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Tucker v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


January 8, 2010

BURTON F. TUCKER, PETITIONER
v.
UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, RESPONDENT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 8th day of January, 2010, upon consideration of the report (Doc. 12) of the magistrate judge, recommending that respondent's motion (Doc. 2) to dismiss for lack of jurisdiction be granted, and, following an independent review of the record, it appearing that petitioner is seeking a writ of mandamus to compel respondent to provide him with signed copies of "official tax assessment records Forms 4340 and Forms 2866 for 1998, 1999 [and] 2000," (id. at 1), and that respondent has, in fact, provided petitioner with such records, (see Doc. 10, Ex. A), and it further appearing that petitioner has not objected to the magistrate judge's recommendation that the motion (Doc. 2) to dismiss be granted, and that there is no clear error on the face of the record,*fn1 see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report and recommendation (Doc. 12) of the magistrate judge is ADOPTED. Respondent's motion (Doc. 2) to dismiss is GRANTED. Leave to amend is denied as futile. Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002).

2. The Clerk of Court is instructed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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