Avery v. Department of Treasury

United States District Court for the Eastern District of Arkansas

Avery v. Department of Treasury

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

ROBERT W. AVERY PLAINTIFF ADC #652373

v. No. 4:20-cv-1403-DPM

DEPARTMENT OF THE TREASURY; INTERNAL REVENUE SERVICE; BUREAU OF FISCAL SERVICE; and JOHN and JANE DOES DEFENDANTS

ORDER Motion, Doc, 7, denied. The CARES Act didn’t forbid the offset Avery complained of. The Court therefore stands by its conclusion that Avery’s complaint failed to state a claim on which relief may be granted. Doc. 4. In any event, though, this Court’s conclusion that the dismissal counts as a strike is not binding. If Avery files another lawsuit, then it will be up to that Court to independently decide that question, 28U.S.C. §1915(g); Hill v. Madison County, Illinois,

983 F.3d 904

, 906 (7th Cir. 2020); Fourstar v. Garden City Group, Inc.,

875 F.3d 1147, 1153

(D.C. Cir. 2017). So Ordered. □□□ oll rs D.P. Marshall Jr. United States District Judge 2 Phvmy aoal

Reference

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