Tepe v. Internal Revenue Service et al
| Mawule Tepe |
| Whirlpool Corporation, United States, Ed Kinkeade, Ogletree Deakins Nash Stewart PC, Internal Revenue Service and Rebecca Rutherford |
| 3:2024cv01280 |
| May 24, 2024 |
| U.S. District Court for the Northern District of Texas |
| Sam A Lindsay |
| Renee Harris Toliver |
| Civil Rights: Other Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 7, 2024. A more recent docket listing may be available from PACER.
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Filing 20
MOTION to Strike #19 Motion for Extension of Time to File Answer to Plaintiff's Complaint Motion to Challenge The Qualification Of Attorney Jennifer Smiley And Motion To Strike Her Motion For Time Extension filed by Mawule Tepe with Brief/Memorandum in Support. (Tepe, Mawule)
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Filing 19
Motion for Extension of Time to File Answer to Plaintiff's Complaint filed by Ogletree Deakins Nash Stewart PC, Whirlpool Corporation Attorney Jennifer Smiley added to party Ogletree Deakins Nash Stewart PC(pty:dft), Attorney Jennifer Smiley added to party Whirlpool Corporation(pty:dft) (Smiley, Jennifer)
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Filing 18
ELECTRONIC ORDER: Pursuant to Special Order 3, before the undersigned magistrate judge for determination is Plaintiffs Motion to Challenge the Qualification of Honorable Magistrate Judge Renee Harris Toliver, Doc. #16 , filed by pro se Plaintiff Mawule Tepe. The undersigned recently recommended that the Court should enforce the pre-filing sanction of the United States District Court for the Eastern District of Tennessee in Tepe v. United States, No. 1:22-CV-272 (E.D. Tenn. Feb. 16, 2023), and dismiss this lawsuit without prejudice and bar Plaintiff from filing future actions in this or any other federal court. Tepe fails to state a legal basis for the disqualification of the undersigned in this case. Tepe declares without any supporting evidence: [T]he action of Honorable Magistrate Judge Renee Harris Toliver not only violates Plaintiff's 5th and 6th amendments rights, but also it is biased against Plaintiff since despite the U.S. Supreme Court's cases precedent that prohibits sanctions and unjustified restrictions, as well as the undisputed evidence on the record that IRS has unlawfully seized Plaintiff's IncomeTax refund, he tries to barre Plaintiff from being restored into his fundamental rights.Besides this, it appears that Honorable Magistrate Judge Renee Harris Toliver issued the recommendation to defend Defendants IRS or United States since he works for United States Government, and he is also trying to defend Defendants Whirlpool Corporation and Ogletree Deakins Nash Stewart PC. Doc. 16 at 4-5 (errors in the original). His scurrilous personal opinions aside, Tepe has failed to establish that the undersigned has any personal interest in or personal bias or prejudice for or against either party to this lawsuit. See 28 U.S.C. 144 and 455. Accordingly, Plaintiff's Motion to Challenge the Qualification of Honorable Magistrate Judge Renee Harris Toliver is DENIED. (Ordered by Magistrate Judge Renee Harris Toliver on 7/11/2024) (chmb)
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Filing 17
CERTIFICATE OF SERVICE by Mawule Tepe Proof of Service Made Upon Ogletree Deakins Nash Smoak & Stewart P.C. (Tepe, Mawule)
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Filing 16
MOTION for Recusal Objection To Honorable Magistrate Judge Renee Harris Tolivers Recommendation ECF No. 15, And Motion To Challenge his Qualification filed by Mawule Tepe (Attachments: #1 Affidavit(s)) (Tepe, Mawule)
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Filing 15
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: This Court should enforce the pre-filing sanction of the United States District Court for the Eastern District of Tennessee in Tepe v. United States, No. 1:22-CV-272 (E.D. Tenn. Feb. 16, 2023) and DISMISS this lawsuit without prejudice. The Court should order that Tepe be BARRED from filing future actions in this or any other federal court without first obtaining leave of court, and that any case filed, removed, or transferred without an application seeking leave to file, shall not be reviewed. (Ordered by Magistrate Judge Renee Harris Toliver on 7/2/2024) (mcrd) Modified text on 7/11/2024 (ali). Modified on 7/11/2024 (chmb).
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Filing 14
CERTIFICATE OF SERVICE by Mawule Tepe Proof of Process Service Made Upon Whirlpool Corporation on 6/28/2024 (Tepe, Mawule)
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Filing 13
Notice of Summons as to Rebecca Rutherford; received on 6/7/2024. (axm)
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Filing 12
Court Request for Recusal: Magistrate Judge David L. Horan recused pursuant to Special Order 3-346. Magistrate Judge Renee Harris Toliver assigned for matters that may be referred in this case. (agc)
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Filing 11
Court Request for Recusal: Magistrate Judge Rebecca Rutherford recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Magistrate Judge David L. Horan for all further proceedings. Future filings should indicate the case number as: 3:24-cv-1280-L-BN. (cea)
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Filing 10
CERTIFICATE OF SERVICE by Mawule Tepe UPDATED Proof of Service Made Upon INTERNAL REVENUE SERVICE on 6/3/2024 (Tepe, Mawule)
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Filing 9
CERTIFICATE OF SERVICE by Mawule Tepe Proof of Service Made Upon UNITED STATES on 6/5/2024 (Tepe, Mawule)
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Filing 8
CERTIFICATE OF SERVICE by Mawule Tepe Proof of Service Made Upon Ed Kinkeade on 6/6/2024 (Tepe, Mawule)
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Filing 7
CERTIFICATE OF SERVICE by Mawule Tepe Proof of Service Made Upon Rebecca Rutherford on 6/6/2024 (Tepe, Mawule)
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Filing 6
CERTIFICATE OF SERVICE by Mawule Tepe Summons Executed Upon INTERNAL REVENUE SERVICE on 6/3/2024 (Tepe, Mawule)
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Filing 5
Summons issued as to Internal Revenue Service, Ed Kinkeade, Ogletree Deakins Nash Stewart PC, Rebecca Rutherford, Mawule Tepe, United States, Whirlpool Corporation, U.S. Attorney, and U.S. Attorney General. (cfk)
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Filing 3
COMPLAINT WITH JURY DEMAND against Internal Revenue Service, Ed Kinkeade, Ogletree Deakins Nash Stewart PC, Rebecca Rutherford, United States, Whirlpool Corporation filed by Mawule Tepe. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Summons) (kcr)
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Filing 2
Notice and Instruction to Pro Se Party. (kcr)
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Filing 1
New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Rutherford (see Special Order 3). Initiating documents received by mail. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (kcr)
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