Free Declaration - District Court of California - California

Case 3:07-cv-02370-W-LSP

Document 5

Filed 03/03/2008

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KAREN P. HEWITT United States Attorney BRUCE C. SMITH Assistant U.S. Attorney California State Bar No. 078225 Federal Office Building 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-6963 E-mail: [email protected] Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) Civil No. 07cv2370-W(LSP) ) Plaintiff, )DECLARATION OF AND REQUEST FOR )CLERK'S ENTRY OF DEFAULT AS TO )THE INTEREST OF JORGE FLORES )GOMEZ AND ALL OTHER POTENTIAL ONE 2000 CHEVROLET SILVERADO )CLAIMANTS TRUCK, BAJA CALIFORNIA, ) MEXICO LICENSE NO. BM86231 ) VIN 1GCEC14V1YZ248371, ) ITS TOOLS AND APPURTENANCES, ) ) Defendant. ) ) ______________________________) I, Bruce Smith, 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: 1. On December 19, 2007, a Complaint for Forfeiture was UNITED STATES OF AMERICA,

filed in the above action in the United States District Court for the Southern District of California against the above defendant. On December 26, 2007, the defendant was seized and arrested by the United States Customs and Border Protection, who thereafter took possession and custody of the defendant, pursuant to the Court's Order appointing the United States Secret Service as custodian, dated December 28, 2007.

Case 3:07-cv-02370-W-LSP

Document 5

Filed 03/03/2008

Page 2 of 2

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2.

On January 15, 2008, January 22, 2008, and January 29,

2008, pursuant to Rule G(5), Supplemental Rules for Admiralty or Maritime and Asset Forfeiture Claims, notice was published in the San Diego Commerce. 3. On December 27, 2007, a Notice of Complaint and a copy

of the Complaint for Forfeiture were sent by certified mail as follows:
Name and address Article No. RR238422057US Result No Receipt Returned

Jorge Flores Gomez Calle C #1224 Popular 2 C.P. 22819 Ensenada, B.C., Mexico

From the time of said notice, no claim or answer has been filed by anyone regarding the above-named defendant. For the foregoing reasons, it is requested that the Clerk of the Court enter a default against the interest of Jorge Flores Gomez and all other potential claimants regarding the above mentioned defendant. I declare under penalty of perjury that the foregoing is true and correct. DATED: March 3, 2008. Respectfully submitted, KAREN P. HEWITT United States Attorney s/Bruce C. Smith BRUCE C. SMITH Assistant U.S. Attorney Attorneys for Plaintiff United States of America E-mail: [email protected] 2