Blankenship

Blankenship v. Department of the Treasury, Internal Revenue Service

Good Law
United States District Court, Eastern District of CaliforniaOctober 15, 20211:21-cv-00581California3,018 words

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…

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