Pontius v. Internal Revenue Service et al

Filing 2

ORDER REQUIRING Petitioner to Properly Serve and Notice Hearing Within Fourteen Days, Signed by Magistrate Judge Stanley A. Boone on 11/19/2013. (Arellano, S.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID PONTIUS,
Petitioner,

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Case No. 1:13-mc-00056-SAB
ORDER REQUIRING PETITIONER TO
PROPERLY SERVE AND NOTICE
HEARING WITHIN FOURTEEN DAYS

v.
INTERNAL REVENUE SERVICE,
Respondent.

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On November 14, 2013, petitioner David Pontius filed a petition to quash I.R.S.

18 summonses which were issued to third party Bank of America and JP Morgan Chase Bank under
19 26 U.S.C. 7609(b)(2). Petitioner also filed a certificate of service indicating that the petition was
20 served on the Internal Revenue Service, Bank of America, and JP Morgan Chase Bank.
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In order to bring an action against the United States, Plaintiff must comply with Rule 4 of

22 the Federal Rules of Civil Procedure which requires service upon the United States Attorney for
23 the district in which the action was brought and the Attorney General for the United States at
24 Washington D.C. Fed. R. Civ. Proc. 4(i). Petitioner has not properly served this action.
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Additionally, pursuant to Local Rule 230, petitioner must set this petition for hearing on

26 the court’s law and motion calendar, with notice to the above-listed persons. Plaintiff is advised
27 that the Court hears law and motion on Wednesday mornings at 9:30 a.m., and the hearing must
28 be set not less than twenty-eight days after service of the petition. Local Rule 230(b).

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Accordingly, within fourteen days of the date of service of this action, Petitioner shall file

2 a notice showing that he has properly served the United States in this action and shall set the
3 petition for hearing on the court’s law and motion calendar in compliance with Local Rule 230.
4 Failure to file a notice in compliance with this order will result in this action being dismissed for
5 failure to obey a court order.
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IT IS SO ORDERED.
Dated:

November 19, 2013
UNITED STATES MAGISTRATE JUDGE

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