Free Judgment - District Court of Colorado - Colorado

Case 1:04-cv-00057-RPM-PAC

Document 55

Filed 07/13/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-0057-RPM -PAC THE UNITED STATES OF AM ERICA, Plaintiff, v. 618 QUITM AN STREET, DENVER, COLORADO, Defendant.

JUDGMENT AND FINAL ORDER OF FORFEITURE

THIS M ATTER comes before the Court on the United States' M otion for Default Judgment and Final Order of Forfeiture, the Court having reviewed the pleadings including said M otion and testimony at the hearing held on June 23, 2005, FINDS: THAT The United States commenced this action in rem pursuant to 21 U.S.C. § 881; THAT all known interested parties have been provided an opportunity to respond and that publication has been effected as required by Rule C(4) of the Sup p lemental Rules for Certain Admiralty and M aritime Claims; THAT the United St at es has complied with all applicable notice requirements, and the Court' file reflects the same; s THAT after not ice, the record title owner of defendant 618 Quitman Street, Denver, -1-

Case 1:04-cv-00057-RPM-PAC

Document 55

Filed 07/13/2005

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Colorado, more particularly described as Lots 22, and 23, Block 24, Windsor Subdivision, City and Count y of Denver, Colorado (defendant " Residence" has failed to file a Verified Claim and ), Answer as required by Rule C(6) of the Supplemental Rules for Certain Admiralty and M aritime Claims; THAT in spite of M agistrate Judge Coan' November 10, 2004 Order, Nazareth Cordova s , a/k/a Kelvin Cordova, a/k/a Nazareth Kelvin Cordova, hereinafter Cordova, and Sylvia Ortiz have not filed a response to the United States'M otion to Strike " Claims"by the November 30, 2004 deadline; THAT after notice Cordova and Ortiz failed to appear at the scheduled June 23, 2005 hearing on the United States'M otion for Default Judgment and Final Order of Forfeiture; THAT the amounts owing under the Deed of Trust recorded August 17, 1994 at reception No. 9400128337 of the Denver County, Colorado records for the benefit of Karsh & Fulton PC have been paid in full, no further amounts are owing, and the lien is released and extinguished as to defendant Residence; THAT Karsh & Fulton PC have no claim or rights against the defendant Residence pursuant to the terms of the above Deed of Trust; THAT no other Claim, Answer, or responsive pleading has been filed; THAT based upon the facts set forth in the Verified Complaint, the Court file, and the testimony presented to the Court, it is clear that the allegat ions in the Verified Complaint are

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Case 1:04-cv-00057-RPM-PAC

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s upported by competent evidence; that the United States has shown by great er t han a preponderance of the evidence that on August 27, 2003 defendant Residence at 618 Quitman Street, Denver, Colorado was used to commit the felony offense of the sale of methamphetamine; that on September 10, 2003, September 23, 2003, and October 23, 2003 defendant Residence at 618 Quitman Street, Denver, Colorado, was used to commit the felony offenses of the sale of cocaine; that defendant Residence at 618 Quitman Street, Denver, Colorado was used to facilitate these sales and other transactions in violation of 21 U.S.C. §801 et seq; and therefore defendant Residence should be forfeited to the United States. THAT there was reasonable cause for the seizure of defendant Residence and a Certificate of Reasonable Cause is granted pursuant to 28 U.S.C. § 2465. It further appears that there is cause to issue a forfeiture order under 21 U.S.C. § 881. NOW, THEREFORE, IT IS ORDERED, DECREED, AND ADJUDGED: THAT judgment and forfeiture of defendant Residence including all right, title, and interest is hereby entered in favor of the United States; THAT the United States shall have full, free of any liens, and legal title to the defendant Residence more particularly described as Lots 22, and 23, Block 24, Windsor Subdivision, City and County of Denver, Colorado, and may dispose of it in accordance with law; THAT any claims for the benefit of Karsh & Fulton PC, and any rights they may have pursuant to the Deed of Trust, are extinguished; and

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Case 1:04-cv-00057-RPM-PAC

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Filed 07/13/2005

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THAT this Judgment and Final Order of Forfeiture shall serve as a Certificate of Reasonable Cause as to defendant Residence under 28 U.S.C. § 2465. Dated this 13th day of July, 2005. BY THE COURT: s/Richard P. M atsch ___________________________________ RICHARD P. M ATSCH United States District Court Senior Judge

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