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GARDNER v. U.S.

No. 99-5065.

211 F.3d 1305 (2000)

Bruce E. GARDNER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 19, 2000.

Attorney(s) appearing for the Case

Bruce E. Gardner, appearing pro se, argued the cause and filed the briefs for appellant.

Annette M. Wietecha, Attorney, United States Department of Justice, argued the cause for appellee. With her on the brief were Gilbert S. Rothenberg, Attorney, and Mary Lou Leary, United States Attorney at the time the brief was filed. Loretta C. Argrett, Assistant Attorney General, and Edward T. Perelmuter, Attorney, entered appearances.

Before: EDWARDS, Chief Judge, HENDERSON and ROGERS, Circuit Judges.

Opinion for the Court filed by Chief Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Chief Judge:

Bruce Gardner, appearing pro se, appeals the District Court's dismissal of his complaint for failure to prosecute and for lack of subject matter jurisdiction. Mr. Gardner alleges that the Internal Revenue Service ("the Service") unlawfully levied his property without first sending a notice of federal tax deficiency to his last known address. The District Court...

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