Case5:10-cv-03973-JF Document10 Filed09/27/10 Page1 of 3

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2 **E-Filed 9/27/2010**
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5 IN THE UNITED STATES DISTRICT COURT
6 FOR THE NORTHERN DISTRICT OF CALIFORNIA
7 SAN JOSE DIVISION
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TEVIS R. IGNACIO AKA JOHN JACOB Case Number 05:10-cv-03973 JF/PVT
9 JINGLEHEIMER SCHMIDT,
ORDER1 ADOPTING REPORT AND
10 Plaintiff, RECOMMENDATION TO DISMISS
WITH LEAVE TO AMEND;
11 v. DENYING WITHOUT PREJUDICE
MOTIONS TO PROCEED IN FORMA
12 INTERNAL REVENUE SERVICES, ET AL., PAUPERIS

13 Defendants. [RE: Doc. No. 1, 2, 6]

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On September 3, 2010, Plaintiff Tevis R. Ignacio, also known as John Jacob Jingleheimer
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Schmidt, proceeding pro se, filed a complaint and an application to proceed in forma pauperis.
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On September 8, 2010, Magistrate Judge Patricia v. Trumbull filed a Report and
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Recommendation, which concluded that the action should be dismissed with leave to amend for
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failure to state a claim. While Plaintiff alleges “an abuse of power by the IRS” based on the
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penalty and interest charged for filing a frivolous tax return, Judge Trumbull correctly
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determined that he has not stated a claim on which relief may be granted.
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On September 13, 2010, Plaintiff objected to the Report and Recommendation by
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alleging that Judge Trumbull was biased and “has been part of a cover-up in a criminal
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conspiracy in which the local divorce court fixes transcripts and cases [and] the local feds look
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the other way.” Dkt. 7 at 1. The Plaintiff provides no factual support for these claims.
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Pursuant to 28 U.S.C. § 636(b)(1), Federal Rule of Civil Procedure 72(b), and Civil
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This disposition is not designated for publication and may not be cited.

Case No. 05:10-cv-3973 JF/PVT

ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS WITH LEAVE TO AMEND, ETC.
(JFLC3)
 Case5:10-cv-03973-JF Document10 Filed09/27/10 Page2 of 3

1 Local Rule 72-3, this Court concurs with and adopts in its entirety Judge Trumbull’s Report and
2 Recommendation. Accordingly, the Plaintiff’s complaint will be dismissed with leave to amend
3 and the application for leave to proceed in forma pauperis will be denied without prejudice. Any
4 amended complaint must be filed within thirty (30) days of the date of this order.
5 IT IS SO ORDERED.
6 DATED: 9/27/2010
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7 JEREMY FOGEL
United States District Judge
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Case No. 05:10-cv-3973 JF/PVT
ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS WITH LEAVE TO AMEND, ETC.
(JFLC3)
 Case5:10-cv-03973-JF Document10 Filed09/27/10 Page3 of 3

1 Copies of Order served on:

2 Tevis R. Ignacio
16535 Shady View Lane
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Los Gatos, CA 95032
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Case No. 05:10-cv-3973 JF/PVT
ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS WITH LEAVE TO AMEND, ETC.
(JFLC3)