Opinion

(PS) Yahne v. USA IRS

Court
District Court, E.D. California
Filed
Nov 13, 2024
Cited by
0 cases
Authority
More cited than 32.9%

The opinion

1

2

3

4

5

6

7 UNITED STATES DISTRICT COURT

8 FOR THE EASTERN DISTRICT OF CALIFORNIA

9

10 SCOTT G. YAHNE, No. 2:24-cv-2813 DJC AC PS

11 Plaintiff,

12 v. FINDINGS AND RECOMMENDATIONS

13 UNITED STATES OF AMERCIA;

DEPARTMENT OF TREASURY

14 INTERNAL REVENUE SERVICE;

DEPUTY ASSISTANT ATTORNEY

15 GENERAL D/B/A DAVAD A. HUBERT;

and CALIFORNIA FRANCHISE TAX

16 BOARD,

17 Defendants.

18

19 On October 15, 2025, plaintiff filed this action in pro se and paid the filing fee. ECF No.

20 1. The case was accordingly referred to the undersigned pursuant to Local Rule 302(c)(21). The

21 undersigned has reviewed the complaint and, believing that this court lacks subject matter

22 jurisdiction to hear plaintiff’s case, issued an Order to Show Cause requiring that plaintiff respond

23 and demonstrate that federal jurisdiction exists. ECF No. 5. Plaintiff was cautioned that failure

24 to respond would result in a recommendation that this case be dismissed. Id. at 4. Plaintiff did

25 not respond, and the undersigned therefore finds that this case should be dismissed for lack of

26 jurisdiction and for failure to prosecute.

27 Accordingly, it is RECOMMENDED that this case be dismissed for lack of subject matter

28 jurisdiction (see ECF No. 5) and for failure to prosecute, and that this case be closed.

] These findings and recommendations are submitted to the United States District Judge

2 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty-one days

3 || after being served with these findings and recommendations, any party may file written

4 | objections with the court and serve a copy on all parties. Id.; see also Local Rule 304(b). Such a

5 || document should be captioned “Objections to Magistrate Judge’s Findings and

6 || Recommendations.” Failure to file objections within the specified time may waive the right to

7 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez

8 | v. Yist, 951 F.2d 1153, 1156-57 (9th Cir. 1991).

9 | DATED: November 12, 2024

10 Chthion— Chore

ALLISON CLAIRE

11 UNITED STATES MAGISTRATE JUDGE

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.