem for the Defendant Property. (Doc. No. 2).
As set forth in the Government's Verified Complaint, beginning in or around 2017, law enforcement obtained information indicating that an individual later identified as Mr. Limon had transmitted images containing child pornography on the Internet. (Doc. 1 at ¶ 12). On March 12, 2019, a federal search warrant was executed at Mr. Limon's residence, located at 25 Bryant Farm Road, Murphy, North Carolina. (
Mr. Limon admitted to law enforcement that he had used his cellular phone to receive images of child pornography. (
Following the seizure, HSI initiated administrative forfeiture of the Defendant Property. (
The Government has taken reasonable steps to provide notice to known potential claimants, and the Government has otherwise complied with the notice requirements set forth in Supplemental Rule G(4). During the pendency of this action, no individual or entity has made a timely claim to the Defendant Property.
On February 19, 2020, the Government filed a motion requesting that the Clerk enter default as to all persons and entities with respect to the Defendant Property. (Doc. No. 5). On February 26, 2020, the Clerk entered default. (Doc. No. 6). After careful review, the Court finds that the Government has established that Default Judgment is appropriate. Accordingly, the Court hereby ORDERS that:
1. The Government's Motion for Default Judgment of Forfeiture (Doc. No. 7), is hereby GRANTED, and judgment is entered in favor of the United States against all persons and entities with respect to the Defendant Property identified in the Complaint.
2. It is FURTHER ORDERED, ADJUDGED, AND DECREED that any right, title and interest of all persons and entities to the Defendant Property identified in the Complaint is hereby forfeited to the United States, and no other right, title, or interest shall exist therein.
3. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United States Marshal is hereby directed to dispose of the Defendant Property identified in the Complaint as provided by law.