Johnson v. Commissioner
Johnson v. Commissioner
Opinion of the Court
MEMORANDUM
Lavina Rae Johnson appeals pro se the district court’s summary judgment for the Internal Revenue Service (“IRS”) and its orders denying her motion to strike, motion for default judgment, motion for reconsideration, and motion to vacate void judgment, in her action alleging violations of 5 U.S.C. §§ 552 (“Freedom of Information Act” or “FOIA”) and 552a (“Privacy Act”). We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, San Pedro Hotel Co., Inc. v. City of Los Angeles, 159 F.3d 470, 477 (9th Cir. 1998), and we affirm.
We grant the Commissioner’s motion for sanctions pursuant to Fed. R.App. P. 38 and 28 U.S.C. § 1912 because this appeal is frivolous. See Grimes v. Commissioner, 806 F.2d 1451, 1454 (9th Cir. 1986) (per curiam) (“[sjanctions are appropriate when the result of an appeal is obvious and the arguments of error are wholly without merit”). Accordingly, we impose a sanction of $2000.
We construe Johnson’s May 8, 2003 “Motion for Clarification and Correction of the Record” as a motion to file an untimely reply brief. The clerk shall file Johnson’s reply brief, received April 30, 2003.
We deny Johnson’s remaining outstanding motions.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Lavina JOHNSON v. COMMISSIONER OF INTERNAL REVENUE SERVICE, Defendant—Appellee
- Cited By
- 1 case
- Status
- Published