Case 8:05-cv-02019-JDW-MAP Document 2-1 Filed 10/31/2005 Page 1 of 1
UNITED STATES DISTRICT
COURT
MIDDLE DISTRICT OF
VAL PATRIOT,
Plaintiff,
VS.
CASE NO.
8:05-CV-2019-T-27MAP
INTERNAL REVENUE SERVICE,
Defendants.
_________________________________/
ORDER AND NOTICE OF
HEARING
BEFORE THE COURT is Plaintiffs
Verified Complaint for Damages for Illegal Tax
Collection and Injunctive Relief (Dkt.
1). Plaintiff
seeks a temporary restraining order pursuant to
26 U.S.C.
§ 6331(i)(4)(B), seeking to
enjoin an Internal Revenue Service levy on his wages based
on an assessment for Plaintiff's tax liability for tax year 1999. Plaintiff
contends that after receiving
a Notice of
Federal Tax Lien and Notice of Right to Hearing, he requested a Collection Due
Process
Hearing on
July 4, 2005 and that pursuant to § 6330(e), the levy action should have been
suspended
for the
period during which such hearing and appeals therein are pending.
To the extent Plaintiff seeks an
ex parte temporary restraining order, that request is DENIED.
Plaintiffs
request for an preliminary injunction pursuant to § 6331 (i)( 4)(B) wi1l be heard on the 21st
day of
November. 2005 at 10:00 A.M.. in
Courtroom 13B, United States Courthouse, 801 N.
Civ. P. 6S and M.D. Fla. L. R. 4.06 governing preliminary injunctions.
Plaintiff shall cause process
to be issued
and service effected no less than five (5) days prior to said hearing.
Plaintiff shall cause
a copy of
this order to be served with process.
DONE AND ORDERED in chambers
this 31st day
of October, 2005.
S/_______________________
JAMES D.WHITTEMORE
Untied States District Judge
Copies to:
Plaintiff, United States Attorney's office