Collins et al v. Sheri I. Provost

Filing 21

ORDER Directing Clerk to Return Unfiled Documents to Respondent signed by Magistrate Judge Gary S. Austin on 12/15/2009. (Esteves, C)

1 2 3 4 5 6 7 8 U N I T E D STATES DISTRICT COURT 9 E A S T E R N DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O n December 9, 2009, the Court received a set of documents from Respondent via re g is te re d mail. This set included the following documents: 1. A certified copy of this Court's November 16, 2009, Order Discharging O rd e r to Show Cause and Findings and Recommendations Regarding P e titio n to Enforce IRS Summons upon which Respondent has handwritten th e following notation: "Accept for settlement and closure upon condition m y set-off currently in place or to be placed upon receipt of invoice or c u rre n t charges will not satisfactorily set-off and close this matter to the s a tis f a c tio n of the United States" signed and dated by Respondent on D e c e m b e r 8, 2009; U N IT E D STATES OF AMERICA and MARILYN COLLINS, Revenue O f f ic e r, Internal Revenue Service, ) ) ) ) P e titio n e rs , ) ) v. ) ) S H E R I I. PROVOST, ) ) R e s p o n d e n t. ) _________________________________ ) 1 :0 9 -c v -0 0 9 6 1 -A W I-G S A ORDER DIRECTING CLERK TO RETURN UNFILED DOCUMENTS TO RESPONDENT

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C e rtif ic a te of Service executed by Susan M. Miller, Notary Public; A letter dated December 8, 2009, and directed to this Court regarding " N o tic e of Set-Off, Settlement and Closure;"

4.

T w o separate Affidavits of Individual Surety signed by Respondent and n o ta riz e d by Susan M. Miller;

5.

R e in s u ra n c e Agreement for a Miller Act1 Performance Bond signed by R e s p o n d e n t;

6.

R e in s u ra n c e Agreement for a Miller Act Payment Bond signed by R e s p o n d e n t;

7.

R e in s u ra n c e Agreement in Favor of the United States signed by R e s p o n d e n t;

8.

R e le a s e of Personal Property from Escrow signed by Respondent and n o ta riz e d by Susan M. Miller;

9.

R e le a s e of Lien on Real Property signed by Respondent and notarized by S u s a n M. Miller.

T h e s e documents are not responsive to any Court order or filing by Petitioners, and are n o t recognizable or proper legal filings. The Court cannot discern Respondent's intent in s u b m ittin g these documents; the documents cannot be construed as objections to this C o u rt's Findings and Recommendations of November 16, 2009, nor any recent order of th is Court. As a result, the documents are HEREBY ORDERED returned unfiled to R e sp o n d e n t.

IT IS SO ORDERED. Dated: i70h38

December 15, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

T h e purpose of the Miller Act is to protect those who furnish labor and material in performance of a c o n tr a c t for construction of public works. See 40 U.S.C. § 3131. It has no applicability in this matter.

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