Mackey
Mackey v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DAVID E. MACKEY, Case No. 1:20-cv-00624-DAD-BAM Plaintiff, FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSAL OF
v.
ACTION, WITH PREJUDICE, FOR FAILURE
UNITED STATES OF AMERICA, TO PROSECUTE AND FAILURE TO OBEY
COURT ORDER
Defendant. (Doc. 28)
FOURTEEN (14) DAY DEADLINE
17 18 Plaintiff David E. Mackey (“Plaintiff”) is a civil detainee proceeding pro se and in forma pauperis in this tax refund action against Defendant United States of America pursuant to 26 U.S.C. § 7422. For the reasons that follow, the Court recommends that this action be dismissed, with prejudice. I. Background On June 14, 2021, Defendant filed a motion for summary judgment on the ground that there is no genuine dispute as to any material fact that Plaintiff did not have an overpayment of tax during the 2017 tax year and is not owed a refund. Fed. R. Civ. P. 56. (Doc. 22.) Plaintiff was provided with notice pursuant to Local Rule 230(l) that any…