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

Case 3:08-cv-00035-DMS-WMC

Document 5

Filed 04/11/2008

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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 ) ) Plaintiff, ) ) ) v. ) ) ONE 2002 MERCEDES BENZ C32, ) CA LICENSE NO. 5WFJ559, ) VIN WDBRF65JX2F226748, ) ITS TOOLS AND APPURTENANCES, ) ) Defendant. ) ____________________________________) UNITED STATES OF AMERICA, Civil No. 08cv0035-DMS(WMc) 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 property, ONE 2002 MERCEDES BENZ C32, ("defendant"). On January 31, 2008, the defendant was seized and arrested by a duly authorized United States Marshal, who thereafter took possession and custody of the defendant, pursuant to the Court's Order appointing the United States Marshal as custodian, dated January 10, 2008. On February 1, 8 and 15, 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.

Case 3:08-cv-00035-DMS-WMC

Document 5

Filed 04/11/2008

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

On January 10, 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 Pablo Gomez Avelar 1584 Holt Avenue El Centro, CA 92243 Patience Renee Thornburg Pablo Gomez Avelar 1597 West Orange Avenue El Centro, CA 92243 Article No.
7004 2510 0003 3013 3332

Result Delivered 01/14/08 per U.S. Postal and Track and Confirm system at usps.com Delivered 01/14/08 per U.S. Postal and Track and Confirm system at usps.com

7004 2510 0003 3013 3325

From the time of said notice, no claim or answer has been filed regarding the above-named defendant property by anyone. For the foregoing reasons, it is requested that the Clerk of the Court enter a default against the defendant property as to any and all potential claimants. I declare under penalty of perjury that the foregoing is true and correct. Executed on this 11th day of April, 2008.

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

2

08cv0035