UNITED STATES of America, Petitioner-Appellee v. ALL RIGHT, TITLE AND INTEREST IN the REAL PROPERTY AND APPURTENANCES LOCATED AT 128 CAMINO BARRANCA, EL PASO, TEXAS, with all Improvements and Attachments Thereon, and any and All Property Traceable T, Respondent Adrian Pena; Melissa Moreno Pena, Claimants-Appellants.
No. 11-51158
Summary Calendar.
United States Court of Appeals, Fifth Circuit.
Aug. 9, 2012.
Anna Elizabeth Arreola, U.S. Attorney’s Office, El Paso, TX, for Petitioner-Appel-lee.
Thomas E. Stanton, Esq., Law Office of Thomas E. Stanton, El Paso, TX, for Claimants-Appellants.
Before REAVLEY, JOLLY, and DAVIS, Circuit Judges.
PER CURIAM:
The judgment of the district court is affirmed for these reasons.
The bankruptcy proceeding is of no consequence now because the appellants agreed to the sale of the real property and to the holding of the proceeds by the Marshall until resolved by the court.
Appellants failed to answer timely the claim and to answer the forfeiture action by denying all essential allegations. No justification has been made for the late filing. The court’s strike of the claims of the appellants was not an abuse of discretion, and the order and judgment were therefore legally correct. The claims of all parties were resolved and the judgment was final.
AFFIRMED.