Blankenship
Blankenship v. Department of the Treasury, Internal Revenue Service
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ARTEMUS BLANKENSHIP, Case No. 1:21-cv-00581-NONE-SAB
Plaintiff, FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSAL OF FIRST
v. AMENDED COMPLAINT
DEPARTMENT OF THE TREASURY, (ECF No. 10)
INTERNAL REVENUE SERVICE,
15 Defendant. 16 17 18 19 Artemus Blankenship (“Plaintiff”), a state prisoner proceeding pro se and in forma pauperis, filed this action against the Department of Treasury, Internal Revenue Service (“IRS”) on April 7, 2021. (ECF No. 1.) On May 12, 2021, the Court screened Plaintiff’s complaint and found it lacked jurisdiction to consider Plaintiff’s claims where Plaintiff failed to allege facts demonstrating compliance with the IRS’s administrative claim requirements. (ECF No. 7.) Nevertheless, Plaintiff was granted thirty days to file an amended complaint to cure the identified deficiencies. (Id.) Thus, Plaintiff’s first amended complaint was due by June 11, 2021. (See id.) On June 9, 2021, Plaintiff requested a 90-day…