COMMITMENT TO ANOTHER DISTRICT JAMES F. METCALF , Magistrate Judge . The defendant has been ordered to appear in the Southern District of California. The defendant may need an interpreter for this language: ________________________. The defendant: [] will retain an attorney. [] is requesting court-appointed counsel. The defendant remains in custody after the initial appearance. IT IS ORDERED: The United States marshal must transport the defendant, together with a copy of this order,...
ORDER LYNNETTE C. KIMMINS , Magistrate Judge . Petitioner Heulon Brown has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. Before the Court are the Petition (Doc. 1), Respondents' Answer (Doc. 10), and Petitioner's Reply and three supplements (Docs. 18-21, 26). The parties have consented to Magistrate Judge jurisdiction. (Doc. 14.) FACTUAL AND PROCEDURAL BACKGROUND Brown was convicted in the Pima County Superior Court on one count of first-degree murder; one...
ORDER Eileen S. Willett , United States Magistrate Judge . Pending before the Court is Diane Carol Roberts' ("Plaintiff") appeal of the Social Security Administration's ("Social Security") denial of her application for supplemental security income. The Court has jurisdiction to decide Plaintiff's appeal pursuant to 42 U.S.C. 405(g), 1383(c). Under 42 U.S.C. 405(g), the Court has the power to enter, based upon the pleadings and transcript of the record, a judgment affirming, modifying,...
ORDER DOUGLAS L. RAYES , District Judge . Plaintiff Hedy Bahe, on behalf of her deceased husband, Jerry Bahe, seeks judicial review of the administrative decision by Defendant Office of Navajo and Hopi Indian Relocation (ONHIR) denying Plaintiff relocation benefits under the Navajo-Hopi Settlement Act. (Doc. 1.) Before the Court are the parties' cross-motions for summary judgment. (Docs. 18, 20.) The motions are fully briefed and neither side requested oral argument. (Docs. 24, 26.) For...
ORDER JOHN J. TUCHI , District Judge . At issue is Plaintiff's proposed Amended Complaint (Doc. 43). At the Scheduling Conference (Doc. 32), the Court gave Plaintiff leave to amend his Complaint within 30 days of the Conference for the sole purpose of addressing punitive damages. When Plaintiff's counsel asked about adding a party, the Court replied: "[Y]ou're going to have to move to amend and as long as that passes muster, yeah, you can still attempt to add parties. . . ." (Doc. 46 at 25....
ORDER DOUGLAS L. RAYES , District Judge . At issue is Defendants Zuzanna and Magdalena Czerny's motion for judgment on the pleadings, which is fully briefed. (Docs. 12, 14, 15.) For the following reasons, the motion is denied. I. Background Plaintiffs Chad and Danae Kim, who are New Mexico residents, allege that they were injured in an automobile accident that occurred on January 13, 2015 in Tempe, Arizona. They claim that the accident was caused by Defendants, who are Arizona residents....
ORDER DOUGLAS L. RAYES , District Judge . Before the Court are Petitioner Martrail Williams' Petition for Writ of Habeas Corpus and United States Magistrate Judge Bridget S. Bade's Report and Recommendation ("R&R"). (Docs. 1, 15.) The R&R recommends that the Court deny the Petition. The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R&...
REPORT & RECOMMENDATION JACQUELINE M. RATEAU , Magistrate Judge . Pending before the Court is the Government's Motion in Limine to Admit Defendant's Statements to Tucson Police (Doc. 43). Defendant Carlos Gomez-Robles did not respond but instead filed a Motion to Suppress Statements for Miranda Violation (Doc. 53). The Government responded (Doc. 54) and a hearing was conducted on Friday, December 1, 2017. The Government called one witness, Tucson Police Officer Jesus Tapia. The Defendant...
ORDER CINDY K. JORGENSON , District Judge . On November 28, 2017, Magistrate Judge Jacqueline M. Rateau issued a Report and Recommendation (Doc. 57) in which she recommended the Motion to Suppress Statements and Evidence for Fourth Amendment Violation (Doc. 29) be denied. On December 1, 2017, the magistrate judge issued a Report and Recommendation (Doc. 58) in which she recommended the Motion in Limine to Admit Defendant's Statements to Tucson Police (Doc. 43) be granted and the Motion to...
REPORT & RECOMMENDATION JACQUELINE M. RATEAU , Magistrate Judge . Pending before the Court is Defendant Carlos Gomez-Robles's Motion to Suppress Statements and Evidence for Fourth Amendment Violation (Doc. 29). The Government filed a Response (Doc. 36) and the Defendant replied (Doc. 44). The parties also filed supplemental memoranda (Docs. 45, 46). Defendant is charged with one count of Illegal Reentry in violation of 8 U.S.C. 1326(a) and enhanced by 9 U.S.C. 1326(b)(1). (Doc. 7 (...
ORDER JAMES A. SOTO , District Judge . Pending before the Court is a Report and Recommendation issued by United States Magistrate Judge D. Thomas Ferraro that recommends denying Petitioner's habeas petition filed pursuant to 28 U.S.C. 2254. A review of the record reflects that the parties have not filed any objections to the Report and Recommendation and the time to file objections has expired. As such, the Court will not consider any objections or new evidence. The Court has reviewed...
ORDER CHARLES R. PYLE , Magistrate Judge . The defendant appeared in court with counsel. The defendant's probable cause hearing was waived and the detention hearing was submitted on the record. The Court finds probable cause to believe the defendant violated the terms of his supervised release as alleged in the petition. The Court further finds, pursuant to Rule 32.1(a)(6), that defendant has failed to show by clear and convincing evidence that he is not a flight risk or a danger. IT IS...
ORDER DAVID G. CAMPBELL , District Judge . The "Brian W. Hummel and Sandra M. Dahl Living Trust" (the "Trust" or "Plaintiff") has sued Defendants Rushmore Loan Management, LLC and U.S. Bank National Association. Doc. 1. The Court previously granted a motion to dismiss some of Plaintiff's claims. Doc. 20. Plaintiff filed an amended complaint (Doc. 27), and U.S. Bank filed a third-party complaint against Bryan Hummel and Sandra Dahl as individuals (collectively, the "Hummels") (Doc. 37)....
ORDER CHARLES R. PYLE , Magistrate Judge . Defendant appeared in court with counsel. Pursuant to 18 U.S.C. 3141 et. seq. a detention hearing was held. The defendant is ordered detained pending an intake assessment for placement at Crossroads in Phoenix, Arizona or other facility as designated by Pretrial Services. Should defendant qualify for such placement, defendant shall be released upon conditions set by this Court, including pretrial residency at said facility, as conditions do...
ORDER CHARLES R. PYLE , Magistrate Judge . The defendant appeared in court with counsel. The defendant's probable cause hearing was waived and the detention hearing was submitted on the record including a proffer by defense counsel. The Court finds probable cause to believe the defendant violated the terms of her supervised release as alleged in the petition. The Court further finds, pursuant to Rule 32.1(a)(6), that defendant has failed to show by clear and convincing evidence that she is...
ORDER CHARLES R. PYLE , Magistrate Judge . The defendant appeared in court with counsel. The defendant's probable cause hearing was waived and the detention hearing was submitted on the record. The Court finds probable cause to believe the defendant violated the terms of his supervised probation as alleged in the petition. The Court further finds, pursuant to Rule 32.l(a)(6), that defendant has failed to show by clear and convincing evidence that he is not a flight risk or a danger. IT IS...
ORDER CHARLES R. PYLE , Magistrate Judge . The defendant appeared in court with cousel. The defendant's probable cause hearing was waived and the detention hearing was held on the record including a proffer by defense counsel. The Court finds probable cause to believe the defendant violated the terms of his supervised release as alleged in the petition. The Court further finds, pursuant to Rule 32.1(a)(6); that defendant has failed to show by clear and convincing evidence that he is not a...
MATERIAL WITNESS ORDER OF DETENTION JAMES F. METCALF , District Judge . Defendant, Ceasar Inzunza, et al, having been charged in the District of Arizona with a violation of Count One of Title 8 United States Code Section 1324(a)(1)(A)(v)(I), (B)(i) and the Magistrate Judge having determined from the affidavit of the Department of Homeland Security Customs and Border Protection filed in this case, the following persons can provide testimony that is material to the offense alleged in the...
ORDER DAVID G. CAMPBELL , District Judge . Defendants Trench Limited and Trench France, S.A.S. move for reconsideration of this Court's order denying their Rule 12(b)(2) motion as to Plaintiff's failure to warn claims. Doc. 59. A motion for reconsideration will be denied "absent a showing of manifest error or a showing of new facts or legal authority that could not have been brought to [the Court's] attention earlier with reasonable diligence." LRCiv 7.2(g)(1); see Carroll v. Nakatani,...
ORDER JAMES A. TEILBORG , District Judge . Pending before the Court is Defendant Scientific Protein Laboratories' motion to seal portions of certain exhibits that are currently lodged at Doc. 187 and Doc. 187-1. (Doc. 186.) I. Procedural Background On November 7, 2017, this Court rejected Plaintiffs' request to seal Plaintiffs' Controverting Statement of Facts in Opposition to Defendants Baxter Healthcare Corporation's and Scientific Protein Laboratories LLC's ("SPL") Motion for Summary...
