Sheri Patriot      ,                  )
 Petitioner, Pro se                   )
                                      )     
v.                                    ) Case No. 2:05-mc-09-
                                      )
United States of America              ) Motion for Default Judgment
  and AmSouth Bank,                   ) 
  Respondents                         )                

Pursuant to Federal Rules of Civil Procedure, Rule No. 55, Petitioner, hereby files Motion for Default Judgment, based on the following reasons:

1. Petitioner filed her Petition to Quash IRS Summons on May 23, 2005, and served Respondent, United States of America, on May 23, 2005.
2. Eleven months have passed and United States of America has not filed an Answer or any responsive pleading, or anything at all.  The allotted time to file Answers to the Summons served on all Respondents for the above case has expired months and months ago.
3. Respondents had many opportunities to file Answers during the past eleven months since they received their Summons.   Not one document appears on the PACER Docket  for this case which was filed and entered by any Respondent.  Petitioner has attached and made a part of this Motion as Exhibit “A”, a copy of a PACER printout of this case, dated April 13, 2006, as evidence of this fact. 

Petitioner has attached and made a part of this Motion, Exhibit “B”.  Exhibit “B” consists of copies of the Summonses in a Civil Actions, and all Respondents’ signed receipts, for this case, as evidence of timely Proof of Service.

Petitioner does not have the benefit of a law degree, or years of legal experience with the court system, and therefore, she is afforded some room for error.  There should be no acceptable excuse to this Court to allow for failure to respond ‘ever’ to this case.  Consequently, Petitioner expects an immediate order granting this Motion for Default Judgment.  This failure of an officer of the court to perform a fundamental court requirement is a perfect example of nonfeasance?

See Barron’s Law Dictionary, Fifth Edition:  Definition of Nonfeasance

       In the law of agency, “the total omission or failure of an agent to enter upon the performance of some distinct duty or undertaking which he has agreed with his principal to do.”  191 N.E. 2d 588, 591.  Also, it is the “substantial failure [of an officer] to perform a duty, or, in other words, the neglect or refusal, without sufficient excuse, to do that which it [is an] officer’s legal duty to do.”  115 N.W. 2d 411, 413. [Emphasize added].

Furthermore, Petitioner hereby makes known to this Court that Respondent, AmSouth Bank, prematurely, with total lack of forethought, released private personal information belonging to the Petitioner, to IRS Agent, Susan Stonier, during the calendar year 2005.  This release of information was made by Respondent with full knowledge that this case to Quash IRS Form 2039 Summons, did NOT have a final judgment by a District Court Judge.  This case is still without a final decision, and therefore, this litigation remains OPEN, and said information NEVER should have been released to anyone.  

Petitioner requests that this Court order the return of all information which Respondent, AmSouth Bank, illegally released to Respondent,  Susan Stonier.    Finally, Petitioner requests that this Court order any information, or possible future information, gleaned as a direct result of the AmSouth illegal release, be barred from use in any potential criminal prosecution, or any other action  by the IRS/DOJ, against the Petitioner, as well.

Certification of Service:  I do hereby certify that on this date I have mailed properly a copy of this Motion to all opposing counsel.

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        Sheri Patriot                                    Date:
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