Lewis v. International Monetary Fund et al

Filing 7

Sua Sponte Judicial Referral for Purpose of Determining Relatedness. Signed by Judge Hamilton on 2/20/07. (pjhlc3, COURT STAFF) (Filed on 2/20/2007) Additional attachment(s) added on 2/20/2007 (nah, COURT STAFF).

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Lewis v. International Monetary Fund et al Doc. 7 Case 3:07-cv-01008-SI Document 7 Filed 02/20/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 ROY ALBERT LEWIS, a/k/a LEROY ALBERT LEWIS, Petitioner, No. C 07-1008 PJH No. CR 05-638 SI v. INTERNATIONAL MONETARY FUND, et al. Defendants. _______________________________/ On February 16, 2007, petitioner Roy Albert Lewis, a/k/a Leroy Albert Lewis ("Lewis"), filed pro se what appears to be a civil complaint entitled "libel of review" against the International Monetary Fund ("IMF") and the Internal Revenue Service ("IRS"), among others. Additionally, Lewis filed a motion for a temporary restraining order. Lewis is currently the defendant in a criminal action pending before the Honorable Susan Illston, CR 05-638 SI. Lewis is represented in the criminal case by attorney Michael Shepard of Heller Ehrman, LLP. Lewis has been indicted, under both names above, on two counts of conspiracy to defraud the United States pursuant to 18 U.S.C. 371, and eight counts of tax evasion under 26 U.S.C. 7201. It appears from the criminal docket that Lewis is scheduled to be sentenced in CR 05-638 SI this Friday, February 23, 2007. As best this court can tell, Lewis claims that the criminal action against him in personam is illegal, and that the IRS and/or the United States government should instead be proceeding against his property in rem. In his motion for a temporary restraining order, Lewis seeks to enjoin prosecution in the criminal case. SUA SPONTE JUDICIAL REFERRAL FOR PURPOSE OF DETERMINING RELATIONSHIP UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dockets.Justia.com Case 3:07-cv-01008-SI Document 7 Filed 02/20/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 Given the relationship between this case and the criminal action pending before Judge Illston, the court makes this sua sponte judicial referral to Judge Illston in order for the relationship between both cases to be properly determined, as required by Civil Local Rule 3-12(b). This court will NOT hear Lewis' motion for a temporary restraining order until such determination has been made. The February 21, 2007 hearing date set on Friday, February 16, 2007 is VACATED. IT IS SO ORDERED. Dated: February 20, 2007 United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 cc: Honorable Susan Illston; Michael Shepard ______________________________ PHYLLIS J. HAMILTON United States District Judge

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