Can Bothke bring a motion to vacate and remand a judgment against him for failing to state a cause of action?
MultiRegion, United States of America
The following excerpt is from Bothke v. Fluor Engineers & Constructors, Inc., 834 F.2d 804 (9th Cir. 1987):
Bothke states no cause of action either under 26 U.S.C. Sec. 6213 or under Bivens for Fifth Amendment violations. I would vacate the judgment and remand with instructions to dismiss the action for failure to state a claim upon which relief can be granted.
1 See Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed. 619 (1971).
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