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15-287 - Greenidge v. Department of the Treasury - Internal Revenue Service

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15-287 - Greenidge v. Department of the Treasury - Internal Revenue Service
February 5, 2015
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MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. For the reasons set forth herein, plaintiff's 1 complaint fails to state a Title VII claim or to allege facts suggesting a conspiracy involving the IRS. However, since the facts alleged in the 1 complaint suggest that plaintiff may be able to state a claim under 28 U.S.C. § 1346(a)(1) relating to her 2013 Tax Return, the Court will grant plaintiff leave to file an amended complaint on or before February 27, 2015. No summonses shall issue at this time and all further proceedings shall be stayed pending plaintiff's submission of her amended complaint. If plaintiff fails to file her amended complaint within the time allowed, this Court may dismiss this action without further notice to plaintiff. This Court certifies pursuant to 28 U.S.C. § 1915 (a)(3) that any appeal from this Memorandum and Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Sandra L. Townes on 1/30/2015. C/M by Chambers on 2/2/2015. (Barrett, C)
February 29, 2016
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ed with prejudice pursuant to Rules 16(f) and 37(b)(2)(A)(v) of the Federal Rules of Civil Procedure. Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall have 14 days from service of this Report to file written objections. SO ORDERED by Magistrate Judge Lois Bloom, on 2/29/2016. C/mailed. (Objections to R&R due by 3/17/2016.) (Latka-Mucha, Wieslawa)REPORT & RECOMMENDATION: Plaintiff has apparently abandoned this action. No lesser sanction than dismissal is appropriate under these circumstances. Accordingly, it is respectfully recommended that plaintiff's action should be dismiss
March 18, 2016
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Decision and Order Adopting Report and Recommendation in its entirety. The plaintiff's action is dismissed with prejudice. Ordered by Judge Ann M Donnelly on 3/18/2016. **Forwarded for judgment** (Greene, Donna)