Marinelli v. Grimes et al (MAG+)

Filing 22

JUDGMENT that Plaintiff's 19 objections are overruled; that the United States Magistrate Judge's 18 recommendation is adopted; that 12 motion for hearing and 16 and motion for summary judgment are denied; that 9 motion to substitu te is granted and the United States of America is substituted for defendant; that 9 motion to dismiss is granted; that this lawsuit is dismissed for lack of jurisdiction; that costs are taxed against plaintiff, for which execution may issue; that t he clerk is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure; that this case is closed. Signed by Honorable Judge Myron H. Thompson on 2/15/2012. (Attachments: # 1 Civil Appeals Checklist)(cc, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

ROBERT MARINELLI,

)
)
Plaintiff,
)
)
v.
)
)
JIM GRIMES, Field Director, )
Compliance Services, and
)
DOUGLAS H. SHULMAN,
)
Commissioner of the
)
Internal Revenue Service, )
Department of the Treasury )
)
Defendants.
)

CIVIL ACTION NO.
2:11cv96-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
this date, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) Plaintiff's

objections

(Doc.

No.

19)

are

overruled.
(2) The

United

States

Magistrate

Judge's

recommendation (Doc. No. 18) is adopted.
(3) The motion for hearing (Doc. No. 12) and motion
for summary judgment (Doc. No. 16) are denied.

(4) The motion to substitute (Doc. No. 9) is granted
and the United States of America is substituted
for defendant.
(5) The motion to dismiss (Doc. No. 9) is granted.
(6) This

lawsuit

is

dismissed

for

lack

of

jurisdiction.
It is further ORDERED that costs are taxed against
plaintiff, for which execution may issue.
The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is closed.
DONE, this the 15th day of February, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE