Pflum v. United States of America et al

Filing 16

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE. Signed on 9/14/17 by Chief District Judge Greg Kays. (Strodtman, Tracy) Modified on 9/14/2017 - Mailed to Plaintiff. (Strodtman, Tracy)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
DAVID GERARD PFLUM,
Plaintiff,
v.
UNITED STATES OF AMERICA, et al.,
Defendants.

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No. 4:17-CV-00579-DGK

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE
This matter stems from two cases in the United States District Court for the District of
Kansas: a pending civil federal collection suit to enforce tax liens attached to Plaintiff’s
properties; and a closed federal criminal matter in which Plaintiff was found guilty by a jury. On
November 26, 2016, Plaintiff David Gerard Pflum filed this civil suit in the district court of
Pottawatomie County, Kansas, seeking: (1) to quiet title in certain real property in St. Marys,
Kansas; (2) declaratory relief regarding his federal income tax liability; (3) injunctive relief
regarding the collection of his federal income tax liabilities; and (4) money damages in the
amount of $12.5 million.

This matter was removed to the District of Kansas, and then

transferred to the Western District of Missouri.
The Federal Defendants1 in this matter moved to dismiss the action. On August 11, 2017,
the Court granted the motion and dismissed the Federal Defendants. Order Granting Defendants’
Motion to Dismiss (Doc. 14). In its Order, the Court recognized the only remaining named

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The federal defendants were: the United States of America, Assistant United States Attorney Herbert Linder,
Assistant United States Attorney Christine Kenney, IRS Special Agent Henry Herron, the Honorable K. Gary
Sebelius, and the Honorable Daniel Crabtree.

defendant in this matter2 is the Kansas Department of Revenue, and there is no evidence on the
record that the Department of Revenue was properly served with a complaint and summons. The
Court ordered Plaintiff to provide adequate proof of service on or before August 25, 2017, or risk
having this matter dismissed for his failure to prosecute.
Plaintiff was served with the Court’s Order on August 14, 2017. Certificate of Service
(Doc. 15). Plaintiff has not provided a proof of service for the Kansas Department of Revenue or
any other response.
Accordingly, this matter is DISMISSED for failure to prosecute.
IT IS SO ORDERED.
Date: September 14, 2017

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/s/ Greg Kays
GREG KAYS, CHIEF JUDGE
UNITED STATES DISTRICT COURT

Plaintiff has also asserted “Does 1-100” are defendants in this case, but has not provided any information about
these possible defendants.