Motion To Take Judicial Notice of the Statutory Authority of the Magistrate

Item# Magistrate-Notice
$75.00

Document Description

A Motion to specifically call to the attention of the Magistrate Judge the fact that he/she has no legal authority under the alw to dispose of the Summons enforcement case by issuing an Order of the Court, but is only allowed to write a preliminary report of recommendations about how to proceed. Cites title and Statute. Also reinforces the Motion to Dismiss For Lack of Jurisdiction, which should be used before this is filed (after the Summons enforcement hearing is conducted by the Magistrate). Written as a Motion to Take Judicial Notice of Law of the Statutory authority of the Magistrate to preside over preliminary Summons hearings. The magistrate is not allowed to issue an Order of the Court to conclude the matter (as they are want to do), but must only write a report and recommendation for the district court itself (not the magistrate) to act on, after you have had 10 days to Object to the magistrate's report. This Motion To Take Judicial Notice lays it all out, and prevents the magistrate from playing this game where they try to close out the matter themselves, instead of waiting for the authorized district court bench to issue an Order of the Court.

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