Opinion
767-23
09-06-2024
LARNELL NOLAN, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Kathleen Kerrigan Chief Judge
On January 30, 2023, petitioner filed the petition. On March 22, 2023, respondent filed the Answer. On September 26, 2023, petitioner filed a Motion for Leave to File First Amended Petition and lodged a First Amended Petition. By Order served December 7, 2023, petitioner's motion was granted in that the First Amended Petition was filed as a First Amendment to Petition and respondent was directed that he need not file a responsive pleading.
On February 6, 2024, petitioner filed a Motion for Default and Dismissal. On February 8, 2024, respondent filed a Response to Motion for Default and Dismissal. By Order served February 12, 2024, the Court denied petitioner's motion.
On July 24, 2024, petitioner filed a motion that was in nature of another Motion for Default and Dismissal that was recharacterized as a Motion for Default and Dismissal. By Order served August 7, 2024, the Court denied petitioner's motion.
On August 26, 2024, petitioner filed a Statement Motion for Nil Dicit Judgment, which is in nature another Motion for Default and Dismissal.
For the reasons set forth in respondent's Response to Motion for Default and Dismissal, filed February 8, 2024, we will deny petitioner's Statement Motion for Nil Dicit Judgment.
Accordingly, upon due consideration, it is ORDERED that petitioner's Statement Motion for Nil Dicit Judgment is denied.