Elmer H. Thomassen v. United States of America

Elmer Thomassen, appearing pro se, appeals the final judgment of the district court, entered July 26, 1985, dismissing his complaint for declaratory relief in the tax sale of his property. Thomassen also appeals from orders entered July 26, 1985, finding him in contempt for failure to pay attorney fees awarded to the United States, confining him for contempt, and denying separate motions to amend orders of the court dated May 6, 1985 (“the May 6 order”), and June 4, 1985 (“the June 4 order”).

In the May 6 order the court granted attorney fees to the United States and denied Thomassen’s motion to vacate the dismissal of his complaint. In the June 4 order, the court denied Thomassen’s application for an extension of time in which to appeal a collateral order issued by another district court judge, concerning disqualification of the judge assigned to the case. We affirm in part, reverse in part, and remand to the district court for further proceedings in accordance with this opinion.

I.

This case has a complex and convoluted history. On October 24, 1984, Elmer H. Thomassen, proceeding pro per, filed a complaint seeking to enjoin the sale of his orange grove property in…