United States of America et al v. Davis

Filing 19

ORDER OF ARREST: The United States Marshal shall arrest the respondent, Benjamin Davis, and bring him before the court for a hearing, at which the court shall enforce the subpoena and determine what punishment shall be ordered for the respondent's contempt and default. Signed by District Judge Aleta A. Trauger on 6/21/11. (dt) Modified Text on 6/21/2011 (dt).

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
UNITED STATES OF AMERICA and
)
RANDAL WHITEHEAD, Revenue Officer of the )
Internal Revenue Service,
)
)
Petitioners,
)
)
v.
)
)
BENJAMIN DAVIS,
)
)
Respondent.
)

Civil No. 3:10-0735
Judge Trauger

ORDER OF ARREST
This matter came before the court on June 20, 2011, on this court’s Order requiring the
respondent to appear and show cause why he should not be held in civil contempt for refusing to
obey this court’s earlier Order to appear and produce testimony and certain documents relating to
tax years 2006 and 2007 pursuant to a summons issued by the United States Internal Revenue
Service. (Docket No. 15) The petitioners were present at the show cause hearing, but the
respondent was not. The court finds from the record and the statements of Revenue Officer
Randal Whitehead at the hearing that Respondent Davis had notice of the show cause hearing
and failed to appear.
IT IS THEREFORE ORDERED, pursuant to both 26 U.S.C. § 7604(b), that the United
States Marshal shall arrest the respondent, Benjamin Davis, and bring him before the court for a
hearing, at which the court shall enforce the subpoena and determine what punishment shall be
ordered for the respondent’s contempt and default.
Enter this 21st day of June 2011.
________________________________
ALETA A. TRAUGER
U.S. District Judge