United States of America v. O'Neal
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/29/15 ORDERING the Court has duly considered and hereby GRANTS Petitioner United States of America's ex parte motion to permit it to serve process pertaining to this tax summons enforcement proceeding by means other than those allowed by Fed. R. Civ. P. 4(e). (Becknal, R)
1 BENJAMIN B. WAGNER
United States Attorney
2 BOBBIE J. MONTOYA
Assistant United States Attorney
3 Eastern District of California
501 I Street, Suite 10-100
4 Sacramento, CA 95814-2322
Telephone: (916) 554-2775
5 Facsimile: (916) 554-2900
email: bobbie.montoya@usdoj.gov
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Attorneys for Petitioner United States of America
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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
2:15-MC-00088-MCE-KJN
Petitioner,
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Taxpayer: ROBERT E. O’NEAL
v.
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[proposed] ORDER GRANTING
PETITIONER UNITED STATES LEAVE TO
SERVE RESPONDENT BY ALTERNATE
PROCESS SERVICE
Respondent.
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ROBERT E. O’NEAL,
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The Court has duly considered and hereby GRANTS Petitioner United States of
20 America’s ex parte motion to permit it to serve process pertaining to this tax summons
21 enforcement proceeding by means other than those allowed by Fed. R. Civ. P. 4(e).
22 Accordingly, Petitioner is permitted to serve respondent Robert E. O’Neal with process, to
23 include a copy of all documents filed in this matter to date, by the following means:
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1.
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Send a copy of the process by regular U.S. Mail to the respondent at his residence,
located at 313 Peach Place, Winters, California 95694;
2.
Send a copy of the process by Certified Mail, Return Receipt Requested, to the
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respondent at his residence, located at 313 Peach Place, Winters, California 95694;
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and
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3.
Attach a copy of the process to the front door of the respondent’s residence,
located at 313 Peach Place, Winters, California 95694.
3 Service by the foregoing means is reasonably calculated to afford the respondent actual notice of
4 the filings in this proceeding, as is required.
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To afford the respondent an opportunity to respond to the Petition and the petitioner an
6 opportunity to reply, the process shall be served as set forth above at least 30 days before the
7 show cause hearing date.
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Proof of service shall be filed with the Clerk as soon as practicable.
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IT IS SO ORDERED.
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11 Dated: September 29, 2015
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