Lewis v. International Monetary Fund et al Doc.

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Case 3:07-cv-01008-SI Document 12 Filed 02/26/2007 Page 1 of 2

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5 IN THE UNITED STATES DISTRICT COURT
6 FOR THE NORTHERN DISTRICT OF CALIFORNIA
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8 ROY ALBERT LEWIS, No. C 07-1008 SI
9 Petitioner/Claimant, ORDER DENYING MOTIONS AND
DISMISSING ACTION
10 v.
For the Northern District of California

11 INTERNATIONAL MONETARY FUND

United States District Court

(I.M.F.), A/K/A THE FUND, INTERNAL

12 REVENUE SERVICE, DISTRICT DIRECTOR,
SPECIAL PROCEDURES FUNCTION
13 OFFICER and THEIR PRINCIPAL,
14 Plaintiffs/Libelants.
/
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17 On August 10, 2006, Petitioner/Claimant Roy Albert Lewis was convicted by jury verdict of one
18 count of conspiracy (18 U.S.C. § 371) and four counts of tax evasion (26 U.S.C. § 7201). See U.S. v.
19 v. Roy Albert Lewis, No. CR 05-0638 SI. His motion for judgment of acquittal or, alternatively, for new
20 trial was heard on January 29, 2007 and denied by written order dated February 9, 2007. His sentencing
21 was scheduled for February 23, 2007.
22 This pro se civil action, titled “Libel of Review, Answer of Roy Albert Lewis and Cross-
23 Complaint” and invoking this court’s admiralty and maritime jurisdiction, was filed on February 16,
24 2007. Included in the documents filed was a motion for a “special restraining order” and preliminary
25 injunction, which would, among other things, stay and restrain further prosecution of the criminal action
26 against Roy Albert Lewis.
27 This action, and the motions filed with it, are entirely without merit and Petitioner/Claimant
28 Lewis cannot possibly win relief. Accordingly, the motions [docket entries 3 and 4] are DENIED and

Dockets.Justia.com
 Case 3:07-cv-01008-SI Document 12 Filed 02/26/2007 Page 2 of 2

1 this action is hereby DISMISSED sua sponte in accordance with Fed. R. Civ. P. 12(b)(6). See Omar
2 v. Sea-Land Service, Inc., 813 F.2d 986, 991 (9th Cir. 1987)(“A trial court may dismiss a claim sua
3 sponte under Fed. R. Civ. P. 12(b)(6) . . . . Such dismissal may be made without notice where the
4 claimant cannot possibly win relief.”).
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6 IT IS SO ORDERED.
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8 Dated: February 26, 2007
SUSAN ILLSTON
9 United States District Judge
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For the Northern District of California

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United States District Court

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