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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

vs. Case No.: 3:11cv228/WS/EMT

MARLIN RIFLE, SERIAL No. 71184750;

BROWNING RIFLE , SERIAL No. 5788NY7C7;

BROWNING RIFLE, SERIAL No. 137PM16689; 

and 

REMINGTON ARMS CO., INC. RIFLE

SERIAL No. 8437877,

Defendants.

 /

REPORT AND RECOMMENDATION

This cause is before the court on the United States’ Motion for a Final Order of Forfeiture

(doc. 23). Having reviewed the record, the court finds as follows:

1. On May 11, 2011, the United States filed a Civil Complaint seeking forfeiture of the

following firearms pursuant to Title 18, United States Code, Section 924(d)(1):

A. MARLIN RIFLE, SERIAL No. 71184750;

B. BROWNING RIFLE, SERIAL No. 5788NY7C7;

C. BROWNING RIFLE, SERIAL No. 137PM16689; 

D. REMINGTON ARMS CO., INC. RIFLE, SERIAL No. 8437877.

2. The Government represents that a Notice of Forfeiture Action was published on an

official government Internet site, www.forfeiture.gov, for thirty (30) consecutive days beginning

May 18, 2011, pursuant to Rule G(4)(a)(iv)(C) of the Supplemental Rules of Admiralty or Maritime

Claims and Asset Forfeiture Actions (doc. 23 at 3–4).

3. The United States also served actual notice of the existence of the instant forfeiture

action on Floyd Scott Mooney and Floyd Ellis Mooney.

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4. Floyd Ellis Mooney initially filed a Claim and Answer claiming the firearms were

owned by him (doc. 7), but on August 30, 2011, he withdrew his claim by filing a “Motion to

Dismiss Claim” (doc. 20). 

6. On September 1, 2011, this court entered an order dismissing Floyd Ellis Mooney’s

claim (doc. 21). 

7. The Government represents that no other claims or petitions have been filed for the

property described in the complaint, and the time for filing petitions has now expired. 

8. The facts and circumstances as set out in the Affidavit filed by the United States (doc.

1, exh. 1) demonstrate sufficient grounds for forfeiture. 

Accordingly, it is respectfully RECOMMENDED that:

1. No person or entity having established that they have any legal right, title or interest in

the defendant property, the defendant property: MARLIN RIFLE, SERIAL No. 71184750;

BROWNING RIFLE, SERIAL No. 5788NY7C7; BROWNING RIFLE, SERIAL No.

137PM16689; and REMINGTON ARMS CO., INC. RIFLE, SERIAL No. 8437877, be forfeited

to the United States of America; and 

2. All rights, title and interest to the defendant property described herein be hereby

condemned, forfeited and vested in the United States of America. 

DONE AND ORDERED this 19th day of September 2011. 

 /s/ Elizabeth M. Timothy 

ELIZABETH M. TIMOTHY

UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

Any objections to these proposed findings and recommendations must be filed within

fourteen (14) days after being served a copy thereof. Any different deadline that may appear

on the electronic docket is for the court’s internal use only. A copy of objections shall be

served upon all other parties. Failure to object may limit the scope of appellate review of

factual findings. See 28 U.S.C. § 636; United States v. Roberts, 858 F.2d 698, 701 (11th Cir.

1988).

Case No: 3:11cv228/WS/EMT

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