Opinion
NO. CIV-03-14-HE
April 9, 2003
ORDER
Plaintiff Earl David Shaffer filed this action against the United States, the Attorney General, various federal officers, judges and employees ("government defendants"), an Oklahoma City attorney, and a defendant Doe, asserting RICO and other claims stemming from the Internal Revenue Service' determination of tax deficiencies, which the Tax Court upheld. The government defendants have filed a motion to dismiss, asserting the court lacks personal jurisdiction over the individual officers, judges and employees because they have not been properly served, and that dismissal of the plaintiffs claims against them is warranted because they are entitled to sovereign, absolute, and/or qualified immunity and because the complaint fails to state a claim upon which relief may be granted.
Instead of responding to the motion, the plaintiff filed a spurious motion to strike, asserting that the U.S. Department of Justice attorneys cannot represent IRS employees in this proceeding that the defendants are in default because they have failed to answer the complaint and that they have filed fraudulent documents. By his nonresponsive motion, the plaintiff has confessed the defendants' motion, LCvR7.2(e), which the court has reviewed and which appears to be meritorious.
Accordingly, the government defendants' motion is GRANTED, the plaintiffs motion to strike is DENIED and the plaintiffs claims against all defendants but Richard J. Scherry and Doe are dismissed.