Motion,Ex Parte: The State of Texas vs. One 2014 GMC Sierra Pickup Truck, VIN: 1GTR1UEC7EZ109797, et al

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                                Filed: 7/6/2021 10:15 AM
                                                                                     JOHN D. KINARD - District Clerk
                                                                                           Galveston County, Texas
                                                                                            Envelope No. 55057372
                                                                                                     By: Shailja Dixit
                                                                                                  7/6/2021 10:24 AM

                                     CAUSE NO. 21-CV-0818

THE STATE OF TEXAS                                         IN THE DISTRICT COURT OF

V.                                                         GALVESTON COUNTY, TEXAS

ONE 2014 GMC SIERRA PICKUP TRUCK                56TH JUDICIAL DISTRICT
______________________________________________________________________________

            THE STATE’S MOTION FOR INTERLOCUTORY DEFAULT JUDGMENT
______________________________________________________________________________

The State of Texas moves for Interlocutory Default Judgment against FELICIA LYNN VALUSEK.

                                              I.
                                           ARGUMENT

       This is a contraband forfeiture action pursuant to Texas Code of Criminal Procedure

Chapter 59.     The State seeks to have ONE 2014 GMC SIERRA PICKUP TRUCK, VIN:

1GTR1UEC7EZ109797 found in the possession of SAMUEL JAMES KINSEY on or about

5/11/2021 in Galveston County, Texas declared contraband and forfeited to the State because of

its connection with felony narcotic violations.

       On 6/10/2021, respondent FELICIA LYNN VALUSEK was served with the State’s Notice of

Seizure and Intended Forfeiture, as evidenced by the return of citation, which has been on file

with the Clerk of this Court for more than ten days exclusive of filing. No answer has been filed

or appearance made by the respondent, and the time allowed by law for doing so has expired.

       Therefore, the State of Texas requests that the Court enter a default judgment against

FELICIA LYNN VALUSEK, and order her interest, if any; in said property forfeited to the State to

be administered by the Galveston County Criminal District Attorney pursuant to Texas Code of

Criminal Procedure Article 59.06.
                                               II.
                            CERTIFICATE OF LAST KNOWN ADDRESS

        Concurrent with or prior to the filing of this motion, the Galveston County Criminal

District Attorney has filed a Certificate of Last Known Address with the Galveston County District

Clerk, pursuant to Texas Rule of Civil Procedure 239a.


                                           III.
                            AFFIDAVIT OF MILITARY NON-SERVICE

        Attached to this motion and incorporated by reference is a certificate establishing that

respondent is not on active military duty.

                                               IV.
                                             PRAYER

        The State of Texas respectfully requests that this Court enter a default judgment in this

cause against FELICIA LYNN VALUSEK, and grant any further relief to which the State may be

entitled.

                                             Respectfully submitted,


                                             JACK ROADY
                                             CRIMINAL DISTRICT ATTORNEY
                                             GALVESTON COUNTY, TEXAS


                                             SHAWN CONNALLY
                                             ASSISTANT CRIMINAL DISTRICT ATTORNEY
                                             600 59TH Street, Suite 1001
                                             Galveston TX 77551
                                             Telephone: (409) 766-2355
                                             State Bar No. 24051899
                                             shawn.connally@co.galveston.tx.us
                                   CERTIFICATE OF SERVICE

        I certify that a copy of the foregoing document, with the proposed order, is being served
on the person identified below as indicated, on July 6, 2021.



                                            SHAWN CONNALLY
                                            ASSISTANT CRIMINAL DISTRICT ATTORNEY


DONALD LEGRAND JR.
legrand-law-office@sbcglobal.net
Attorney for Respondent,
SAMUEL JAMES KINSEY