Mackey

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DAVID E. MACKEY, Case No. 1:20-cv-00624-DAD-BAM Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DISMISSAL OF CERTAIN

v. CLAIMS AND DEFENDANTS DEPARTMENT OF THE TREASURY (Doc. Nos. 1, 10, 11.)

INTERNAL REVENUE SERVICE

APPEALS OFFICE, et al., Defendants. 17 Plaintiff David E. Mackey (“Plaintiff”), a detainee at Coalinga State Hospital proceeding pro se and in forma pauperis, initiated this civil action on April 16, 2020. (Doc. No. 1). The matter was transferred to this Court on May 1, 2020. (Doc. No. 4). On May 18, 2020, the Court screened Plaintiff’s complaint and found that he stated a cognizable tax refund claim against the United States, but he failed to state any other cognizable claims. The Court therefore directed Plaintiff either to file a first amended complaint or to file a notice that he did not wish to file an amended complaint and was willing to proceed only on his cognizable tax refund claim against…