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United States v. Real Property Located At 8201 Glade Avenue, Oklahoma City, CIV-15-1056-F. (2020)

Court: District Court, W.D. Oklahoma Number: infdco20200129f16 Visitors: 5
Filed: Jan. 28, 2020
Latest Update: Jan. 28, 2020
Summary: ORDER STEPHEN P. FRIOT , District Judge . Before the court are the United States' Motion to Strike the Amended Verified Claim and Statement of Interest for Xiang Yu Ren aka Johnny Ren as Bailee for Wei Yu Ren aka Wendy Ren (doc. no. 77) and the United States' Motion to Strike the Amended Verified Claim Filed by Xiang Yu Ren aka Johnny Ren (doc. no. 78). Claimant Xiang Yu Ren aka Johnny Ren has responded to the motions and the time for reply has expired. Upon due consideration, the court fi
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ORDER

Before the court are the United States' Motion to Strike the Amended Verified Claim and Statement of Interest for Xiang Yu Ren aka Johnny Ren as Bailee for Wei Yu Ren aka Wendy Ren (doc. no. 77) and the United States' Motion to Strike the Amended Verified Claim Filed by Xiang Yu Ren aka Johnny Ren (doc. no. 78). Claimant Xiang Yu Ren aka Johnny Ren has responded to the motions and the time for reply has expired. Upon due consideration, the court finds that the motion should be granted.

In its February 9, 2019 order (doc. no. 69), the court resolved the issue of whether the fugitive disentitlement doctrine codified in 28 U.S.C. § 2466 applies to Johnny Ren. The court concluded that the doctrine applied and based on its application, the court, exercising its discretion, concluded that Johnny Ren was disallowed "from using the resources of the court in furtherance of a claim" and that he "[did] not have standing to assert a claim in this civil forfeiture proceeding." Id. at p. 4. In light of the court's previous ruling and with no sufficient basis to reconsider that ruling, the court finds that Johnny Ren lacks standing to assert a claim in this civil forfeiture proceeding, and, therefore, the court concludes that his previously-filed amended claims should be stricken.

Accordingly, the United States' Motion to Strike the Amended Verified Claim and Statement of Interest for Xiang Yu Ren aka Johnny Ren as Bailee for Wei Yu Ren aka Wendy Ren (doc. no. 77) and the United States' Motion to Strike the Amended Verified Claim Filed by Xiang Yu Ren aka Johnny Ren (doc. no. 78) are GRANTED.

The Amended Verified Claim and Statement of Interest for Xiang Yu Ren aka Johnny Ren (doc. no. 40), filed June 25, 2018, is STRICKEN. The Amended Verified Claim and Statement of Interest for Xiang Yu Ren aka Johnny Ren as Bailee for Wei Yu Ren aka Wendy Ren (doc. no. 42), filed June 25, 2018, are also STRICKEN.

Source:  Leagle

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