In the words of the late great William James Basie, here’s Ch J Michael B. (“Iron Mike”) Thornton taking on the obliging role hitherto assigned to Judge David Gustafson, the prisoners’ friend, in Andrew F. Capoccia, Docket No. 2669-07, filed 6/17/15.
That’s no typo; this is a case from 2007.
Andy hasn’t been dismissed for want of prosecution because he has a good excuse. “…petitioner is incarcerated in a Federal prison camp in Pennsylvania.” Order, at p. 1.
As I remarked in my blogpost “We’ll Come To You,” 9/18/12, “Tough to try a case when you’re in the Stony Lonesome.”
Moreover, Andy has a logistical problem akin to that of a certain candidate for public office. “Respondent [IRS] is now in possession of ‘almost 80 boxes of materials’, which presumably include the business records that had previously been in possession of the United States Attorney in Burlington, Vermont, the office which prosecuted petitioner’s criminal case.” Order, at p. 1.
Andy might need some of the stuff in those “almost 80 boxes” to prove a case. Ch J Iron Mike tells IRS to identify “…a procedure by which respondent proposes to provide petitioner access to or copies of his records and thus move this case forward toward resolution, by settlement or otherwise.” Order, at p. 1.
So get on your bike, IRS, and bring those boxes round.