Case 8:05-cv-02XXXXW-MAP Document 2-1 Filed 10/31/2005 Page 1 of 1

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

VAL PATRIOT,
Plaintiff,
VS.
UNITED STATES OF AMERICA AND
INTERNAL REVENUE SERVICE,
Defendants.
_________________________________/

CASE NO. 8:05-CV-XXXX-T-27MAP

ORDER AND NOTICE OF HEARING

BEFORE THE COURT is Plaintiffs Verified Complaint for Damages for Illegal Tax Collection and Injunctive Relief (Dkt. 1). Plaintiff seeks a temporary restraining order pursuant to 26 U.S.C. § 6331(i)(4)(B), seeking to enjoin an Internal Revenue Service levy on his wages based on an assessment for Plaintiff's tax liability for tax year 1999. Plaintiff contends that after receiving a Notice of Federal Tax Lien and Notice of Right to Hearing, he requested a Collection Due Process Hearing on July 4, 2005 and that pursuant to § 6330(e), the levy action should have been suspended for the period during which such hearing and appeals therein are pending.

To the extent Plaintiff seeks an ex parte temporary restraining order, that request is DENIED.

Plaintiffs request for an preliminary injunction pursuant to § 6331 (i)( 4)(B) wi1l be heard on the 21st day of November. 2005 at 10:00 A.M.. in Courtroom 13B, United States Courthouse, 801 N. Florida Ave, Tampa, Florida 33602. Said hearing shall be conducted in accordance with Fed. R. Civ. P. 6S and M.D. Fla. L. R. 4.06 governing preliminary injunctions. Plaintiff shall cause process to be issued and service effected no less than five (5) days prior to said hearing. Plaintiff shall cause a copy of this order to be served with process.

DONE AND ORDERED in chambers this 31^st day of October, 2005.

S/_______________________
JAMES D.WHITTEMORE
Untied States District Judge
Copies to: Plaintiff, United States Attorney's office