Shacket

Shacket v. United States

Good Law
339 F. Supp. 2d 1092·2004 WL 2284501·94 A.F.T.R.2d (RIA) 5965·2004 U.S. Dist. LEXIS 18955
United States District Court, Southern District of CaliforniaAugust 24, 200402CV256 R(JSR)California1,638 words

Opinion

Opinion

Rhoades, J.

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

I. Background

Dr. Rick Shacket (“plaintiff Shacket”), who is serving time in federal prison for conspiracy to defraud the United States, brings this action pursuant to the Administrative Procedures Act, 5 U.S.C. § 552 et seq. seeking the disclosure of an IRS Special Agent’s report that led to the decision to prosecute him. Named as defendants are the United States of America, the Internal Revenue Service, and the United States Department of Justice.

Defendants have filed a motion for summary judgment. Prior to his withdrawal as counsel, plaintiff Shacket’s former counsel filed materials in opposition to the motion for summary judgment. After his withdrawal, the court granted plaintiff Shacket an additional six months to hire new counsel and to file additional materials in opposition to the motion. Plaintiff Shacket has not filed any additional materials. The court concludes that plaintiff Shacket has had ample time and opportunity to oppose the motion. For the reasons set forth below, the motion is granted.

II. Background

In January 1996, the IRS initiated an investigation into the activities of plaintiff Shacket, with a request for…

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