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  • In Re: William T. Davis, Jr. Jeanette C. Davis, 39 F.3d 1176, 4th Cir. (1994)

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    William and Jeanette Davis filed a petition for a writ of prohibition to prevent a district court from enforcing an IRS third-party summons issued to their bank for documents. However, according to a supplement, the bank had already appeared before the district court and turned over the requested documents, making the Davises' petition for relief moot. The Fourth Circuit thus dismissed the petition, finding that the facts and legal issues were adequately presented and that oral arguments would not aid their decision.

    Original Description:

    Filed: 1994-11-01 Precedential Status: Non-Precedential Citations: 39 F.3d 1176 Docket: 94-2095

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    William and Jeanette Davis filed a petition for a writ of prohibition to prevent a district court from enforcing an IRS third-party summons issued to their bank for documents. However, according to a supplement, the bank had already appeared before the district court and turned over the requested documents, making the Davises' petition for relief moot. The Fourth Circuit thus dismissed the petition, finding that the facts and legal issues were adequately presented and that oral arguments would not aid their decision.

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    In Re: William T. Davis, Jr. Jeanette C. Davis, 39 F.3d 1176, 4th Cir. (1994)

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    William and Jeanette Davis filed a petition for a writ of prohibition to prevent a district court from enforcing an IRS third-party summons issued to their bank for documents. However, according to a supplement, the bank had already appeared before the district court and turned over the requested documents, making the Davises' petition for relief moot. The Fourth Circuit thus dismissed the petition, finding that the facts and legal issues were adequately presented and that oral arguments would not aid their decision.

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    of 1

    39 F.

    3d 1176

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    In re: William T. DAVIS, Jr.; Jeanette C. Davis, Petitioners.
    No. 94-2095.

    United States Court of Appeals, Fourth Circuit.


    Submitted Oct. 18, 1994.
    Decided Nov. 1, 1994.

    On Petition for Writ of Prohibition. (CA-94-25).


    William T. Davis, Jr., Jeanette C. Davis, petitioners pro se.
    PETITION DISMISSED.
    Before MURNAGHAN, NIEMEYER, and WILLIAMS, Circuit Judges.
    PER CURIAM:

    William T. Davis, Jr., and Jeanette C. Davis have filed a petition for a writ of
    prohibition in this Court in which they seek to prevent the district court from
    enforcing a third party summons issued by the Internal Revenue Service to the
    president of their bank. According to the supplement filed with their petition,
    the bank's attorney has already appeared before the district court and turned
    over the requested documents. Therefore, the Davis' petition for extraordinary
    relief in this Court is moot and we dismiss accordingly. We dispense with oral
    argument because the facts and legal contentions are adequately presented in
    the materials before the Court and argument would not aid the decisional
    process.

    PETITION DISMISSED.

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