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Case TitleTIKAL v. INTERNAL REVENUE SVC et al
DistrictSouthern District of Indiana
CityTerre Haute
Case Number2:2023cv00128
Date Filed2023-03-16
Date Closed2023-05-12
JudgeJudge James Patrick Hanlon
PlaintiffALAN DAVID TIKAL
Case DescriptionAlan David Tikal, a federal prisoner, submitted a FOIA request to the IRS for records a 2022 memo. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Tikal filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantINTERNAL REVENUE SVC
DefendantCOMMISSIONER
DefendantIRS Milwaukee
DefendantIRS EMPLOYEES Unknown
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [8]
Opinion/Order [9]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-161COMPLAINT against COMMISSIONER, INTERNAL REVENUE SVC, IRS, IRS EMPLOYEES, filed by ALAN DAVID TIKAL. (No fee paid with this filing) (Attachments: # 1 Exhibit, # 2 Envelope)(DRB) (Entered: 03/17/2023)
2023-03-162MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff ALAN DAVID TIKAL. (Attachments: # 1 Exhibit, # 2 Envelope)(DRB) (Entered: 03/17/2023)
2023-03-173*** PLEASE DISREGARD DOCKETED IN ERROR*** Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DRB) Modified on 3/17/2023 (DRB). (Entered: 03/17/2023)
2023-03-174Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DRB) (Entered: 03/17/2023)
2023-03-175MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DRB) (Entered: 03/17/2023)
2023-03-276ORDER DENYING IN FORMA PAUPERIS STATUS AND DIRECTING PLAINTIFF TO SHOW CAUSE - Plaintiff, Alan David Tikal, has moved to proceed in forma pauperis. Dkt. 2 . But, because he appears to have "struck out" under 28 U.S.C. § 1915(g), that motion is DENIED. Mr. Tikal is ORDERED to SHOW CAUSE--that is, explain in writing--by April 14, 2023, why he should not be subject to sanctions, up to and including dismissal of this lawsuit with prejudice. Mr. Tikal shall have through April 14, 2023, to pay the $402 filing fee to the clerk of the district court. Failure to do so may also result in dismissal of this action without further notice. (SEE ORDER.) Copy sent to plaintiff via US mail. Signed by Judge James Patrick Hanlon on 3/27/2023.(TPS) (Entered: 03/27/2023)
2023-04-057MOTION to Retain Jurisdiction filed Defensively, filed by Plaintiff ALAN DAVID TIKAL. (Attachments: # 1 Envelope)(JDC) (Entered: 04/06/2023)
2023-04-208ORDER DENYING MOTION AND REQUIRING PLAINTIFF TO SHOW CAUSE AND PAY FILING FEE - Mr. Tikal has filed is a "Motion to Retain Jurisdiction Filed Defensively." Dkt. 7 . The Court will not consider any motions until Mr. Tikal (1) explains why he omitted most of his litigation history from his in forma pauperis motion and (2) pays the $402 filing fee to the clerk of the district court. See dkt. 6 . Therefore, the Court DENIES Mr. Tikal's motion, dkt. 7 . Mr. Tikal has one more chance to do both of those things. Failure to do so by May 5, 2023, will result in the dismissal of this action without further notice. (SEE ORDER.) Copy sent to plaintiff via US mail. Signed by Judge James Patrick Hanlon on 4/20/2023. (TPS) (Entered: 04/21/2023)
2023-05-129ORDER DISMISSING CASE - Mr. Tikal has not paid the filing fee. Thus, the Court DISMISSES this case. Because of the early stage of this case, the dismissal is without prejudice. See Hill v. United States, 762 F.3d 589, 591 (7th Cir. 2014). Final judgment will issue by separate entry. Copy sent to Plaintiff via U SMail. Signed by Judge James Patrick Hanlon on 5/12/23.(JRB) (Entered: 05/12/2023)
2023-05-1210FINAL JUDGMENT UNDER FEDERAL RULE OF CIVIL PROCEDURE 58 - Having this day directed the entry of final judgment, the Court now enters FINAL JUDGMENT in favor of Defendants and against Plaintiff. This action is dismissed without prejudice. Copy sent to Plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 5/12/23.(JRB) (Entered: 05/12/2023)
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by FOIA Project Staff
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