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Shields v. Internal Revenue Service, 2:16-cv-554-CW-BCW. (2017)

Court: District Court, D. Utah Number: infdco20170103420 Visitors: 23
Filed: Jan. 03, 2017
Latest Update: Jan. 03, 2017
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION CLARK WADDOUPS , District Judge . This case was assigned to United States District Court Judge Clark Waddoups, who then referred it to United States Magistrate Brooke C. Wells pursuant to 28 U.S.C. 636(b)(1)(B). ( See Dkt. No. 15.) On June 9, 2016, Defendant removed Plaintiff Karen Shields' Complaint from the Third District Court for Salt Lake County to this court. (Dkt. No. 2.) Ms. Shields' Complaint alleges "trespass" by the Internal Revenue Ser
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ORDER ADOPTING REPORT AND RECOMMENDATION

This case was assigned to United States District Court Judge Clark Waddoups, who then referred it to United States Magistrate Brooke C. Wells pursuant to 28 U.S.C. § 636(b)(1)(B). (See Dkt. No. 15.) On June 9, 2016, Defendant removed Plaintiff Karen Shields' Complaint from the Third District Court for Salt Lake County to this court. (Dkt. No. 2.) Ms. Shields' Complaint alleges "trespass" by the Internal Revenue Service (IRS) for "administrating my property without any rights." (Dkt. No. 2-1.) Ms. Shields asserts that the IRS has seized her property without her consent and demands the IRS return her property "immediately." (Id. at 11.) The United States moved to dismiss this case under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (Dkt. No. 8.)

On October 27, 2016, Judge Wells issued a Report and Recommendation, which recommends the court grant the United States' motion because the court lacks jurisdiction over the case. (Dkt. No. 18.) Ms. Shields filed an Objection to the Report and Recommendation. (Dkt. No. 19.) The Objection does not respond to the substance of the Report and Recommendation or to the United States' arguments for dismissal, but asserts that Ms. Shields has established jurisdiction under common law "by filing a claim." (Id.)

Upon reviewing the record de novo, and construing Ms. Shields' pro se filings liberally, the court agrees that it lacks subject matter jurisdiction over this case. Accordingly, the court APPROVES AND ADOPTS Judge Well's Report and Recommendation, (Dkt. No. 18), in its entirety and DISMISSES Ms. Shields' Complaint with prejudice.

SO ORDERED.

Source:  Leagle

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