Mackey v. US Department of the Treasury et al
| Waldo Mackey |
| US Department of the Treasury, Internal Revenue Service and Scott Bessent |
| 1:2025cv02795 |
| September 5, 2025 |
| U.S. District Court for the District of Colorado |
| Daniel D Domenico |
| Susan Prose |
| Tax Suits |
| 28 U.S.C. § 1331 Fed. Question: Taxes |
| Plaintiff |
Docket Report
This docket was last retrieved on February 25, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 RESPONSE to #26 MOTION to Dismiss filed by Plaintiff Waldo Mackey. (sgrim) |
Filing 28
ORDER by Magistrate Judge Susan Prose on 2/24/2026. This court notes sua sponte that Defendants move to dismiss this case for lack of subject matter jurisdiction. Pursuant to Fed. R. Civ. P. 16(b)(2), this court finds good cause to delay issuing a scheduling order until after the motion is resolved. See Sandoval v. United States, No. 11-cv-01533-REB-KLM, 2011 WL 3682768, at *2 (D. Colo. Aug. 23, 2011) ("Questions of jurisdiction should be resolved at the earliest stages of litigation, so as to conserve the time and resources of the Court and the parties. Thus, a stay of discovery during the pendency of a dispositive motion asserting a jurisdictional challenge may be appropriate and efficient."). Accordingly, if the motion to dismiss is denied at least in part, the parties shall email # [email protected] within three business days to set the scheduling conference. Objections to this order are due within fourteen days. Fed. R. Civ. P. 72(a). For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (sjeff)
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Filing 27
ORDER REFERRING MOTION: #26 MOTION to Dismiss filed by Scott Bessent, US Department of the Treasury, Billy Long, Internal Revenue Service, USA. Motion referred to Magistrate Judge Susan Prose by Judge Daniel D. Domenico on 2/17/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (dddlc12)
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| Filing 26 MOTION to Dismiss by Defendants Scott Bessent, Internal Revenue Service, Billy Long, US Department of the Treasury, USA. (Attachments: #1 Declaration of Angelino Costello, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Proposed Order (PDF Only))(Singh, Nandini) |
Filing 25
ORDER GRANTING Defendants' #23 Unopposed Motion for Extension of Time to Answer or Otherwise Respond by Magistrate Judge Susan Prose on 12/23/2025. The Defendants shall file their responsive pleading on or before February 17, 2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(sjeff)
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Filing 24
ORDER REFERRING MOTION: #23 MOTION for Extension of Time to File Answer or Otherwise Respond filed by Scott Bessent, US Department of the Treasury, Billy Long, Internal Revenue Service, USA. Motion referred to Magistrate Judge Susan Prose by Judge Daniel D. Domenico on 12/22/25. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (dddlc12)
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| Filing 23 MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Scott Bessent, Internal Revenue Service, Billy Long, US Department of the Treasury, USA. (Attachments: #1 Proposed Order (PDF Only))(Singh, Nandini) |
| Filing 22 USPS Certified Mail Receipt upon U.S. Attorney General re: #15 Certificate of Service on 12/2/2025. (cmadr, ) |
| Filing 21 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Waldo Mackey. Plaintiff party does not consent.. (agryan) |
Filing 20
ORDER GRANTING #17 United States' Motion for Extension of Time by Magistrate Judge Susan Prose on 11/26/2025. For good cause shown-including the recent lapse in appropriations that prevented government counsel and IRS personnel from working on this case, and the resulting need for additional time to coordinate with the IRS and prepare an appropriate response-the Motion is GRANTED. Defendants' answer/response to the Complaint are due 1/16/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry. (sbplc9, )
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| Filing 19 USPS Certified Mail Receipt Return re: #15 Certificate of Service.(jrobe, ) |
Filing 18
ORDER REFERRING MOTION: #17 MOTION for Extension of Time to File Answer or Otherwise Respond re #5 Amended Complaint filed by Scott Bessent, US Department of the Treasury, Billy Long, Internal Revenue Service, USA. Motion referred to Magistrate Judge Susan Prose by Judge Daniel D. Domenico on 11/20/25. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (dddlc12)
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| Filing 17 MOTION for Extension of Time to File Answer or Otherwise Respond re #5 Amended Complaint by Defendants Scott Bessent, Internal Revenue Service, Billy Long, US Department of the Treasury, USA. (Attachments: #1 Proposed Order (PDF Only))(Singh, Nandini) |
| Filing 16 Acknowledgment Letter re: ECF #15 from the U.S. Attorney's Office on 11/18/2025. (cmadr, ) |
| Filing 15 CERTIFICATE of Service by Clerk of Court re #5 Amended Complaint for Service of Process. (Attachments: #1 USPS Certified Mail Receipt) (cmadr, ) |
Filing 14
ORDER REFERRING CASE to Magistrate Judge Susan Prose. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 11/14/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry. (rkeec)
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| Filing 13 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jrobe, ) |
Filing 12
ORDER DRAWING CASE. After review pursuant to D.C.COLO.LCivR 8.1(a), the Court has determined that this case does not appear appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if appropriate, a magistrate judge. See D.C.COLO.LCivR 8.1(c). Accordingly, it is ORDERED that this case shall be drawn to a presiding judge and, if appropriate, a magistrate judge. By Magistrate Judge Richard T. Gurley on 11/13/2025. Case randomly reassigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Susan Prose for all further proceedings. All future pleadings should be designated as 25-cv-02795-DDD. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (jrobe, ) Modified to correct on 11/14/2025 (jrobe, ).
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Filing 11
ORDER GRANTING LEAVE TO PROCEED UNDER 28 U.S.C. 1915 by Magistrate Judge Richard T. Gurley on 11/13/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record.(jrobe, )
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Filing 10
MINUTE ORDER by Magistrate Judge Richard T. Gurley on 10/29/2025. Since the Defendants need not respond to the Complaint at this time because this case is in initial review, the pending motion (ECF No. #9 ) is DENIED AS MOOT. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record.(ggill, )
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| Filing 9 MOTION for Extension of Time to Respond to Complaint by Defendants Scott Bessent, Internal Revenue Service, Billy Long, US Department of the Treasury, USA. (Attachments: #1 Proposed Order (PDF Only))(Singh, Nandini) |
| Filing 8 CONSENT to Jurisdiction of Magistrate Judge by Defendants Scott Bessent, Internal Revenue Service, Billy Long, US Department of the Treasury, USA All parties do not consent.. (Singh, Nandini) |
| Filing 7 NOTICE OF APPEARANCE by Defendants Scott Bessent, Internal Revenue Service, Billy Long, US Department of the Treasury, USA (Singh, Nandini) |
| Filing 6 Application to Proceed in District Court Without Prepaying Fees or Costs. by Plaintiff Waldo Mackey. (jrobe, ) |
| Filing 5 AMENDED COMPLAINT filed by Waldo Mackey.(jrobe, ) |
Filing 4
ORDER Directing Plaintiff to Cure Deficiencies. It is ordered Plaintiff cure the deficiencies designated within thirty (30) days from the date of this order. If Plaintiff fails to cure all of the designated deficiencies within thirty (30) days from the date of this order, the action will be dismissed without further notice. The dismissal shall be without prejudice, by Magistrate Judge Richard T. Gurley on 09/08/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (agryan)
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| Filing 3 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (a). Text Only Entry. (echa, ) |
| Filing 2 COMPLAINT against Internal Revenue Service, Billy Long, US Department of the Treasury, USA, filed by Waldo Mackey. Text Only Entry. [Public Entry for #1 Complaint] (echa, ) |
| Filing 1 RESTRICTED DOCUMENT - Level 1: COMPLAINT by Plaintiff Waldo Mackey. (echa, ) |
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