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Hudson v. Internal Revenue Service

December 8, 2006

PAUL J. HUDSON
v.
INTERNAL REVENUE SERVICE



The opinion of the court was delivered by: Thomas J. McAVOY, Senior United States District Judge

DECISION AND ORDER

I. BACKGROUND

On March 23, 2006, the Court issued an order staying the instant matter and ordering that:

Plaintiff shall submit a Status Report on this matter to the Court no later than four (4) months from the date of this Order, and every four (4) months thereafter if the matter continues to be stayed.

The Status Report shall briefly state the current status of the bankruptcy proceeding relating to this matter, and any other information that will provide the Clerk with an indication when this case can be placed on the Court's active calendar. Failure to comply with this Order may subject you to sanctions under Rule 16(f), Federal Rules of Civil Procedure.

See 3/23/06 Ord. [dkt. # 33].

Pursuant to this Order, Plaintiff's first status report was due on July 24, 2006. No such status report was filed.

On November 16, 2006, the Court issued a Notice for Dismissal ordering Plaintiff to show cause why the action should not be dismissed for his apparent failure to prosecute.

See Court Notice for Dismissal [dkt. # 34]. Plaintiff responded, contending:

(1) that on July 21, 2006, plaintiff (an attorney) prepared a status report and telephoned the chambers of the Hon. Magistrate Judge Randolph F. Treece to advise the court that the Bankruptcy Court had issued a decision in the related case and to request consent for submission of my status report by paper as my ECF status had not gone through. I was advised that they could not consent without order of the court.

Hudson Decl. ¶ 15;

(2) that when Plaintiff "attempted to again obtain ECF status," his attempt was unsuccessful. Id. ¶ 16;

(3) that "[a]t the same time, my computer became infected with a virus and I was unable to get online and some of my filed were destroyed." Id. ¶ 17.

(4) plaintiff then tried to have the report "electronically transmitted by a cooperating law office that was in the ECF system" but "through some miscommunication on my part, that I had only recently become ...


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