Buller v. Costlow et al

Filing 15

ORDER Dismissing Case. Signed by U.S. District Judge Karen E. Schreier on 4/1/2015. (KC)

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION DALE-EDWARD: BULLER, 4:14-MC-00144-KES Petitioner, vs. ORDER DISMISSING CASE SCOTT COSTLOW, FIRST SAVINGS BANK, ATTORNEY GENERAL OF THE UNITED STATES, and ATTORNEY GENERAL OF SOUTH DAKOTA, Respondents. Petitioner’s motion to quash IRS summons was referred to United States Magistrate Judge Veronica Duffy. The United States of America moved to dismiss the lawsuit on the basis that the IRS has withdrawn the summonses at issue in this case, rendering the dispute moot. On February11, 2015, the magistrate judge issued an order to show cause why this matter should not be dismissed as moot. Buller did not respond. On March 10, 2015, the magistrate judge issued a report and recommended that the case be dismissed without prejudice. Buller did not file any objections. Good cause appearing, it is ORDERED that the court adopts the magistrate judge’s report and recommendation (Docket 14), and the petition to quash is dismissed without prejudice. Dated April 1, 2015. BY THE COURT: /s/ Karen E. Schreier KAREN E. SCHREIER UNITED STATES DISTRICT JUDGE

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