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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 MICHAEL FITZPATRICK, 11 12 13 No. 2:12-cv-2938 GEB AC PS Plaintiff, v. ORDER BRIAN FITZPATRICK, ET AL., 14 Defendants. 15 16 Pending before the court is plaintiff’s motion for consent of magistrate judge re notice of 17 lis pendens. ECF No. 5. Essentially, plaintiff seeks an order permitting him to file a notice of lis 18 pendens in the El Dorado County Clerk’s office as to real property located in that county that 19 “constitutes the source of any future repayment to [him].” Id. Plaintiff represents that the El 20 Dorado County Clerk directed him to obtain the undersigned’s consent, but fails to provide any 21 legal authority for the necessity or propriety of such an order, or this court’s authority in the 22 matter. Lacking a legal basis for the motion, the undersigned will dismiss it without prejudice. 23 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for consent (ECF No. 5) 24 is denied without prejudice. 25 DATED: August 21, 2013 26 27 /mb; 28 1

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