Opinion
Case Number 11-50083-BC
08-29-2011
UNITED STATES OF AMERICA, Petitioner, v. DOUGLAS R. POOLE, Respondent.
Honorable Thomas L. Ludington
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION,
AND GRANTING PETITIONER'S MOTION FOR SHOW CAUSE HEARING
Magistrate Judge Charles E. Binder issued a report and recommendation (ECF. No. 13) on July 29, 2011, recommending that the Court grant the government's motion for show cause hearing. Any party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendations. 28 U.S.C. § 636(b)(1). The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. Thomas v. Arn, 474 U.S. 140, 149-52 (1985).
Accordingly, it is ORDERED that the Judge Binder's report and recommendation (ECF. No. 13) is ADOPTED.
It is further ORDERED the government's motion for show cause hearing (ECF No. 12) is GRANTED.
It is further ORDERED that Defendant is DIRECTED to comply with the petition (ECF No. 1) seeking records related to IRS Form 1040 for the tax year of 2007 and Form CIVPEN for the quarterly periods ending December 31, 2005, and December 31, 2007.
It is further ORDERED that a show cause hearing is SCHEDULED for September 19, 2011 at 3:00 p.m., at which Respondent is required to appear. Failure to appear could subject Respondent to potential penalties, including contempt of court.
It is further ORDERED that counsel for Petitioner is DIRECTED to serve Defendant with this order and file a proof of service.
THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on August 29, 2011.
Tracy A. Jacobs