United State District Court
For the Western District of Kentucky
At Bowling Green
Norman H. )
Petitioner )
Vs. ) Case No. 1:09-xxx
United States, and ) Motion for Enlargement of time
Spectrum Bank )
Respondents )
Pursuant to Federal Rules of Civil Procedure Rule 6(b), Petitioner Norman Petitioner hereby files this Motion for an Enlargement of Time based on the following reasons.
1. Petitioner filed on September 18, 2009 his Petition to Quash IRS 3rd Party Summons. On September 21, 2009, The Honorable Joseph H. McKinley, Jr. Judge, USDJ-WDKY refereed the matter to United States Magistrate Judge E. Robert Goebel for disposition of all pretrial motions with the exception of dispositive motions.
2. On October 28, 2009 the United States filed a Motion to Dismiss Petitioner’s Petition to Quash 3rd Party Summons under IRC 7609. Petitioner may have only 20 days to file his opposition.
3. Petitioner hereby requests that this Court extend the amount of time that Petitioner has to file his Opposition to Motion to Dismiss for thirty (30) days or at least twenty (20) days.
4. Petitioner pro se is untrained in legal matters, has never written an opposition motion, possess limited computer skills and few resources whereas the Attorney for the IRS has much experience and the unlimited resources of the federal government at its disposal. Thus taxpayer needs more time to prepare his case, research the issues and write a brief. He requests a court-appointed attorney to assist him.
5. In the case of Haines v. Kerner 404 U.S. 519 (1972), the U.S. Supreme Court has ruled that procedural rules should be relaxed for pro se litigants.
6. Taxpayer requests an extension of time to file his opposition.
Certificate of Service: I do hereby certify that on this date I mailed properly a copy of this pleading to opposing counsel.
___________________________ Date:______________________ Norman H. Russellville, KY 42276