United States v. One 2005 Dodge Magnum

845 F. Supp. 2d 1361, 2012 WL 600590, 2012 U.S. Dist. LEXIS 23177
CourtDistrict Court, N.D. Georgia
DecidedFebruary 22, 2012
DocketCivil Action No. 3:10-cv-135-TCB
StatusPublished

This text of 845 F. Supp. 2d 1361 (United States v. One 2005 Dodge Magnum) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. One 2005 Dodge Magnum, 845 F. Supp. 2d 1361, 2012 WL 600590, 2012 U.S. Dist. LEXIS 23177 (N.D. Ga. 2012).

Opinion

ORDER

TIMOTHY C. BATTEN, SR., District Judge.

This ease comes before the Court on Plaintiffs motion for summary judgment [11], Claimant Joanne Dallas (“Dallas”) opposes the motion,

[1363]*1363I. Background

As a preliminary matter, the Court notes that Dallas has not complied with the Court’s local rules. Specifically, she has failed to properly respond to each of the Government’s undisputed material facts as required by Local Rule 56.1(B)(2)(a)(l)-(3). As a result, those facts are deemed admitted. See Brandon v. Lockheed Martin Aeronautical Sys., 393 F.Supp.2d 1341, 1347-48 (N.D.Ga.2005); see also Jones v. Gerwens, 874 F.2d 1534, 1537 n. 3 (11th Cir.1989).

Dallas’s statement of disputed, material facts also fails to comply with the local rules. Local Rule 56.1(B)(2)(b) requires such a statement to meet the requirements set out in Local Rule 56.1(B)(1), which requires each fact to be supported by a citation to evidence. The Court is not to consider any fact that is not supported by a citation to evidence or is stated as an issue or legal conclusion. All of Dallas’s facts run afoul of this rule, as none of them is supported by citation to evidence. Consequently, the court will not consider any of her alleged facts, and the undisputed facts in this action are as follows.

A. The Forfeiture

On August 18, 2006, B. Storey, an investigator with the LaGrange Police Department (“LPD”), arrested Jeffery Dallas (“Jeffery”) for selling cocaine. After this arrest, Storey continued to investigate Jeffery’s activities as they related to the distribution of controlled substances.

On or about June 2008, Special Agent F. Moreman with the Drug Enforcement Administration (“DEA”) became involved in an investigation into Jeffery’s activities as they related to the distribution of controlled substances.

On September 8, 2009, at approximately 4:20 p.m., Storey and LPD investigator J. Hatchett met with a confidential source in LaGrange. The confidential source made recorded phone calls to Jeffery and negotiated the purchase of one-quarter ounce of cocaine for $250. Jeffery instructed the source to meet him at 1182 Lindsey Street in LaGrange. The Lindsey Street residence is occupied by Jeffery’s girlfriend, who is the mother of four of his eight children.

At approximately 4:40 p.m., LPD investigators drove the source to the area, and the source exited the vehicle and walked to the Lindsey Street residence. Approximately ten minutes after the source arrived at the residence, Jeffery arrived driving a silver and black Dodge Magnum, the Defendant Magnum. The source then executed the controlled drug buy. At approximately 5:16 p.m., the source met with Storey and relinquished approximately one-quarter ounce of suspected cocaine, which was taken into evidence.

On September 10, 2009, at approximately 1:30 p.m., Storey and Hatchett met with a second confidential source in LaGrange. The second source made a phone call to Jeffery and negotiated the purchase of three grams of cocaine for $125. Jeffery instructed the source to meet him at the Lindsey Street residence. The source was outfitted with an audio and video recording device. At approximately 2:22 p.m., LPD investigators drove the source to the area of the Lindsey Street residence. The source exited the vehicle and walked to Jeffery’s residence, where he executed the controlled drug buy. At approximately 3:00 p.m., the source met with Storey and relinquished approximately three grams of suspected cocaine, which was taken into evidence.

On September 15, 2009, at approximately 2:40 p.m., Storey, LPD sergeant R. Moore and Moreman met with a third confidential source in LaGrange. The [1364]*1364third source was outfitted with an audio and video recording device. The source made recorded phone calls to Jeffery and negotiated the purchase of one ounce of cocaine for $500. Jeffery instructed the source to meet at the Bay Food Store located at 1312 Hamilton Road in La-Grange. The source was given $500 in official government funds (“OGF”) to make the controlled transaction. The source was driven to the Bay Food Store by an undercover DEA agent.

At approximately 3:40 p.m., the DEA agent and the source arrived at the Bay Food Store, and the source entered the store. Almost immediately after the source arrived at the store, Jeffery pulled into the parking lot driving the Defendant Magnum. The source exited the store and got in the passenger side of the Magnum, closing the door. The controlled drug buy occurred within the Magnum. The source exited the Magnum and entered the DEA agent’s vehicle. The source relinquished a quantity of suspected cocaine to the DEA, which was taken into evidence.

On September 25, 2009, at approximately 2:54 p.m., Storey and Moore met with a fourth confidential source. The source made a recorded phone call to Jeffery and negotiated the purchase of two ounces of crack cocaine for $1,400. Jeffery instructed the source to meet him at the Lindsey Street residence. The source was outfitted with an audio and video recording device. The source was given $1,400 in OGF to consummate the controlled transaction. At approximately 3:21 p.m., the source met Jeffery at the Lindsey Street residence and executed a controlled drug buy inside the Magnum parked in the driveway of the residence. The source then met Moore and Storey and relinquished approximately two ounces of suspected cocaine, which was taken into evidence.

On April 23, 2010, at approximately 10:00 a.m., Moore, Storey and Moreman met with Jeffery at the state probation office in LaGrange. Jeffery drove to the meeting in the Magnum, but he decided not to park in the ample open parking spaces in front of the probation office. He also denied driving to the meeting. Ultimately, the keys to the Magnum were found in his pocket, and the Magnum was discovered parked in front of LaGrange City Hall, approximately thirty to forty yards away from the probation office. Jeffery was taken into custody for a probation violation.

After Jeffery was taken into custody, the Magnum was seized. An inventory of the Magnum revealed the following items: personal checks belonging to Jeffery; diabetes tablets issued to Jeffery on June 5, 2009; a LabCorp paternity test identifying Jeffery as the test subject; an invoice for work performed on the Magnum; ten receipts issued to Jeffery for life insurance payments; a receipt issued to Jeffery for a $1,600 paint job dated March 16, 2010; and printed driving directions with the start address as 1182 Lindsey Street. There were no items found belonging to the claimant, Joanne Dallas. The Magnum’s odometer at the time of seizure read 87,495.0 miles.

Storey has known of Jeffery since approximately August 18, 2006. Storey saw him driving the Magnum approximately one to two times per week from approximately April 2008 to April 2010. Storey patrolled the area around the Lindsey Street residence approximately once every two weeks. When Storey would drive by the Lindsey Street residence, he would regularly see the Magnum parked there overnight from approximately April 2008 to April 2010.

Moreman has known of Jeffery since approximately June 2008. Moreman saw [1365]*1365him driving the Magnum approximately two to three times per month from approximately November 2008 to April 2010.

B. The Claimant

Dallas claims that the Magnum is her vehicle.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Helena De Saro v. United States
173 F. App'x 760 (Eleventh Circuit, 2006)
United States v. $242,484.00
389 F.3d 1149 (Eleventh Circuit, 2004)
Via Mat International South America Ltd. v. United States
446 F.3d 1258 (Eleventh Circuit, 2006)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
United States v. ONE 1981 DATSUN 280ZX
563 F. Supp. 470 (E.D. Pennsylvania, 1983)
Brandon v. Lockheed Martin Aeronautical Systems
393 F. Supp. 2d 1341 (N.D. Georgia, 2005)
United States v. One 1992 Lexus Sc400 Vin Jt8uz30c2n0017133
167 F. Supp. 2d 977 (N.D. Illinois, 2001)
United States v. Carrell
252 F.3d 1193 (Eleventh Circuit, 2001)
United States v. Cleckler
270 F.3d 1331 (Eleventh Circuit, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
845 F. Supp. 2d 1361, 2012 WL 600590, 2012 U.S. Dist. LEXIS 23177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-one-2005-dodge-magnum-gand-2012.