United States District Court
NORTHERN DISTRICT OF GEORGIA
Harry Patriot } Case No. 2:06-MI-_____ Petitioner } } OBJECTION TO MAGISTRATE’S vs. } ORDER/RECOMMENDATION } DENYING REQUEST TO PROCEED United States of America } IN FORMA PAUPERIS Respondent }Petitioner Harry Patriot hereby files his Objection to the Order/Recomendation dated October 30, 2006, based on the following grounds:
1. On October 11, 2006, Petitioner filed application to proceed in forma pauperis which disclosed Petitioner’s financial situation. On October 30, 2006, the Honorable Susan S. Cole, United States Magistrate Judge, Northern District of Georgia, denied petitioner’s application to file in forma pauperis and not to pay filing fees.
2. Under IRC § 6320, Petitioner has a Right to a Collection Due Process Hearing (CDPH) before the IRS Appeals Division. IRS Appeals denied Petitioner’s hearing, and Petitioner appealed their determination to the District Court under 26 USC § 6320, filing prior to October 17, 2006, when that provision of the law was repealed.
3. The Magistrate is without authority to issue any depositive order. Such power is reserved to a Judge who, under the Constitution, is appointed for life with no diminishment of salary.
4. Petitioner requests that a Judge with a proper authority make a decision on his application to file without an outrageous filing fee. Petitioner does not have that kind of money.
5. The new filing fees in the federal judiciary limit access to the federal courts to only the rich and wealthy. The average resident of North Georgia doesn’t have that kind of money and is thereby denied access to the federal courts. This new fee schedule constitutes discrimination on the basis of wealth and should be declared unconstitutional
7. Due to a change in circumstances, Petitioner would like to submit a new application.
In conclusion, the Magistrate’s Order should be overturned and the new filing fees be declared unconstitutional.
November 13, 2006 _______________________________________
Harry Patriot, Petitioner pro se