UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
UNITED STATES OF AMERICA, ) Case No. 6:08-mc-Orl-31DAB
Petitioner, )
)
v. )
) OBJECTION TO MAGISTRATE
JOHN H. Patriot , ) JUDGE ORDER
Respondent )
A. A magistrate judge does not have the authority to issue an order - only recommendations and suggestions.
1. Title 28 U.S.C.A. 636(b) (2), “a judge may designate a magistrate to serve as a special master in any civil case, upon consent of the parties, without a regard to the provisions of Rule 53 (b) of the federal Rules of Civil Procedure for the U.S. district courts. This statute, however, does NOT authorize a magistrate to enter final judgment. E.g. Kendall v. Davis 569F.2d 1330 (5th Cir. 1978).
2. Under Title U.S.C.A. 636 (b) (3), a “magistrate may be assigned such additional duties as are not inconsistent with the Constitution and laws of the United States.” Findings by a magistrate made pursuant to this provision are NOT final, but “are subject to de novo determination by the district judge.” Calderon v. Waco Lighthouse for the Blind, 630 F. 2d 352, 355, n.3 (5th Cir4,1980).
3. Other cases that add to these rulings are Glover v. Alabama Dept. of Correction, 660 F. 2d 120, 122, (5th Cir. Unit B Oct. 1981) and Perez-Prego v. Alachua County Clerk of Court, 148 F. 3d 1272, 1273 (11th Cir. 1998). Furthermore, the magistrate judge’s order is not final.
4. These cases and sections mentioned from Title 28 clearly invalidates the magistrate judge’s order. A magistrate judge is referred a case from the district court judge who was originally assigned the case when the case was filed. The magistrate has the authority to make a written recommendation to the district court judge who has the authority to sign a final order. The district court judge did not sign this order
B. The reply briefs are authorized. I am filing as per se. I am a certified registered nurse anesthetist with no legal training. I was not told about any special filings that a per se. The courts have in the past granted per se some latitude in their findings because of their lack of legal training.
C. The court has not responded to my request(s) for discovery. As it is pointed out “there a great burden “ placed upon me. It is necessary that I have access to these documents that the Internal Revenue Service has in their possession.
D. As I mentioned, I am a certified registered nurse anesthetist. This profession gives me a high income and lots of prestige. The Internal Revenue Service has shown signs that they will prosecute me in this matter. They have violated the LaSalle criteria.
E. On May 9, 2007, a “pocket summons” was issued for an appearance on May 22, 2007. This clearly violates the Internal Revenue Code of giving twenty-one days notice. I wrote them a letter stating that I was not given time to prepare for the meeting. I sent of a copy of that letter dated May 9, 2007 to the court. From May 9, 2007 to May 22, 2007 is only thirteen days (over a week short of the twenty-one days required). I would have appeared if I had given the time to prepare.
F. The summons mentioned on page 5 of this order has been confused between a “pocket summons” and a “bank summons”. IRC 7609 refers to a twenty day deadline to third parties.
G. I have the right to use the Fifth Amendment in my defense. The Internal Revenue Service is on record for recognizing this right times while it has been organized. The latest news has not shown to the general public that the Constitution and the Bill of Rights have been suspended.
H. The summons has never been properly attested. I have not received any correspondence from the Secretary of the Treasury or the Commissioner of the Internal Service. Daniel Haber has been sent a minimum of three times request to show his authority or jurisdiction. This request has thirty-one questions or requirements that show his authority. He has never answered this correspondence. There has a man showing up at my door handing me documents. He has never had the courtesy to show me his credentials. I do not know that I have ever seen Daniel Haber for this person has never shown his credentials or even his driver’s license to me.
I. I would like to permission to file documents 16 and 17.
J. The magistrate judge who signed this order has no authority. This order needs to be rewritten and signed by a district court judge. The last paragraph is incomplete. The normal procedure is for an appearance before an agent that a certain location on a certain date. This document does not state any of these requirements. If I am not notified differently, I will present these documents to my son, Daniel, at noon in my living room on the twenty-eighth of May.
Certificate of Service: I hereby certify that on or about this date, a copy of these Objections was mailed properly to the opposing party.
Date: May 16 , 2008 ____________________________
John H. Patriot
Respondent, pro se
St. Cloud, Florida 34772