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 FLORIDA

TAMPA DIVISION

 

VAL PATRIOT,

 

                                    Plaintiff,

 

VS.

                                                                                                 CASE NO. 8:05-CV-2019-T-27MAP

UNITED STATES OF AMERICA AND

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.

Florida Ave, Tampa, Florida 33602. Said hearing shall be conducted in accordance with Fed. R.

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