USA v. Dawursk, et al

Filing 141

ORDER Denying 137 Emergency Motion for Bill of Review and Request for Temporary Restraining Order, signed by Judge Richard P. Matsch on 11/12/2009.(rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 03-cv-00908-RPM UNITED STATES OF AMERICA, Plaintiff, v. RONALD R. DAWURSK; MARIANNE WILSON, as Trustee of Dolphin Trust; and MARIANNE WILSON, as Trustee of Jade Trust; JUDITH DAWURSK, a/k/a JUDITH ENGLUND Defendants. ORDER DENYING EMERGENCY MOTION FOR BILL OF REVIEW AND REQUEST FOR TEMPORARY RESTRAINING ORDER On October 26, 2009, a person identifying himself as "Jimmy Allen Holden, pro se and as Next Friend of defendant Ronald R. Dawursk" filed a motion captioned "Emergency Motion for Bill of Review and Request for Temporary Restraining Order." [Dkt. 137.] The motion seeks a stay of the foreclosure sale of the Dawursk residence, which was scheduled to occur on October 28, 2009. In support of that request, the movant argues that judgment should not have entered against Ronald R. Dawursk, asserting that the United States improperly calculated Dawursk's tax obligations. The movant also asserts that Dawursk was incompetent as a result of alcoholism and for that reason default judgment should not have entered against him. Jimmy Allen Holden has no standing to seek to enjoin the foreclosure sale. Holden is not a party to this action. Holden does not claim any interest in the real property that is the subject -1-

of the scheduled foreclosure sale. It has not been shown that Defendant Ronald R. Dawursk is incapable of participating in this action. The Plaintiff's claim against Defendant Ronald R. Dawursk was reduced to final judgment on April 21, 2008. The movant's attacks on the judgment are improper and untimely. The movant's pro se status does not excuse the motion's defects. Accordingly, it is ORDERED that the "Emergency Motion for Bill of Review and Request for Temporary Restraining Order" [Dkt. 137] is denied. Dated: November 12, 2009 BY THE COURT: s/Richard P. Matsch Richard P. Matsch, Senior District Judge

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