Gorbey

Gorbey v. Internal Revenue Service, Fresno

Good Law
United States District Court, Eastern District of CaliforniaApril 9, 20211:21-cv-00320California2,032 words

Opinion

Trial Court Opinion

I. FACTS AND BACKGROUND

18 Plaintiff Michael Steven Gorbey, a federal inmate proceeding pro se, initiated this case by 19 filing a handwritten document referencing “the Federal Tort Claims Act” and “Bivens.” See Doc. 20 No. 1 at 1. Although not the model of clarity, plaintiff seeks a hearing “to adequately defend 21 [his] imminent danger issues or any aspect of [his] suit,” id. at 1, and identifies one claim alleging 22 that “[t]he IRS has den[ied] or embezzle[d] funds away from [plaintiff] needed for court filing 23 fees causing him to suffer imminent danger [].” Id. at 2. Plaintiff generally complains that the 24 federal courts have improperly denied him access to court by labeling him a three-striker and 25 prohibiting him from proceeding in forma pauperis under 28 U.S.C. § 1915. Id. at 2-3. His

1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 (E.D. Cal. 2019). 28 current claim is predicated upon his application for $1200.00 in stimulus money that he contends the I.R.S. improperly attached for his past taxes. Id. at 8-9. The complaint also contains other unrelated, past allegations against…

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