Kennington v. United States Department of Treasury

ORDER AND JUDGMENT *

JEROME A. HOLMES, Circuit Judge.

Plaintiff-Appellant Terry Kennington appeals from the district court’s order dismissing his complaint for failure to state a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915(e)(2)(b)(ii). Exercising jurisdiction under 28 U.S.C. § 1291, we reverse and remand.

I

Mr. Kennington is a former employee of the Internal Revenue Service (“IRS”), a division of the United States Department of the Treasury (“the Treasury”). After he was fired, Mr. Kennington filed the ' instant lawsuit, naming the Treasury and the Secretary of the…