REPORT AND RECOMMENDATION DEBORAH M. FINE , Magistrate Judge . TO THE HONORABLE DAVID G. CAMPBELL, UNITED STATES DISTRICT JUDGE: Petitioner Cedric Cleon Frater ("Petitioner" or "Frater"), is currently incarcerated in the in the Arizona State Prison Complex in Florence, Arizona, serving a 14 year imprisonment sentence arising from convictions in the Maricopa County Superior Court, case #CR 2011- 123789, for three counts of sale or transportation of marijuana pursuant to a plea agreement....
REPORT AND RECOMMENDATION D. THOMAS FERRARO , Magistrate Judge . Before the Court is Defendant Ricardo Peral-Lopez's Motion to Dismiss Superseding Indictment for Prosecutorial Misconduct in Grand Jury Proceedings (Doc. 44). The government filed its response (Doc. 51) and the Court heard oral argument on December 21, 2016. For the reasons set forth below, the Court recommends that the District Court, after its independent review of the record, deny Defendant's motion. Facts Based on the...
REPORT AND RECOMMENDATION DEBORAH M. FINE , Magistrate Judge . TO THE HONRABLE ROSLYN O. SILVER, SENIRO UNITED STATES DISTRICT JUDGE: Thomas Glenn Morgan ("Petitioner" or "Morgan") filed a second amended petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 ("Petition") challenging his convictions in the Maricopa County Superior Court. (Doc. 11) For the reasons set forth below, the Court recommends that Morgan's Petition be denied and dismissed with prejudice. I. BACKGROUND...
REPORT AND RECOMMENDATION JOHN Z. BOYLE , Magistrate Judge . TO THE HONORABLE STEVEN P. LOGAN, UNITED STATES DISTRICT COURT JUDGE: I. Summary After a jury trial, Petitioner was convicted of kidnapping, burglary, and first-degree murder. The convictions were affirmed by the Arizona Court of Appeals. Petitioner argues the trial court committed errors regarding severance and jury unanimity. He also argues counsel provided ineffective assistance. Petitioner's claims fail for the reasons...
REPORT AND RECOMMENDATION JOHN Z. BOYLE , Magistrate Judge . TO THE HONORABLE SUSAN R. BOLTON, SENIOR UNITED STATES DISTRICT JUDGE: Pending before the Court is a Petition, filed on October 6, 2016, alleging violations of supervised release. Pursuant to a Standing Order of Referral, dated July 9, 2014, the Honorable Susan R. Bolton, Senior United States District Judge, referred the Petition to Revoke Supervised Release in the above-numbered case to the undersigned Magistrate Judge to...
ORDER RANER C. COLLINS , Chief District Judge . Pending before the Court are Petitioner Edmond Gasaway's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 (Doc. 1) and Magistrate Judge Charles R. Pyle's Report and Recommendation (R & R) (Doc. 12). On September 19, 2016, Petitioner filed an objection to the R & R. Doc. 13. On October 4, 2016, Respondent filed a response. For the foregoing reasons, the Court shall overrule Petitioner's objections, accept and adopt Magistrate...
ORDER Motion for Withdrawal of Reference H. RUSSEL HOLLAND , District Judge . The Harmon and Plattner defendants move for an order withdrawing the reference of this adversary proceeding (No. 2:13-ap-00526-PS) from the bankruptcy court. 1 This motion is opposed. 2 Oral argument was requested but is not deemed necessary. Background On August 4, 2011, Bill Johnson's Restaurants, Inc. (BJR) filed a petition for bankruptcy protection under Chapter 11 (the Administrative Case). The Plan of...
ORDER ROSLYN O. SILVER, Sr. , District Judge . Plaintiff Albert Brinkman, who is currently confined in the Hutchinson Correctional Facility in Hutchinson, Kansas, brought this civil rights case regarding incidents that took place at Arizona State Prison Complex (ASPC)-Lewis. (Doc. 19.) Plaintiff's First Amended Complaint raises federal claims pursuant to 42 U.S.C. 1983 as well as state law tort claims. Before the Court is Defendant Hudson's Motion to Dismiss Count Ten of the First...
ORDER DAVID C. BURY , District Judge . Culturally Relevant Courses (CRC): R&R Re: Intervention Plan 2015 On February 12, 2015, this Court issued an Order approving a stipulated Intervention Plan to begin the 2015 Spring Semester and carry through the 2015-16 School Year (SY). The stipulation resolved allegations of noncompliance brought in August 2014 by the Special Master on behalf of the Mendoza Plaintiffs. On April 20, 2016, the Special Master filed a Report and Recommendation (R&R) (...
ORDER DAVID C. BURY , District Judge . SY 2016-2017 USP Budget: Approved, Pursuant to Report and Recommendation On July 12, 2016, the Tucson Unified School District (TUSD or the District) Governing Board approved the District's 2016-17 School Year (SY) budget, including the Unitary Status Plan (USP) budget. TUSD failed to file the 2016-2017 USP Budget with the Court for approval, therefore, on July 22, 2016, the Mendoza Plaintiffs filed it attached as an exhibit to their Objections. On...
ORDER JAMES A. TEILBORG , Senior District Judge . Plaintiff Omar Vallejo Dominguez ("Plaintiff") filed this action under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. 1681s-2 (2012), against Defendants Macy's Retail Holdings, Inc. (hereinafter, for purposes of this Order only, "Defendant") 1 , Famsa, Inc., Chase Bank, USA, N.A., and Synchrony Bank 2 . Pending before the Court is Defendant's Motion to Dismiss Plaintiff's Complaint for Failure to State a Claim, ("Defendant's Motion,"...
ORDER JAMES A. TEILBORG , Senior District Judge . Pending before the Court are: (1) Defendant's Motion to Dismiss Plaintiff's First Amended Complaint ("Motion to Dismiss," Doc. 19); and (2) Plaintiff's Motion for Leave to File Second Amended Complaint ("Motion to Amend," Doc. 20). The parties did not request oral argument. The Court now rules on the Motions. I. BACKGROUND Plaintiff Robert McCoy visited Defendant Petwin Hayden, LLC's Scottsdale office complex ("Defendant's complex") on...
ORDER JAMES A. TEILBORG , Senior District Judge . Pending before the Court is Plaintiff Demetrius Wilson's December 19, 2016 appeal from a pretrial order of Magistrate Judge Deborah M. Fine. (Doc. 238). The Court now rules on the motion. I. Background For the purposes of this appeal, the Court will not recite the underlying facts of the case. Instead, it is sufficient to note that Plaintiff filed a motion for summary judgment in this case on October 26, 2016. (Doc. 230). On October 27,...
ORDER DAVID K. DUNCAN , Magistrate Judge . Following the December 14, 2016 Status Hearing, the Court took several matters under advisement. There are also several motions pending before the Court. This Order addresses some of these outstanding matters. Calculating Dates The Court has issued two Orders addressing how to calculate whether Defendants are compliant with the Stipulation's requirement that certain PMs occur at regular intervals. (Docs. 1673, 1754) Defendants have asked for...
ORDER DAVID C. BURY , District Judge . TUSD adopted the CMP, pursuant to the Unitary Status Plan (USP), on July 15, 2014, it filed its final Revised CMP on January 28, 2016. (Doc. 1898). The Court adopts the recommendation of the Special Master and orders withdrawal of magnet status from the following elementary schools, Ochoa, Robison, Safford, and Utterback, and from the following high schools, Cholla and Pueblo. These schools are racially concentrated, having more than 70 percent...
REPORT AND RECOMMENDATION LESLIE A. BOWMAN , Magistrate Judge . Pending before the court are cross-motions for summary judgment filed on May 19, 2016. (Doc. 23); (Doc. 25) The plaintiff in this action, Nancy Bono, claims her insurer, State Farm, wrongly denied her claim for underinsured motorist (UIM) coverage. Bono argues UIM coverage applies to the wrongful death of her son, who was killed by an automobile while he was walking in a crosswalk. Her son was not insured under her policy,...
ORDER STEVEN P. LOGAN , District Judge . Before the Court is Petitioner John Kristoffer Larsgard's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 (Doc. 1). The Honorable James F. Metcalf, United States Magistrate Judge, has issued a Report and Recommendation ("R&R") (Doc. 13), recommending that the petition be denied with prejudice. Petitioner has objected to the R&R (Doc. 21). For the following reasons, the Court accepts and adopts the R&R, and denies the petition. I....
ORDER EILEEN S. WILLETT , Magistrate Judge . The Court has reviewed Petitioner's "Motion to Expand the Record (Eighth request)" (Doc. 112) and "Motion to Expand the Record to Include the Attached Affidavit (Ninth request)" (Doc. 114). For the reasons set forth herein, the Motions will be denied. I. DISCUSSION A. "Motion to Expand the Record (Eighth request)" (Doc. 112) Petitioner has alleged throughout this proceeding that forensic computer analyst, Joann Kennedy ("Kennedy"), "...
ORDER DAVID G. CAMPBELL , District Judge . On November 9, 2015, Petitioner Isidro Pacheco filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C 2254. Doc. 1. The Court referred the petition to Magistrate Judge James F. Metcalf. Doc. 2. On September 23, 2016, Judge Metcalf issued a report and recommendation ("R&R") that the Court dismiss the petition as to grounds 1, 2, and 3, and conditionally grant the petition as to ground 4. Doc. 19. Respondents filed objections to...
REPORT AND RECOMMENDATION BRUCE G. MacDONALD , Magistrate Judge . Currently pending before the Court is Petitioner Jesus J. Trevizo's pro se Petition Under 28 U.S.C. 2254 for a Writ of Habeas Corpus by a Person in State Custody (Non-Death Penalty) (Doc. 1). Respondents have filed a Limited Answer to Petition for Writ of Habeas Corpus ("Answer") (Doc. 11). Petitioner never replied. The Petition is ripe for adjudication. Pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil...
