Free Request for Entry of Clerks Default - District Court of California - California

Case 3:08-cv-00036-WQH-CAB

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Filed 03/18/2008

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KAREN P. HEWITT United States Attorney DAVID M. McNEES Special Assistant U.S. Attorney California State Bar No. 216612 Federal Office Building 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-5979 E-mail: [email protected] Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) ONE 2003 MERCEDES BENZ S500, ) CA LICENSE NO. 5YJP196, ) VIN WDBNG75J53A329169, ITS ) TOOLS AND APPURTENANCES, ) ) $10,661.00 IN U.S. CURRENCY, ) ) Defendants. ) ____________________________________) Civil No. 08cv0036-WQH(CAB) DECLARATION OF AND REQUEST FOR CLERK'S ENTRY OF DEFAULT AS TO ALL POTENTIAL CLAIMANTS

I, David M. McNees, Special Assistant United States Attorney for the Southern District of California, hereby request a clerk's entry of default in this case for the following reasons: On January 7, 2008, a verified complaint was filed in the above action in the United States District Court for the Southern District of California against the above-named defendant properties, ONE 2003 MERCEDES BENZ S500, CA LICENSE NO. 5YJP196, VIN WDBNG75J53A329169, ITS TOOLS AND APPURTENANCES, and $10,661.00 IN U.S. CURRENCY.

24 25 26 27 28 On January 14, 2008, the defendants were seized and arrested by a duly authorized United States Marshal, who thereafter took possession and custody of the defendants, pursuant to the Court's Order appointing the United States Marshal as custodian, dated January 9, 2008. //

Case 3:08-cv-00036-WQH-CAB

Document 7

Filed 03/18/2008

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On January 11, 2008, Notice of Judicial Forfeiture Proceedings and a copy of the Complaint for Forfeiture were sent by certified mail to the following potential claimants at their addresses of record: Name and Address Article No. Result Signed for as received on 1/12/08

Anthony Alexander Darwin, Jr. 7004 2510 0003 3017 3758 Booking #7757707 George F. Bailey Detention Facility 446 Alta Road, Suite 5300 San Diego, CA 92158 Calvin Carter 276 El Camino Real, Space 112 Oceanside CA 92058-1704 Tamara Carter Darwin Conway Ramon Darwin c/o Aaron L. Turner Attorney at Law 357 W. 2nd Street, Suite 11 San Bernardino CA 92401
7004 2510 0003 3017 3356

Returned by Post Office On 1/15/08 marked "Not Deliverable as Addressed" (See second notice below) Signed for as received on 1/16/08

7004 2510 0003 3017 3349

On January 24, 2008, Notice of Judicial Forfeiture Proceedings and a copy of the Complaint for Forfeiture were sent by certified mail to potential claimant Calvin Carter at a new address: Name and Address Calvin Carter 1128 Turnstone Way Oceanside CA 92057-7718 Article No.
7004 2510 0003 3017 3789

Result Signed for as received on or about 2/6/08

On January 25, February 1 and 8, 2008, pursuant to Rule G(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, notice was published in the San Diego Commerce newspaper. From the time of said notices, no claim or answer has been filed regarding the above-named defendant properties by anyone. // // //

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08cv0036

Case 3:08-cv-00036-WQH-CAB

Document 7

Filed 03/18/2008

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For the foregoing reasons, it is requested that the Clerk of the Court enter a default against the defendant properties as to any and all potential claimants. I declare under penalty of perjury that the foregoing is true and correct. Executed on this 18th day of March, 2008.

s/ David M. McNees DAVID M. McNEES Special Assistant U.S. Attorney Attorneys for Plaintiff United States of America E-mail: [email protected]

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08cv0036