Avery v. Department of Treasury
This text of Avery v. Department of Treasury (Avery v. Department of Treasury) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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
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Avery v. Department of Treasury, Counsel Stack Legal Research, https://law.counselstack.com/opinion/avery-v-department-of-treasury-ared-2021.