Anderson v. United States Internal Revenue Service et al

Filing 18

ORDER; granting 8 Motion to Dismiss for Lack of Jurisdiction; adopting 15 Findings and Recommendations.; denying 17 Motion for Extension of Time to File Response/Reply ; dismissing 1 Motion to Quash. The Clerk of Court is directed to enter a judgment of dismissal. Signed by Judge Sam E Haddon on 5/20/2013. (ACL, ) Modified on 5/20/2013 mailed a copy to petitioner (ACL, ).

FILED

MAY 202013
Clerk, u,s. DisVla Court

IN THE UNITED STATES DISTRICT COURT

DIIIIict orMonlilna
Helena

FOR THE DISTRICT OF MONTANA

BILLINGS DIVISION

TANA ANDERSON,

No, CV-13-56-BLG-SEH

Petitioner,
vs,

ORDER

UNITED STATES INTERNAL
REVENUE SERVICE, and CIANNE
KALLUNKI, Revenue Agent,
Respondents.

On April 23, 2013, United States Magistrate Judge Carolyn S, Ostby entered
Findings and Recommendations l in this matter. Petitioner did not file objections,
but filed a document entitled "Petitioner's Motion for Additional Time to File a
Response to Respondent's Reply in Support of Respondents' Motion to Dismiss
Petition to Quash" on May 9,2013.

J

Docket No. 15.
-1­

No review is required of proposed findings and recommendations to which
no objection is made. Thomas v. Am, 474 U.S. 140,149-152 (1986). However,
this Court will review Judge Ostby's Findings and Recommendations for clear
error.
Upon review, I find no clear error in Judge Ostby's Findings and
Recommendations and adopt them in fulL
ORDERED:
1.

Petitioner's Motion for Additional Time to File a Response to

Respondent's Reply in Support of Respondents' Motion to Dismiss Petition to
Quash2 is DENIED.
2.

Respondents' Motion to Dismiss Petition to Quash 3 is GRANTED.

3.

Petitioner's Petition to Quash IRS Third Party Summons' is

DISMISSED.

2

Docket No. 17.

3

Docket No.8.

4

Docket No. 1.
-2­

4.

The Clerk of

DATED this

OlO

fi:rt

is directed to enter a judgment of dismissal.

day of May, 2013.

~~fI6-1J~

'SE.HADDON
United States District Judge

·3·