United States of America v. Baisden, No. 1:2006cv01368 - Document 230 (E.D. Cal. 2012)

Court Description: ORDER VACATING Findings and Recommendations Denying Without Prejudice Defendant's Motion for Access to Courts 228 , signed by Magistrate Judge Michael J. Seng on 9/20/12: The Motion for Access to Courts 219 , will be ruled on by direct order of the Magistrate Judge once it has been deemed finally submitted. (Hellings, J)

Download PDF
United States of America v. Baisden Doc. 230 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 UNITED STATES OF AMERICA, CASE No. 1:06-cv-01368-AWI-MJS 10 11 12 ORDER VACATING FINDINGS AND RECOMMENDATION DENYING WITHOUT PREJUDICE DEFENDANT’S MOTION FOR ACCESS TO COURTS Plaintiff, v. 13 14 (ECF No. 228) LOWELL BAISDEN, 15 16 Defendant. 17 18 / 19 20 21 Plaintiff, United States of America, filed its Complaint for Permanent Injunction 22 under sections 7402, 7407, and 7408 of the Internal Revenue Code (26 U.S.C. or 23 I.R.C.) on September 29, 2006, seeking to bar Defendant Lowell Baisden from 24 providing tax advice and preparing income tax returns for others. (ECF No. 1.) 25 26 27 -1- Dockets.Justia.com 1 2 3 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States District Court for the Eastern District of California. On September 19, 2012, the Magistrate Judge assigned to 4 5 6 this matter issued Findings and Recommendation (ECF No. 228) denying, without prejudice, defendant’s Motion for Access to Courts. (ECF No. 219.) The Court has determined that authority to rule on Defendant’s Motion for 7 8 Access to Courts lies with the Magistrate Judge (28 U.S.C. 636; Local Rule 302) and 9 that the Findings and Recommendation to the United State District Court Judge were 10 unnecessary and issued in error. (Id.) The Court also wishes to give Defendant the 11 12 opportunity to file a reply to Plaintiff’s opposition to the motion. Accordingly, for the reasons stated above, the Findings and Recommendation 13 14 (ECF No. 228) are HEREBY VACATED. The Motion for Access to Courts (ECF No. 15 219), will be ruled on by direct order of the Magistrate Judge once it has been deemed 16 finally submitted. 17 18 19 20 21 IT IS SO ORDERED. Dated: 22 ci4d6 September 20, 2012 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.