Austin v. Internal Revenue Service (IRS)

Good Law
United States District Court, Northern District of CaliforniaFebruary 9, 20223:21-cv-02637California3,061 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GEORGE JARVIS AUSTIN, Case No. 21-cv-02637-HSG Plaintiff, ORDER GRANTING MOTION TO

DISMISS AND DENYING AS MOOT

v. MOTION FOR LEAVE TO FILE

AMENDED COMPLAINT

INTERNAL REVENUE SERVICE (IRS) ET. AL., Re: Dkt. Nos. 29, 54 11 Defendant. 12 Pending before the Court is a motion filed by Defendant United States to dismiss pro se Plaintiff George Jarvis Austin’s Complaint. Dkt. No. 29. Because the Court agrees with Defendant that Plaintiff fails to establish a waiver of the United States’ sovereign immunity or state a claim upon which relief can be granted, the Court GRANTS Defendant’s motion to dismiss with leave to amend. I. BACKGROUND On April 9, 2021, Plaintiff filed the Complaint alleging that he is owed a tax refund for 2019 which Defendant has failed to pay. See Dkt. No. 1 (“Complaint”). Plaintiff alleges that he 21 22 1 Though Plaintiff did not file an opposition to the motion to dismiss, he did file…

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