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Donald R. Huene v. U.S. Department of the Treasury

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 24, 2012

DONALD R. HUENE, PLAINTIFF,
v.
U.S. DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE; ANTHONY SHELLEY; AND DOES I THROUGH X, DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

The court has resolved several pleadings-based motions filed by the defendants, and, on July 23, 2012, plaintiff was given leave to file an amended complaint within 30 days of that date.*fn1 (Order, July 23, 2012, at 4, Dkt. No. 40.) Because of the number of pleadings-based motions filed in this case, the court enters this order to provide plaintiff with clarity about the nature of the leave provided by the court.

In preparing his First Amended Complaint, plaintiff shall not name "Does I through X" as defendants. (Order, June 15, 2012, at 2, Dkt. No. 39.) Additionally, in regards to defendant Anthony Shelley, plaintiff has only been granted leave to allege claims pursuant to the Federal Tort Claims Act, Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), or both. (Order, June 15, 2012, at 2, Dkt. No. 38.) Finally, in regards to defendant Internal Revenue Service, plaintiff may only allege a claim or claims premised on violations of the Privacy Act, 5 U.S.C. § 552a(d)(1), and Internal Revenue Code § 6103(a), 26 U.S.C. § 6103(a). (Order, July 23, 2012, at 4.)

IT IS SO ORDERED.


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