Krug v. Commissioner of Internal Revenue

Filing 42

ORDER ADOPTING REPORT AND RECOMMENDATION: (1) The Magistrate Judges Report and Recommendation 39 is hereby adopted as the findings of fact and conclusions of law of the Court; (2) the Plaintiffs Complaint 1 is hereby dismissed; and (3) a separate Judgment will be filed concurrently herewith. Signed by Judge David L. Bunning on 11/14/2018. (KRB)cc: COR, Gregory C. Krug via US Mail

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION AT COVINGTON CIVIL ACTION NO. 16-1-DLB-EBA GREGORY C. KRUG v. PLAINTIFF ORDER ADOPTING REPORT AND RECOMMENDATION UNITED STATES OF AMERICA * * * * DEFENDANT * * * * * * * * * * * * This matter is before the Court upon the February 2, 2018 Report and Recommendation (“R&R”) of United States Magistrate Judge Edward B. Atkins (Doc. # 39), wherein he recommends that Plaintiff’s pro se Complaint seeking a tax refund (Doc. # 1) be dismissed without prejudice for failure to respond to the Court’s orders. Plaintiff was placed on notice that failure to provide written notice of a change of address may result in dismissal of the case. (Doc. # 26). Yet, Plaintiff has consistently failed to keep the Court apprised of his current address. (See Docs. # 23, 25, 36, 38, 40, 41). No objections having been filed, and the time to do so having now expired, the R&R is ripe for the Court’s consideration. The Court having reviewed the R&R, and concluding that it is sound in all respects, and being otherwise sufficiently advised, IT IS ORDERED as follows: (1) The Magistrate Judge’s Report and Recommendation (Doc. # 39) is hereby adopted as the findings of fact and conclusions of law of the Court; (2) the Plaintiff’s Complaint (Doc. # 1) is hereby dismissed; and 1 (3) a separate Judgment will be filed concurrently herewith. This 14th day of November, 2018. J:\DATA\ORDERS\ProSe\16-1 Order Adopting R&R.docx 2

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