POLLINGER v. INTERNAL REVENUE SERVICE OVERSIGHT BOARD et al

Filing 85

ORDER - Pursuant to the Eleventh Circuit mandate issued on March 15, 2010, and consistent with the above-cited authority (see image), the plaintiff's constitutional claims are hereby DISMISSED for lack of jurisdiction based on sovereign immunity. The Clerk is directed to close this case. - - - Signed by SENIOR JUDGE ROGER VINSON on March 19, 2010. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION HARRY POLLINGER, Plaintiff, vs. INTERNAL REVENUE SERVICE OVERSIGHT BOARD, et al., Defendants. ____________________________/ ORDER This cause is back before the court upon remand by the Eleventh Circuit Court of Appeals for entry of an order dismissing for lack of subject matter jurisdiction the plaintiff's constitutional claims to the extent that he sought money damages. See, e.g., McMahon v. Presidential Airways, Inc., 502 F.3d 1331, 1345 (11th Cir. 2007) (recognizing that claim against United States for damages arising out of violation of constitutional rights is barred by doctrine of sovereign immunity); Boda v. United States, 698 F.2d 1174, 1176 (11th Cir. 1983) (same). Pursuant to the Eleventh Circuit mandate issued on March 15, 2010, and consistent with the above-cited authority, the plaintiff's constitutional claims are hereby DISMISSED for lack of jurisdiction based on sovereign immunity. The Clerk is directed to close this case. DONE and ORDERED this 19th day of March, 2010. /s/ Roger Vinson ROGER VINSON Senior United States District Judge Case No: 3:07cv13/RV/MD