Johnson v. Internal Revenue Serv.

Full title: OBE E. JOHNSON v. INTERNAL REVENUE SERVICE

Court: United States District Court, E.D. Pennsylvania

Date published: Sep 16, 2022

Civil Action 22-64 (E.D. Pa. Sep. 16, 2022)

Opinion

Civil Action 22-64

09-16-2022

OBE E. JOHNSON v. INTERNAL REVENUE SERVICE

KEARNEY, J.

ORDER

KEARNEY, J.

AND NOW, this 16^th 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.