Cheff v. Gioliti et al
ORDER granting 2 defendants' Motion to Dismiss. Signed by District Judge George Caram Steeh (MBea)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 12-CV-15017
HON. GEORGE CARAM STEEH
MEGEAN GIOLITI, DOUGLAS
SHULMAN, NANCY ALLEN, and
STATE OF MICHIGAN,
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS (DOC. #2)
To date, two documents have been entered on the docket of this case. The first
is plaintiff Jeremiah Cheff’s complaint, filed on November 13, 2012. That complaint lists
the State of Michigan, former Commissioner of the Internal Revenue Service (IRS)
Douglas H. Shulman and IRS employees/agents Nancy Allen and Megean Giolitti1 as
defendants. In his complaint, Mr. Cheff describes actions taken by Megean Giolitti,
such as showing up at his wife’s “place of work unannounced,” making threats, and
issuing “summonses to J.P. Morgan Chase Bank.”
It appears that Mr. Cheff is alleging improper acts taken by federal employees in
the course of tax collection. Defendants have moved to dismiss the complaint on the
basis that Mr. Cheff has not properly served any of the defendants. Defendants also
assert alternative grounds for dismissal under Fed. R. Civ. P. 12(b)(6).
It appears that Ms. Giolitti’s name is misspelled in the caption.
Defendants assert that they have examined government records and that a copy
of the summons issued to Megean Giolitti and Nancy Allen, as well as a copy of the
complaint, were sent to the Internal Revenue Service. This does not comply with proper
service on the United States, which requires service on the U.S. Attorney or Attorney
General under Fed. R. Civ. P. 4(i)(1). Furthermore, the individual defendants were not
served in compliance with Fed. R. Civ. P. 4(e).
Mr. Cheff has not responded to the government’s motion to dismiss, filed March
3, 2013, and does not dispute the above-described failures in service of process.
Because the court finds dismissal appropriate under these circumstances, it will not
address defendants’ alternative arguments for dismissal. Accordingly, the complaint is
IT IS SO ORDERED.
Dated: May 31, 2013
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
May 31, 2013, by electronic and/or ordinary mail and also on
Jeremiah Cheff, 12745 South Saginaw, Suite 806 #225
Grand Blanc, MI 48439.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?