(PS) Huberty v. IRS
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MATTHEW J. HUBERTY, et. al., No. 2:22-cv-827-DJC-KJN PS Plaintiffs, FINDINGS AND RECOMMENDATIONS TO
DISMISS FOR FAILURE TO PROSECUTE
v. INTERNAL REVENUE SERVICE, Defendant. 16 Plaintiff, proceeding without the assistance of counsel, filed a complaint against defendant in May of 2022 and requested leave to proceed without prepayment of the filing fee. (ECF Nos. 1, 2.) Defendant moved to dismiss, and plaintiff requested leave to amend the complaint. (ECF Nos. 10, 13.) The court held a hearing on November 23, 2022, granting dismissal but granting plaintiff Robert Huberty leave to amend, within 45 days, after retaining counsel. (ECF No. 17.) On April 10, 2023, the court noted that significant time had passed without an amended complaint being filed. Rather than recommending dismissal at that time, however, the court ordered plaintiff to inform the court why he had not amended his complaint. (ECF No. 19.) Plaintiff was given another 14 days to…