Fitzpatrick v. Fitzpatrick et al

Filing 44

ORDER signed by Magistrate Judge Allison Claire on 8/21/13 DENYING without prejudice 5 Motion for Consent. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL FITZPATRICK,

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No. 2:12-cv-2938 GEB AC PS

Plaintiff,
v.

ORDER

BRIAN FITZPATRICK, ET AL.,

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Defendants.

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Pending before the court is plaintiff’s motion for consent of magistrate judge re notice of

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lis pendens. ECF No. 5. Essentially, plaintiff seeks an order permitting him to file a notice of lis

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pendens in the El Dorado County Clerk’s office as to real property located in that county that

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“constitutes the source of any future repayment to [him].” Id. Plaintiff represents that the El

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Dorado County Clerk directed him to obtain the undersigned’s consent, but fails to provide any

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legal authority for the necessity or propriety of such an order, or this court’s authority in the

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matter. Lacking a legal basis for the motion, the undersigned will dismiss it without prejudice.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for consent (ECF No. 5)

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is denied without prejudice.

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DATED: August 21, 2013

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/mb;fitz2938.jo

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