Telford v. United States of America et al

Filing 26

ORDER ADOPTING 25 Report and Recommendations; granting 13 Motion to Dismiss, denying Motion for Summary Judgment; granting 21 Motion to Dismiss Based Upon Improper Venue. Plaintiff's claims against individual defendants and her claim broug ht pursuant to 26 USC 7433 are DISMISSED with prejudice. Defendant withdrew its motion for summary judgment as to pltf's claim brought against the US pursuant to 26 USC 7422 and that portion of the motion is DENIED. Pltf's refund claim brought pursuant to 26 USC 7422 is DISMISSED without prejudice. Any motion not previously ruled on is DENIED. Signed by Judge Leonard Davis on 01/03/12. cc:pltf & dft 1-04-12 (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

RUTH TELFORD

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v.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 6:11CV347

ORDER ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE

The Report and Recommendation of the Magistrate Judge, which contain her findings,
conclusions, and recommendation for the disposition of this matter has been presented for
consideration. The Report and Recommendation recommends that the Motion to Dismiss and/or
Motion for Summary Judgment Dismissing Plaintiff’s Complaint (document #13) be granted in part
and denied in part. The Report and Recommendation recommends that the motion be granted as to
Plaintiff’s claims against the individual defendants and her claim brought pursuant to 26 U.S.C. §
7433, and that these claims be dismissed with prejudice. The Report and Recommendation further
recommends that the Motion to Dismiss Based Upon Improper Venue (document #21) be granted,
such that Plaintiff’s only remaining claim – her refund claim brought pursuant to 26 U.S.C. § 7422
– should be dismissed without prejudice.
No written objections have been filed. Plaintiff was granted permission to file pleadings
electronically in this case and the Report and Recommendation was sent to her electronically on
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November 30, 2011. The Court therefore adopts the findings and conclusions of the Magistrate
Judge as those of the Court.
In light of the foregoing, it is
ORDERED that the Motion to Dismiss and/or Motion for Summary Judgment Dismissing
Plaintiff’s Complaint (document #13) is GRANTED in part, as to Plaintiff’s claims against the
individual defendants and her claim brought pursuant to 26 U.S.C. § 7433. These claims are
DISMISSED with prejudice. Defendant withdrew its motion for summary judgment as to Plaintiff’s
claim brought against the United States pursuant to 26 U.S.C. § 7422 and that portion of the motion
is accordingly DENIED. It is further
ORDERED that the Motion to Dismiss Based Upon Improper Venue (document #21) is
GRANTED and Plaintiff’s refund claim brought pursuant to 26 U.S.C. § 7422 is DISMISSED
without prejudice. It is finally
ORDERED that any motion not previously ruled on is DENIED.
So ORDERED and SIGNED this 3rd day of January, 2012.

__________________________________
LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

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