Miles v. United States

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Granting Respondent's Motion to Dismiss; Dismissing Petitioner's Petition to Quash. Signed by District Judge Raymond A. Jackson and filed on 4/9/09. Copy mailed to petitioner 4/13/09.(lwoo)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Newport News Division

KATHRYN C. MILES, Petitioner,
v.

CIVIL ACTION NO. 4:08mc2

UNITED STATES OF AMERICA, Respondent.

ORDER

Before the Court is the Petition by Kathryn C. Miles ("Petitioner") to quash a summons

issued by the Criminal Investigation Division of the Internal Revenue Service to a third-party.
On July 30, 2008, the United States ("Respondent") filed a Motion to Dismiss ("Motion") with memorandum in support. The proper Roseboro Notice as to the Motion was filed on that same date. Petitioner did not file a response. On October 31, 2008, this matter was referred to a

United States Magistrate Judge pursuant to the provisions of 28 U.S.C. § 636(b)(l)(B) and Federal Rule of Civil Procedure 72(b) for a report and recommendation. On November 4,2008, the Magistrate Judge filed his report recommending that Petitioner's Petition to Quash be Denied and Respondent's Motion to Dismiss be Granted. By copy of the report, the parties were advised

of their right to file written objections to the findings and recommendations made by the
Magistrate Judge. The Court has received no objections to the report and the time for filing the
same has expired.

The Court does hereby accept the findings and recommendations set forth in the report of
the United States Magistrate Judge filed November 4, 2008, and it is, therefore ORDERED that

Respondent's Motion to Dismiss be GRANTED. Accordingly, Petitioner's Petition to Quash is
DISMISSED.

The Court DIRECTS the Clerk to mail a copy of this final Order to Petitioner and Respondent.
IT IS SO ORDERED.

United States District Judge
Norfolk, Virginia
April ^ ,2009

Raymond A. Jacicso7