Free Order on Motion for Default Judgment - District Court of Colorado - Colorado

Case 1:02-cv-01833-WYD-BNB

Document 37

Filed 08/27/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Civil Action No. 02-D-1833 (BNB) GARY R. COZZOLINO, JR., Petitioner, v. INTERNAL REVENUE SERVICE, Department of the Treasury, Respondent. _____________________________________________________________________ ORDER _____________________________________________________________________

THIS MATTER is before the Court on Pro Se Petitioner Gary R. Cozzolino, Jr.' s Motion for (sic) File Lien for Default Judgment (" Motion" filed November 16, 2004. ), Through his Motion, Petitioner requests " lien be placed on property including assets [a] and Bank accounts together with interest thereof at the legal rate, until debt has been paid in full thereof." In support of his Motion, Petitioner asserts Respondent Internal Revenue Service, Department of the Treasury (" IRS" failed to respond to the motions ), of the federal courts, wrongfully denied the truth, and failed to make payments through the Court. Upon my review of the record, I find Petitioner' Motion is without merit and s should be DENIED. On August 7, 2003, Judgment was entered in favor of the IRS and this action was dismissed with prejudice. Accordingly, I find Petitioner' filing to be nonsensical, as s the IRS, not Petitioner, is the party who might request a lien be placed on property in this action. I further find, Petitioner' Motion is untimely to the extent it was intended to s

Case 1:02-cv-01833-WYD-BNB

Document 37

Filed 08/27/2005

Page 2 of 2

constitute a Fed. R. Civ. P. 59 Motion, as it was filed nineteen months after the final judgment in this action. Accordingly, it is ORDERED that Petitioner' Motion for (sic) File Lien for Default Judgment, filed s November 16, 2004, is DENIED. Dated: August 27, 2005 BY THE COURT:

s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge

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