And Chief Judge Thornton will treat your petition as filed.
Using the famous line from Cuba Gooding, Jr.’s, Academy-award-winning performance in the 1996 classic “Jerry Maguire”, Chief Judge Thornton bails out Johnny Lawler, Docket No. 16712-13, filed 11/13/13.
IRS mailed Johnny’s SNOD April 10; Johnny’s last day to petition, therefore, is July 9. But Johnny’s imperfect petition doesn’t arrive at 400 Second Street, NW, until July 24, in an envelope postmarked July 17. Johnny subsequently amends September 23.
Johnny’s out on his proverbial, right? Ninety days means ninety days, only Congress can change it, and it doesn’t matter what hardship caused the delay. Even one day over ninety means game over.
No, Johnny used EasyMoney, and that saves the day.
Ch J Thornton: “Upon further review of the Court’s records, it appears that (1) on July 9, 2013, the Court received from petitioner EasyMoney money order #5401698 in the amount of $60, and (2) the Clerk of the Court returned the said money order to petitioner because it was not clear to which docket number the filing fee should have been applied. Because on July 9, 2013, the last day for timely filing a petition, the Court received from petitioner the filing fee for commencing a case in this Court, the Court shall file petitioner’s petition nunc pro tunc as of July 9, 2013.” Order, at p. 1.
If all else fails, show me the money.
You must be logged in to post a comment.