United States District Court, E.D. Tennessee, Greeneville
REPORT AND RECOMMENDATION
CLIFTON L. CORKER UNITED STATES MAGISTRATE JUDGE
matter is before the Court by an Order of Reference [Doc. 17]
for a Report and Recommendation on the Motion for Default
[Doc. 16] filed by Plaintiff, United States of America, by
and through Anne-Marie Svolto and Gretchen Jenkins Mohr,
Assistant United States Attorneys. The United States has
moved for a Default Judgment and Final Order of Forfeiture
forfeiting the defendant properties to the United States of
America pursuant to Rule 55(b)(2) of the Federal Rules of
June 8, 2016, the United States filed a Verified Complaint
In Rem alleging that the defendant properties should
be forfeited to the United States of America pursuant to 18
U.S.C. § 924(d)(1), for violations of 18 U.S.C. §
922(g). [Doc. 1, Complaint].
June 8, 2016, the United States filed a Motion to Stay Civil
Forfeiture In Rem Proceeding [Doc. 2] until after
the related criminal case was closed. The motion was granted
and a stay was ordered on June 9, 2016 [Doc. 4].
January 5, 2018, the stay was lifted [Doc. 5].
written notice of civil forfeiture against the defendant
properties with a copy of the Verified Complaint In
Rem, Notice and Warrant of Arrest In Rem was
sent to Rhonda Blanton Sherman and her attorney Richard A.
Spivey on July 25, 2018 via United States certified mail,
return receipt requested and was received and signed for on
July 27, 2018, pursuant to Rule G(4)(b)(i) of the
Supplemental Rules for Admiralty or Maritime Claims and Asset
Forfeiture Actions, Federal Rules of Civil Procedure
(Supplemental Rule G).
Notice of this civil forfeiture action against the defendant
properties as required by Supplemental Rule G(4)(a) was
published for 30 consecutive days on an official Government
internet site (www.forfeiture.gov) beginning on July 27, 2018
and ending on August 25, 2018. A Declaration of Publication
was filed with the clerk of this court on September 21, 2018
Warrant of Arrest In Rem [Doc. 7] was duly executed
on the defendant properties by ATF Special Agent Jamie L.
Jenkins on August 13, 2018, pursuant to Supplemental Rule
G(3)(b) and (c).
claimant to the defendant properties is required to file a
claim no later than 35 days after the written notice was
sent, or 60 days after the first day of publication on the
official Government website, www.forfeiture.gov, and shall
serve an answer within 21 days after filing a claim, pursuant
to Supplemental Rule G(5)(a) and (b). No. extensions to these
time limits have been requested, consented to, or granted by
person or entity has filed either a claim or an answer to the
complaint for forfeiture, or has otherwise appeared or
answered in this regard, and the time to do so has expired.
information and belief, no person or entity thought to have
an interest in the above named defendant properties is an
infant, incompetent, or presently engaged in military
January 3, 2019, the United States filed a Request for Entry
of Default [Doc. 14] against the defendant properties, Rhonda
Blanton Sherman, and all persons claiming an interest in the
January 24, 2019, the Clerk of the Court entered an Entry of
Default (Doc. 15, Entry of Default) pursuant to Rule 55(a) of
the Federal Rules of Civil Procedure.
United States has now moved for entry of a Default Judgment
and Final Order of Forfeiture, and this Court is of the
opinion that the Motion of the United States for Default
Judgment should be granted and Default Judgment be entered
against Rhonda Blanton ...