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Case TitleMalone v. Department of the Treasury et al
DistrictWestern District of Kentucky
CityBowling Green
Case Number1:2019cv00170
Date Filed2019-11-20
Date Closed2020-07-06
JudgeChief Judge Greg N. Stivers
PlaintiffDean Edward Malone
Case DescriptionDean Malone submitted FOIA requests to the IRS for records showing why he had not received a refund for overpayment of taxes. The IRS rejected his requests because they did not provide the required identification. After the agency failed to respond further, Malone filed suit.
Complaint issues: Request - Perfected request

DefendantDepartment of the Treasury
DefendantDepartment of the Treasury (official capacity)
DefendantInternal Revenue Service
DefendantInternal Revenue Service (official capacity)
DefendantChristine L. Davis Operation Manager IRS
DefendantChristine L. Davis Operation Manager IRS (individual capacity)
DefendantCarl W. Dorn, II Director IRS
DefendantCarl W. Dorn, II Director IRS
TERMINATED: 02/12/2020
DefendantDanny Kincaid Officer IRS
TERMINATED: 02/12/2020
DefendantDanny Kincaid Officer IRS
DefendantJennifer Perez Disclosure Specialist IRS
DefendantJennifer Perez Disclosure Specialist IRS
TERMINATED: 02/12/2020
DefendantCharles W. Horn, II Director IRS (individual capacity)
DefendantDanny Kinkade Officer IRS (individual capacity)
DefendantJennifer J. Perez Disclosure Specialist IRS (individual capacity)
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [16]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-11-201COMPLAINT FOR REFUND OF TAXES against Department of the Treasury, Internal Revenue Service, Christine L. Davis, Carl W. Dorn, II, Danny Kincaid, and Jennifer Perez, filed by Dean Edward Malone, pro se. Filing fee $ 400, Receipt Number L33062162. (Attachments: # 1 Exhibit A-Tax Returns, # 2 Exhibit B-IRS Refund-Related Correspondence, # 3 Exhibit C-Alleged Frivolous Returns Correspondence, # 4 Exhibit D-Freedom of Information Act Disclosures and Failed Discoveries Attempts, # 5 Notices of Lawsuit and Request to Waive Service of Summons) (JWM) Modified on 11/22/2019 (CDF). (Attachment 4 replaced on 11/22/2019) (CDF). (Entered: 11/20/2019)
2019-11-202Case Assignment (Random Selection): Case Assigned to Chief Judge Greg N. Stivers. (JWM) (Entered: 11/20/2019)
2019-11-203NOTICE of Filing Pro Se (Non Prisoner) Registration to Receive Documents Electronically cc:QC Clerk (JWM) (Entered: 11/20/2019)
2020-02-074PLAINTIFF'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTIONby Plaintiff Dean Edward Malone, pro se (Attachments: # 1 Exhibit A-Purported Deficiency) (JWM) (Entered: 02/07/2020)
2020-02-075PLAINTIFF'S MOTION TO COMPEL DEFENDANTS TO CEASE AND DESIST by Plaintiff Dean Edward Malone, pro se. (Attachments: # 1 Exhibit A-Purported Deficiency) (JWM) (Entered: 02/07/2020)
2020-02-076PLAINTIFF'S MOTION TO COMPEL ANSWER TO SUBPOENAby Plaintiff Dean Edward Malone, pro se. (Attachments: # 1 Exhibit A-Affidavit of Process Server) (JWM) (Entered: 02/07/2020)
2020-02-127NOTICE OF SERVICE OF THREE MOTIONS by Dean Edward Malone, pro se (JWM) (Entered: 02/13/2020)
2020-02-128AMENDED COMPLAINT against Department of the Treasury, Internal Revenue Service, Christine L. Davis, Charles W. Horn, II, Danny Kinkade, and Jennifer J. Perez, filed by Dean Edward Malone, pro se. (Attachments: # 1 Exhibit A-Tax Returns, # 2 Exhibit B-IRS Refund-Related Correspondence, # 3 Exhibit C-Alleged Frivolous Returns Correspondence, # 4 Exhibit D-Freedom of Information Act Disclosures and Failed Discoveries Attempts) (JWM) (Entered: 02/13/2020)
2020-02-129Summons Issued as to Internal Revenue Service Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (JWM) Modified to edit text on 2/13/2020 (JWM). (Entered: 02/13/2020)
2020-02-1310NOTICE ON SUMMONS re 8 Amended Complaint. CC: Plaintiff, pro se (JWM) (Entered: 02/13/2020)
2020-02-2011MOTION for Extension of Time to File Answer re 8 Amended Complaint, 1 Complaint,, , MOTION for Extension of Time to File Response/Reply as to 4 MOTION to Dismiss for Lack of Jurisdiction, 6 MOTION to Compel, 5 MOTION to Compel by Defendants Christine L. Davis, Department of the Treasury, Carl W. Dorn, II, Charles W. Horn, II, Internal Revenue Service, Danny Kincaid, Danny Kinkade, Jennifer J. Perez, Jennifer Perez (Attachments: # 1 Proposed Order) (Miller, Emily) (Entered: 02/20/2020)
2020-03-0412TEXT ORDER by Chief Judge Greg N. Stivers (EBOC) on 3/4/2020; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge H. Brent Brennenstuhl, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Brennenstuhl is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Plaintiff, pro se; Counsel of Record; KLL (TJD) (Entered: 03/04/2020)
2020-03-0413ORDER Signed by Magistrate Judge H. Brent Brennenstuhl on 3/4/2020 granting 11 Motions for Extension of Time to Answer Amended Complaint and to File Response to Plaintiff's pending motions. cc: Counsel (DLW) (Entered: 03/04/2020)
2020-04-1614MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Insufficient Service by Defendants Christine L. Davis, Department of the Treasury, Charles W. Horn, II, Internal Revenue Service, Danny Kinkade, Jennifer J. Perez (Attachments: # 1 Memorandum in Support, # 2 Declaration of Kevin Cummiskey, # 3 Proposed Order) (Miller, Emily) (Entered: 04/16/2020)
2020-04-1615RESPONSE to Motion re 5 MOTION to Compel, 6 MOTION to Compel, 4 MOTION to Dismiss for Lack of Jurisdiction filed by Christine L. Davis, Department of the Treasury, Charles W. Horn, II, Internal Revenue Service, Danny Kinkade, Jennifer J. Perez. (Miller, Emily) (Entered: 04/16/2020)
2020-07-0616MEMORANDUM OPINION AND ORDER by Chief Judge Greg N. Stivers on 7/6/2020. Plaintiff's Motion to Dismiss (DN 4 ) and Plaintiff's Motions to Compel (DNs 5 , 6 ) are DENIED . Defendants' Motion to Dismiss (DN 14 ) is GRANTED . All of Plaintiff's claims against Defendants are DISMISSED . The Clerk is directed to strike this matter from the active docket. cc: Counsel; Plaintiff, pro se(JWM) (Entered: 07/06/2020)
2020-07-0617JUDGMENT by Chief Judge Greg N. Stivers on 7/6/2020. Plaintiff's Complaint is DISMISSED . This is a final and appealable order.cc:counsel; Plaintiff, pro se (JWM) (Entered: 07/06/2020)
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