Summary
The United States District Court for the Eastern District of California issued a bench warrant for Armando Rios after he failed to comply with an order enforcing an IRS summons and failed to pay a continuing daily contempt fine. The court ordered that Rios remain in custody until compliance or further court order, discharged the reporting requirement, and administratively closed the case.
Holdings
- A court may impose civil contempt sanctions, including a bench warrant for arrest and custody, to compel compliance with its orders when a less coercive monetary sanction has proved ineffective.
- The court issued a bench warrant for Rios's arrest and ordered that he remain in custody until he complied with the prior orders or until further order of the court.
Questions Presented
- Whether the court could issue a bench warrant and remand Rios into custody as a civil contempt sanction after a continuing monetary fine failed to secure compliance with the IRS-summons enforcement order.
- Whether the court should discharge the periodic status-report requirement and administratively close the case after issuing the warrant.
Disposition
other
Cases Cited (3)
- Ahearn ex rel. N.L.R.B. v. International Longshore & Warehouse Union, Locals 21 & 4, 721 F.3d 1122, 1131 (9th Cir. 2013)(followed)
- Seymour v. Wilshire Credit Corp. Home Loans Direct, No. 2:19-CV-00564-MCE-KJN, 2023 WL 2167112, at *3-*4 (E.D. Cal. Feb. 22, 2023)(followed)
- United States v. Flores, 628 F.2d 521, 527 (9th Cir. 1980)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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