4:18-cv-00073-DB



4:18-cv-00073-DB – NELDON PAUL JOHNSON, Plaintiff vs INTERNAL REVENUE SERVICE, US DEPARTMENT OF JUSTICE, agencies of the United States, and DAVID NUFFER, an individual



This lawsuit was originally filed by Neldon Johnson (Pro Se) on October 16, 2018 as case #180700040 in the Fourth District Court, Millard County, Utah. He claims his constitutional rights have been abridged by the Defendants acting in concert with one another to deprive him of his rights and to injure him. The case was removed from the Utah District Court to the United States District Court for the District of Utah, Central Division on October 31, 2018.


019

ORDER STAYING CASE until further order of the court. 6 MOTION to Stay and 13 MOTION to Clarify are denied as moot. All pending motions are held under advisement. Parties are prohibited from engaging in any discovery, motion, briefing, or other practice in this matter except as specifically provided by order of the court. A status report is to be filed within 7 days order of the court in 2:15cv00828 pertaining to the CRO or the stay of litigation. Signed by J. Thomas Marten on 1/30/19

018

Modification of Docket re 18 State Court MOTION for Preliminary Injunction, 12 Response (NOT to motion). Error: A pending State Court motion was not properly refiled for briefing in this court. Correction: The still-pending state court motion has been refiled in this case as Docket Entry 18 and the 12 Response filed as to it has been re-linked to the motion so it shows as briefing on the Motions Report.

017

File Downloaded from XChangeWEB for 4th District Court, Millard Cnty, consisting of copies of docket sheet and documents filed in state court

017-1

State Court Complaint

017-2

State Court Motion for Prelim Inj

017-3

State Court Service Executed re USDOJ

017-4

State Court Ntc of Removal

016

NOTICE AFFIRMING PRIOR ORDER OF REFERENCE re 14 Order Referring Case to Magistrate Judge. Orders of the prior judge are affirmed including the order of reference to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), signed by Judge J. Thomas Marten.

015

ORDER OF RECUSAL Judge Dee Benson recused. Case reassigned to U.S. District Judge J. Thomas Marten of the District of Kansas for all further proceedings. (Added per designation from the 10th Circuit Court of Appeals ) Signed by Judge Dee Benson on 11/14/18.

014

ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Dee Benson on 12/11/2018.

013

MOTION to Clarify filed by Plaintiff Neldon Paul Johnson.

012

RESPONSE re 2 Notice of Removal,,,,ECF No. 2-3, Johnson's Motion for Preliminary Injunction filed by Internal Revenue Service, US Department of Justice.

012-1

Exhibit Ex. 934, Johnson v. Mancini motion for preliminary injunction

011

MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Internal Revenue Service, US Department of Justice.

010

NOTICE of Appearance by Jonathan O. Hafen on behalf of Wayne Klein

009

NOTICE of Stay by Wayne Klein

009-1

Exhibit Corrected Receivership Order

008

NOTICE of Appearance by Michael S. Lehr on behalf of Wayne Klein

007

NOTICE of Appearance by Erin R. Hines on behalf of Internal Revenue Service, US Department of Justice

006

MOTION for Extension of Time answer or otherwise respond to complaint and Memorandum in Support , MOTION to Stay and Memorandum in Support all proceedings pending disposition of the United States' motion to dismiss filed by Defendants Internal Revenue Service, US Department of Justice.

006-1

Text of Proposed Order

006-2

Exhibit Ex. 926, United States v. RaPower-3, LLC, et al., Appellants' Docketing Statement

006-3

Exhibit Ex. 929, Johnson v. Mancini (Fourth District Court for Millard County)

006-4

Exhibit Ex. 933, Excerpt of Trial Transcript in United States v. RaPower-3, et al., 2:15-cv-00828-DN-EJF

005

NOTICE of Appearance by Erin Healy Gallagher on behalf of Internal Revenue Service, US Department of Justice

004

ORDER OF RECUSAL - Judge Ted Stewart recused. Case reassigned to Judge Dee Benson for all further proceedings. Signed by Judge Ted Stewart on 10/31/18

003

NOTICE OF ADR, e-mailed or mailed to Defendants Internal Revenue Service, US Department of Justice, Plaintiff Neldon Paul Johnson.

002

NOTICE OF REMOVAL from 4th District Court Millard County, case number 180700040, No Filing Fee filed by US Department of Justice, Internal Revenue Service.

002-1

Civil Cover Sheet

002-2

Exhibit Ex. 926, United States v. RaPower-3, et al., Appellants' Docketing Sheet.

002-3

Exhibit Ex. 928, Complaint in Johnson v. IRS, et al. (Fourth Judicial District Court for Millard County, Utah)

002-4

Exhibit Ex. 929, Complaint in Johnson v. Mancini (Fourth Judicial District Court for Millard County, Utah)

002-5

Exhibit Ex. 930, Motion for Preliminary Injunction

002-6

Exhibit Ex. 931, Summons

002-7

Exhibit Ex. 932, Constable's Proof of Service

001

Case has been indexed and assigned to Judge Ted Stewart. Defendants Internal Revenue Service, David Nuffer and US Department of Justice are directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) by the end of the business day. Filing Fee waived (USA)

NOTE: The court will not have jurisdiction until the opening document is electronically filed in the CM/ECF system.