597 F.Supp. 531 (N.D.Ga. 1983), Civ. A. C82-2268, United States v. 1967 Mooney M20-F Aircraft, FAA # N9588M, Serial No. 670165
|Docket Nº:||Civ. A. C82-2268|
|Citation:||597 F.Supp. 531|
|Party Name:||United States v. 1967 Mooney M20-F Aircraft, FAA # N9588M, Serial No. 670165|
|Case Date:||September 30, 1983|
|Court:||United States District Courts, 11th Circuit, Northern District of Georgia|
Barbara V. Tinsley, Asst. U.S. Atty., Atlanta, Ga., for plaintiff.
Thomas J. Casurella, Barnes & Browning, P.C., Marietta, Ga., for defendant.
FORRESTER, District Judge.
This action is before the court on motion by the United States to have the answer of Clifford Doyle stricken because of his failure to file a claim to the defendant property. Rule C(6), Supplemental Rules of Certain Admiralty and Maritime Claims, Federal Rules of Civil Procedure, provides that a claimant is required to "file his claim within ten days after process has been executed, or within such additional time as may be allowed by the court, and shall serve his answer within twenty days after filing of the claim." Plaintiff shows that at the time Clifford Doyle filed his answer to the complaint of the United States against the defendant airplane, he had not filed in the district court his claim to the property. It is well established that the filing of such a claim is an essential element of standing to contest a forfeiture. See United States v. $364,960.00, 661 F.2d 319 (5th Cir. 1981). However, Clifford Doyle shows that he received a letter from the Drug Enforcement Administration informing him of the seizure of the defendant airplane. That letter said: "If you intend to place the matter in the United States District...
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