JOHNSON v. INTERNAL REVENUE SERVICE

Filing 20

ORDER THAT WE DISMISS THE AMENDED COMPLAINT 17 WITHOUT PREJUDICE TO PLAINTIFF FILING A SECOND AMENDED COMPLAINT NO LATER THAN OCTOBER 17, 2022 IF HE CAN TRUTHFULLY PLEAD FULLY EXHAUSTING HIS ADMINISTRATIVE REMEDIES WITH THE INTERNAL REVENUE SERVICE ; WE WILL CLOSE THIS CASE WITHOUT PREJUDICE TO EXHAUST ADMINISTRATIVE REMEDIES IF PLAINTIFF CANNOT TIMELY FILE A SECOND AMENDED COMPLAINT CONSISTENT WITH THIS ORDER AND THE ACCOMPANYING MEMORANDUM; AND, THE CLERK OF COURT SHALL NOT ISSUE SUMMONS UNTIL FURTHER ORDER. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/16/22. 9/16/22 ENTERED AND COPIES NOT MAILED TO PRO SE.(bw)

Case 2:22-cv-00064-MAK Document 20 Filed 09/16/22 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
OBE E. JOHNSON
v.
INTERNAL REVENUE SERVICE

: CIVIL ACTION
:
: NO. 22-64
:
:

ORDER
AND NOW, this 16th day of September 2022, upon screening an incarcerated person’s pro
se amended Complaint asking us to order the Internal Revenue Service to issue COVID-19
stimulus payments to him, following leave to proceed in forma pauperis consistent with Congress’
mandate in section 1915 (ECF Doc. No. 6), finding Plaintiff has not plead exhausting his remedies
with the Internal Revenue Service, and for reasons in the accompanying Memorandum, it is
ORDERED:
1.

We DISMISS the amended Complaint (ECF Doc. No. 17) without prejudice to

Plaintiff filing a second amended Complaint no later than October 17, 2022 if he can truthfully
plead fully exhausting his administrative remedies with the Internal Revenue Service;
2.

We will close this case without prejudice to exhaust administrative remedies if

Plaintiff cannot timely file a second amended Complaint consistent with this Order and the
accompanying Memorandum; and,
3.

The Clerk of Court shall not issue summons until further Order.

KEARNEY, J.