In Re Michael B. Ellis, et al.

On or about February 3, 2017, The Hon. Emmet G. Sullivan referred Petitioners' D.C.D.C. cases 16-2313 and 17-00022 to The Hon. Magistrate G. Michael Harvey. Judge Sullivan later removed himself from the cases, which were reassigned to The Hon. Timothy J. Kelly. On November 1, 2017, Mr. Harvey issued a Report recommending dismissal of both cases on jurisdictional grounds. On or about November 15, 2017, Petitioners filed their timely Rule 72 Motion complaining of eight "errors" and misrepresentations of their cases by the Magistrate in his Report. The Government failed to contest Petitioners' wellstated Objections. Yet, neither Mr. Harvey's Report nor Petitioners' Objections have been adjudicated by Judge Kelly for the past six months. So, Petitioner Harold Stanley remains incarcerated based on falsified IRS records, and IRS continues falsifying, and using falsified, records to justify thefts of Petitioners' property. Issue: Since "justice delayed is justice denied", since the United States failed to contest Petitioners' Rule 72 Motion, yet, that motion and the related Recommendation to Dismiss remain unadjudicated six months later, Petitioners seek issuance of this Court's mandamus to compel resolution of the Recommendation and their Rule 72 Motion, thus also protecting this Court's appellate jurisdiction over the underlying IRS record falsification program.