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BLACK v. IN REM "NOTICE OF LIEN"

United States District Court, N.D. Illinois


April 29, 2004.

REX EUGENE BLACK, CAROL LYNN BLACK, and EAGLE ACRES FAMILY TRUST, Plaintiffs,
v.
IN REM "NOTICE OF LIEN" FILED BY ANNETTE M. JONES and JANOISE PERSON; INTERNAL REVENUE SERVICE; and MARY ANN STUKEL, WILL COUNTY RECORDER OF DEEDS, Defendants

The opinion of the court was delivered by: JAMES MORAN, Senior District Judge

MEMORANDUM OPINION AND ORDER

Rex Eugene Black is the sole remaining plaintiff in this case. He has sued two agents of the United States Internal Revenue Service, seeking to remove tax liens on some property and quiet title. The IRS and the Will County Recorder of Deeds are also named as defendants. Plaintiffs filed the case in state court and the United States removed.

At a status conference on March 3, 2004, the government established that it had not been properly served. It was also brought to the attention of the court that the case in all probability violated the substance of a permanent injunction entered by Judge Gettleman on July 25, 2003, and without question violated a provision of that injunction requiring disclosure to the court of all documents plaintiff caused to be filed against the United States, or any of its officials or employees. We directed plaintiff to disclose this case to Judge Gettleman.

  Plaintiff has failed to perfect service, he has failed to disclose the case to Judge Gettleman and he failed to appear at the status set for today. The suit is dismissed for failure to comply with court orders and for want of prosecution.

20040429

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