Chinwen v. IRS USA
| Atuegwu Chinwen |
| IRS USA |
| 3:2022cv00633 |
| June 13, 2022 |
| U.S. District Court for the Northern District of New York |
| Miroslav Lovric |
| Brenda K Sannes |
| Tax Suits: IRS-Third Party |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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Filing 11
TEXT ORDER: For the reasons set forth in Order #5 and Text Orders [7, 9], Letter Motion #10 is DENIED. Plaintiff is advised that this matter has been transferred to the Southern District of New York (S.D.N.Y.) per Dkt. No. 5. The case has been opened in the S.D.N.Y. at docket 1:22-cv-05204 and this matter has been closed in the Northern District of New York. All further filings in connection to this matter must be made in the S.D.N.Y. docket 1:22-cv-05204. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/2/2022. (copy served on Plaintiff via regular mail) (jdp )
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| Filing 10 Letter Request Motion filed by Atuegwu Chinwen requesting to Supplement their Motion to Recall the Complaint back to NDNY instead of Transferring Case to SDNY. Submitted to U.S. Magistrate Judge Miroslav Lovric. (map) |
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Filing 9
TEXT ORDER: In regards to Letter #8 , Plaintiff is advised that this matter has been transferred to the Southern District of New York (S.D.N.Y.) per Dkt. No. #5 ; the case has been opened in the S.D.N.Y. at docket 1:22-cv-05204; and this matter has been closed in the Northern District of New York. All further filings in connection to this matter must be made in the S.D.N.Y. docket 1:22-cv-05204. SO ORDERED by Magistrate Judge Miroslav Lovric on 7/22/2022. (copy served on Plaintiff via regular mail) (jdp)
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| Filing 8 LETTER filed by Atuegwu Chinwen asking not to transferring complaint/ case to the Southern District of New York. (jdp ) |
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Filing 7
TEXT ORDER: to the extent that Plaintiff's Letter #6 is construed as a motion for reconsideration, that motion is DENIED. There is nothing in [28 U.S.C. 1391(e)] or its legislative history which suggests that Congress... sought to allow a federal agency to be sued... wherever it may maintain an office. To the contrary, the wording of the statute itself precludes such an expansive reading. Davies Precision Machining Inc. v. Defense Logistics Agency, 825 F. Supp. 105, 107 (E.D. Pa. 1993) (citing Reuben H. Donnelley Corp. v. Fed. Trade Comm'n, 580 F.2d 264, 267 (7th Cir. 1978)). "Venue is not proper merely because a federal agency maintains a regional office in a district." Schwarz v. I.R.S., 998 F. Supp. 201, 203 (N.D.N.Y. 1998) (Scullin, J.) (citing Davies, 825 F. Supp. at 107; Hartke v. Fed. Aviation Admin., 369 F. Supp. 741, 746 (E.D.N.Y. 1973) (resides for purposes of 1391(e) shall not be construed to include every district where a subordinate of an agency has an office)). "Since the offices of the IRS in the Northern District of New York are not alleged to have engaged in any substantial part of the activity complained of in Plaintiff's complaint,... venue, as determined by 28 U.S.C. 1391(e) is improper in this district." Schwarz, 998 F. Supp. at 203. SO ORDERED by Magistrate Judge Miroslav Lovric on 7/6/2022. (copy served on Plaintiff via regular mail) (jdp )
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| Filing 6 Letter in Opposition to the #5 Order Transferring Case filed by Pro Se Plaintiff Atuegwu Chinwen. (map) |
| Case transferred from New York Northern has been opened in Southern District of New York as case 1:22-cv-05204, filed 06/21/2022. (nas, ) |
| Case transferred electronically to the Southern District of New York pursuant to the #5 Order Transferring Case dated 6/15/2022. (map) |
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Filing 5
ORDER TRANSFERRING CASE: WHEREFORE, it is hereby ORDERED that the Clerk of the Court transfer this matter to the United States District Court for the Southern District of New York pursuant to Local Rule 3.7 of the Northern District of New York; and it is further ORDERED that the Clerk of this Court advise the clerk of the Southern District of New York of the entry of this order and provide all information necessary for the clerk of the Southern District of New York to electronically access the documents filed in this action. The Court hereby waives the fourteen (14) day waiting period provided for in Local Rule 3.7; and it is further ORDERED that the Clerk serve a copy of this order upon Plaintiff in accordance with this Courts local rules. Signed by U.S. Magistrate Judge Miroslav Lovric on 6/15/2022. (Attachments: #1 Unpublished Cases to Order of Transfer)(Copy served via regular mail on Pro Se Plaintiff Atuegwu Chinwen on 6/16/2022)(map)
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| Filing 4 PRO SE HANDBOOK, LOCAL RULES and PRO SE NOTICE mailed as to Atuegwu Chinwen prior to this complaint paperwork being filed. Pro Se Notice returned unsigned by Pro Se Litigant Atuegwu Chinwen. (map) |
| Filing 3 MOTION for Appointment of Counsel filed by Atuegwu Chinwen. Motions referred to U.S. Magistrate Judge Miroslav Lovric. (map) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Atuegwu Chinwen. (Attachments: #1 Proposed Summons: IRS USA, #2 Proposed Waiver of Service of Summons Forms) Motions referred to U.S. Magistrate Judge Miroslav Lovric. (map) |
| Filing 1 COMPLAINT against IRS USA filed by Atuegwu Chinwen. (Attachments: #1 Civil Cover Sheet, #2 Mailing Envelope) (map) |
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| Plaintiff: Atuegwu Chinwen | |
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