-KJM (PS) United States of America v. Morris, No. 2:2010cv00614 - Document 30 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 1/5/2011 ORDERING that the 22 Findings and Recommendations filed December 10, 2010 are adopted infull. Pltf's 14 Motion for Summary Judgment is GRANTED. Plt's lodged [Proposed] order granti ng the motion and the proposed order of expungement and permanent injunction is entered. The UCC Financing Statement filed by the dft against Revenue Officer Bugos be declared null, void, and without legal effect. The court expunges and removes any r ecord of the Financing statement from the official records of the Secretary of State California. The court grants leave to file any order or judgment obtained in the present case with the Secretary of State, and in the public records of any other jur isdiction. The court permanently enjoins dft Patricia A. Morris and all others in active concert or participation with the dft from filing any document which purports to create any nonconsentual lien or encumbrance against the person or property of any employee of the United States. CASE CLOSED. (Duong, D)

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-KJM (PS) United States of America v. Morris Doc. 30 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, Plaintiff, 11 12 13 14 vs. PATRICIA MORRIS, Defendant. 17 18 ORDER / 15 16 No. CIV S-10-614 FCD KJM PS The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(21). On December 10, 2010, the magistrate judge filed findings and recommendations 19 herein which were served on the parties and which contained notice to the parties that any 20 objections to the findings and recommendations were to be filed within fourteen days. 21 Defendant has filed a response, which the court will contrue as objections to the findings and 22 recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire file, the court finds the findings and recommendations to be supported by the record and 26 by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed December 10, 2010 are adopted in 3 full; 4 2. Plaintiff’s motion for summary judgment (Docket No. 14) is granted; 5 3. Plaintiff’s lodged [Proposed] Order Granting Motion for Summary Judgment 6 (Docket No. 24-1) and lodged [Proposed] Order of Expungement and Permanent Injunction 7 (Docket No. 24-2) is entered; 8 9 10 11 12 4. The UCC Financing Statement filed by defendant against Revenue Officer Bugos is declared null, void, and without legal effect; 5. The court expunges and removes any record of the UCC Financing Statement from the official records of the Secretary of State for the State of California; 6. The court grants leave to file any order or judgment obtained in the present 13 case with the Secretary of State for the State of California, and in the public records of 14 any other jurisdiction where documents identical or similar to the UCC Financing Statement may 15 have been filed by the defendant; and 16 7. The court permanently enjoins defendant Patricia A. Morris, her agents, 17 employees, and all others in active concert or participation with the defendant from filing, or 18 attempting to file, any document or instrument which purports to create any nonconsensual lien 19 or encumbrance against the person or property of any employee of the United States. 20 DATED: January 5, 2011. 21 22 23 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 24 25 26 2

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