Perez v. Internal Revenue Service et al
| Joseph Perez |
| Internal Revenue Service, Linda I Aponte, Marjorie Gallagher, Pamela Weems-Baker, Deidre A Moran, Sterling Hickerson, Jr and Melissa Franklin |
| 2:2023cv00215 |
| February 9, 2023 |
| US District Court for the District of Nevada |
| Cristina D Silva |
| Elayna J Youchah |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
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Filing 5
ORDER Granting #1 Motion/Application for Leave to Proceed in forma pauperis. REPORT AND RECOMMENDATION. IT IS RECOMMENDED that Plaintiff's claims under the Fifth, Eighth, and Fourteenth Amendments asserted against the IRS be dismissed with prejudice as amendment is futile. IT IS FURTHER RECOMMENDED that Plaintiff's claims under the Fifth, Eighth, and Fourteenth Amendments asserted against the Individual Agents in their official and individual capacities be dismissed with prejudice as amendment is futile. IT IS FURTHER RECOMMENDED that Plaintiff's 26 U.S.C. 7422 claim against the IRS be dismissed without prejudice and with leave to amend. IT IS FURTHER RECOMMENDED that Plaintiff's 26 U.S.C. 7422 claim against the Individual Agents be dismissed with prejudice as amendment is futile. IT IS FURTHER RECOMMENDED that if Plaintiff chooses to do so, he be given one opportunity to file an amended complaint, which he must file no later than 5/1/2023. The amended complaint must be titled FIRST AMENDED COMPLAINT and must allege all facts and all claims Plaintiff seeks to assert. The Court cannot refer back to Plaintiff's original Complaint when determining if the amended complaint states a claim. Plaintiff must be mindful to demonstrate he has exhausted all administrative remedies in accordance with 26 U.S.C. 7422. IT IS FURTHER RECOMMENDED that Plaintiff's failure to timely comply with this Recommendation may result in a further recommendation to dismiss this action in its entirety. Objections to R&R due by 4/12/2023. Signed by Magistrate Judge Elayna J. Youchah on 3/29/2023. (Copies have been distributed pursuant to the NEF - KF)
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Filing 4
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 3/13/2023. By Law Clerk: C. Ponder. Before the Court is Plaintiff's Motion for Early Mediation. ECF No. #3 .On February 9, 2023, Plaintiff filed an application to proceed in forma pauperis along with his Complaint. ECF Nos. #1 , [1-1]. The Complaint has not yet been screened. Therefore, Plaintiff's Motion for Early Mediation is premature.Accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion for Early Mediation (ECF No. #3 ) is DENIED without prejudice. (no image attached) (Copies have been distributed pursuant to the NEF - CMP)
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Filing 3
MOTION to Order for Early Mediation by Plaintiff Joseph Perez. (HKL) (misc) (settlement)
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Filing 2
ADVISORY LETTER to litigant. (CJS)
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Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Elayna J. Youchah. (CJS)
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Filing 1
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Joseph Perez. (Attachments: #1 Complaint)(CJS)
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