Bryant v. Internal Revenue Service et al

Filing 6

ORDER as this case appears to involve the same disputes as case No. 4:09CV00941-BSM, which Judge Miller dismissed with prejudice, the Court will dismiss this action with prejudice; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 9/1/10. (vjt)

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Bryant v. Internal Revenue Service et al Doc. 6 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION DONALD A. BRYANT v. No. 4:10CV01175 JLH DEFENDANTS ORDE R Donald A. Bryant has filed a complaint attached to which is an order entered by the Honorable Brian S. Miller in the case of Donald A. Bryant v. Internal Revenue Service, E.D. Ark. No. 4:09CV00941 BSM. In that case, Judge Miller entered an order directing the Internal Revenue Service to produce records of Bryant's 1099 Forms for the years 2000 through 2009. He also entered an order dismissing the action with prejudice after the IRS certified that it produced those copies. The complaint in this case is unclear. The Court cannot determine whether Bryant does not believe that the Internal Revenue Service has complied with the order entered by Judge Miller, or whether he believes that he should be entitled to relief in addition to the relief granted by Judge Miller. Either way, it appears that the case involves the same disputes as case No. PLAINTIFF INTERNAL REVENUE SERVICE and DEPARTMENT OF TREASURY 4:09CV00941 BSM, which Judge Miller dismissed with prejudice. If Bryant believes that further relief is needed, his alternatives are to file appropriate motions under the Federal Rules of Civil Procedure in Case No. 4:09CV00941 BSM or to appeal the order dismissing the case to the United States Court of Appeals for the Eighth Circuit. He is not entitled, however, to continue that litigation in a separate case. Therefore, this action will be dismissed with prejudice. IT IS SO ORDERED this 1st day of September, 2010. J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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