United States of America v. Huizar

Filing 4

ORDER by Judge Maxine M. Chesney denying without prejudice 1 Ex Parte Petition for Approval To Levy. (mmclc2, COURT STAFF) (Filed on 12/14/2006)

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United States of America v. Huizar Doc. 4 Case 3:06-cv-07597-MMC Document 4 Filed 12/14/2006 Page 1 of 1 1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, v. PASCUAL HUIZAR, Defendant. / No. C-06-7597 MMC ORDER DENYING PLAINTIFF'S EX PARTE PETITION FOR APPROVAL TO LEVY United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Before the Court is plaintiff's ex parte petition, filed December 12, 2006, for "leave to serve a levy on the principal residence of [defendant] Pascual Huizar." Plaintiff has submitted no authority permitting it to proceed ex parte with respect to the instant matter, however. Indeed, the applicable regulations provide to the contrary. See 26 C.F.R. 301.6334-1(d) ("The petition will ask the court to issue to the taxpayer an order to show cause why the principal residence property should not be levied and will also ask the court to issue a notice of hearing."). Accordingly, plaintiff's ex parte petition is hereby DENIED, without prejudice to plaintiff's filing, no later than January 26, 2007, an amended petition in compliance with the above-referenced regulation, along with a proposed order to show cause. IT IS SO ORDERED. Dated: December 14, 2006 MAXINE M. CHESNEY United States District Judge Dockets.Justia.com

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