Brooks v. Internal Revenue Service

Filing 24

ORDER granting 21 Motion to Dismiss and dismissing plaintiff's amended complaint with prejudice. Signed by Judge Susan Webber Wright on 5/13/13. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION DWIGHT ELLIS BROOKS, Plaintiff, VS. INTERNAL REVENUE SERVICE, Defendant. * * * * * * * * * * * * * * * NO: 4:12CV00016 SWW Order Plaintiff filed a complaint against the IRS in state court on November 28, 2011. Defendant timely removed the case and the Court dismissed the complaint with prejudice. Plaintiff’s appeal was dismissed for failure to prosecute. Plaintiff then filed a motion to set aside this Court’s judgment, which was denied. Plaintiff then filed an amended complaint in state court adding defendants, including the undersigned. See docket entries 18 & 19. The IRS filed a motion to dismiss to which plaintiff failed to respond. For the reasons stated in defendant’s motion and brief, the Court grants the motion [docket entry 21] and dismisses plaintiff’s amended complaint with prejudice. SO ORDERED this 13th day of May, 2013. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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