Brinkman et al v. Internal Revenue Service

Filing 33

ORDER denying as moot 21 Motion for Summary Judgment; adopting 29 Report and Recommendation; granting 31 Motion to Dismiss Without Prejudice (Written Opinion) Signed by Judge Susan Richard Nelson on 07/25/2017. (SMD) cc: Brinkmans. Modified on 7/25/2017 (lmb).

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA RANDAL SCOT BRINKMAN and CAROL MARIE BRINKMAN, CIVIL NO. 16-2774 (SRN/DTS) Plaintiffs, v. ORDER INTERNAL REVENUE SERVICE, Defendant. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge David T. Schultz dated July 7, 2017. The Report and Recommendation [Docket No. 29] recommends that the Court dismiss this action with prejudice for failure to prosecute. Plaintiffs Randal Scot Brinkman and Carol Marie Brinkman made timely objections to this report and recommendation [Doc. No. 31], requesting instead that the action be dismissed without prejudice. The Court, upon the Report and Recommendation of the Magistrate Judge, and upon all of the files, records and proceedings herein, now makes and enters the following Order. IT IS HEREBY ORDERED: 1. MOOT. The IRS’s Motion for Summary Judgment [Docket No. 21] is DENIED AS 2. The Plaintiffs’ Motion to Dismiss the Complaint Without Prejudice [Doc. No. 31] is GRANTED. This matter is DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: July 25, 2017 s/Susan Richard Nelson SUSAN RICHARD NELSON United States District Judge 2

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