Spencer v. American Airlines, Inc. et al

Filing 36

ORDERby Judge Frank H. Seay granting 32 Motion to Dismiss for Lack of Jurisdiction. (case terminated) (Documents Terminated: 32 MOTION to Dismiss for Lack of Jurisdiction and for failure to serve the United States ) (trl, Chambers)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
CHARLES D. SPENCER,

)
)
)
)
) No. CIV-11-128-FHS
)
)
)
)

Plaintiff,
v.
SECRETARY OF TREASURY, et al.,
Defendants.

ORDER
Before the Court for its consideration is the United States of
America’s Motion to Dismiss (Dkt. No. 32) filed on March 30, 2012.
As part of its motion, the United States contends that since
Plaintiff’s allegations involve the collection actions of the
Internal Revenue Service, it should be substituted as the only
remaining defendant in place of the improperly named “Agents for
International Monetary Fund Internal Revenue Service, District
Director, Special Procedures Function Officer and Their Principal,
Governor of International Monetary Fund AKA Secretary of the
Treasury.”

Plaintiff’s response was due on April 13, 2012, but no

response was filed.

On April 16, 2012, the Court entered an order

directing Plaintiff to file a response to the Motion to Dismiss
(Dkt. No. 32) by April 24, 2012. The Court informed Plaintiff that
his failure to file a response would result in the motion being
deemed confessed pursuant to Local Rule 7.1(h).

Plaintiff has

failed to file a response by the April 24, 2012, deadline.
Consequently,

the

United

States

is

substituted

as

the

only

remaining defendant in this action and the United States’ Motion to
Dismiss (Dkt. No. 32) is granted as confessed by Plaintiff.
action is ordered dismissed in its entirety.

1

This

It is so ordered this 25th day of April, 2012.

2