REPORT AND RECOMMENDATION CANDY WAGAHOFF DALE , Magistrate Judge . On December 18, 2019, Defendant Tonya Marie Routt appeared before the undersigned United States Magistrate Judge to enter a change of plea. The Defendant executed a waiver of the right to have the presiding United States District Judge take her change of plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the Indictment (Dkt. 1), the maximum penalties applicable, her Constitutional...
REPORT AND RECOMMENDATION CANDY WAGAHOFF DALE , Magistrate Judge . On December 12, 2019, Defendant Tera Lee Baxter appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement. (Dkt. 20). The Defendant executed a waiver of the right to have the presiding United States District Judge take her change of plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the Indictment (Dkt. 1), the...
REPORT AND RECOMMENDATION CANDY W. DALE , Magistrate Judge . On December 18, 2019, Defendant Andrew James Davison appeared before the undersigned United States Magistrate Judge for an initial appearance on the superseding information and to enter a plea pursuant to a written plea agreement. (Dkt. 38.) The Defendant executed a waiver of the right to have the presiding United States District Judge take his plea. Thereafter, the Court explained to the Defendant the nature of the charges...
MEMORANDUM DECISION AND ORDER CANDY W. DALE , Magistrate Judge . NTRODUCTION Before the Court are Petitioner's Motion for Entry of Default (Dkt. 9) and Respondent's Motion to Dismiss (Dkt. 11). 1 Having reviewed the record, the Court finds that the facts and legal arguments are adequately presented in the briefs and record. Accordingly, in the interest of avoiding delay, and because the Court conclusively finds that the decisional process would not be significantly aided by oral argument,...
MEMORANDUM DECISION AND ORDER RONALD E. BUSH , Chief Magistrate Judge . Pending before the Court is a Motion for Summary Judgment filed by Defendants Randy Blades, Steve Brood, Julie Bryant, District Four Probation, Angel Dobrev, Montelito Mason, Idaho Board of Corrections, Idaho Commission of Pardons and Parole, and Janae Vorhes. Plaintiff Richard Drennon, a prisoner in the custody of the Idaho Department of Correction (IDOC), has filed an "Objection" and "Declaration." (Dkt. 22.)...
REPORT AND RECOMMENDATION CANDY WAGAHOFF DALE , Magistrate Judge . On November 25, 2019, Defendant JOSE BERNAL MOLINA, III appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement. (Dkt. 33). The Defendant executed a waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the Indictment (Dkt. 1),...
MEMORANDUM DECISION AND ORDER RONALD E. BUSH , Chief Magistrate Judge . Pending before the Court is a Petition an Amended Petition for Writ of Habeas Corpus filed by Idaho state prisoner Timothy Andrew Kellis, challenging his Latah County convictions on nine counts of lewd conduct with a minor, one count of attempted lewd conduct with a minor, and two counts of sexual abuse of a child. See Dkt. 11. The Court previously granted Respondent's motion for partial summary dismissal, concluding...
ORDER B. LYNN WINMILL , District Judge . Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. (Dkt. 20). On December 2, 2019, Defendant Elizabeth Ann Wylie appeared before the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's admission to forfeiture and plea of guilty to the charges contained in Count One of the...
MEMORANDUM DECISION AND ORDER RONALD E. BUSH , Chief Magistrate Judge . Pending before the Court is a Petition for Writ of Habeas Corpus filed by Idaho state prisoner John Kim Baker ("Petitioner" or "Baker"). The Petition challenges Petitioner's Ada County conviction of felony eluding, including a persistent violator enhancement. Dkt. 3. The Petition is now fully briefed and ripe for adjudication. The Court takes judicial notice of the records from Petitioner's state court proceedings,...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL , District Judge . INTRODUCTION Before the Court is Defendant Manuel Cantu Salinas's unopposed Motion for Early Termination of Supervised Release (Dkt. 306). For the reasons explained below, the Court will grant the motion. DISCUSSION In 1992, Salinas was convicted of one count of engaging in a continuing criminal enterprise to distribute cocaine and two counts of distributing cocaine. He was sentenced to life imprisonment, but that sentence...
ORDER B. LYNN WINMILL , District Judge . To clarify the Court's earlier decision (docket no. 1333), the Court understands that the plaintiffs want to have inmates do simulations of daily living in the Medical Annex to prepare for the evidentiary hearing. As one example of the simulations they would perform, the plaintiffs would propose having an inmate in a wheelchair attempt to access certain areas to determine safety issues. The plaintiffs also want to observe Units 9 and 13 in their...
MEMORANDUM DECISION AND ORDER DAVID C. NYE , District Judge . I. INTRODUCTION Pending before the Court is Defendant Hoffman Construction Company of America's ("Hoffman") Motion to Dismiss. Dkt. 6. On December 12, 2019, the Court held oral argument and took the motion under advisement. Upon review, and for the reasons set forth below, the Court finds good cause to DENY Defendant's Motion to Dismiss at this time because there are factual disputes as to whether the parties agreed to...
MEMORANDUM DECISION AND ORDER RE: JOINT STIPULATION FOR EAJA FEES (DKT. 24) RONALD E. BUSH , Chief Magistrate Judge . Pending is the parties' Joint Stipulation for EAJA Fees (Dkt. 24), regarding Petitioner's application for an attorney fee in the amount of $6,745.67. Having carefully considered the record and otherwise being fully advised, the Court enters the following Order. Petitioner initiated this action July 23, 2018, seeking judicial review of the final decision of Respondent, the...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL , District Judge . The Court has before it a discovery dispute between the parties. Plaintiff Stevens wants to take a Rule 30(b)(6) deposition of defendant BYU-I to inquire into benefits a crucial witness — Danielle Spencer — may have received from the University. BYU-I objects on the grounds that (1) the amended deposition notice was untimely as it was sent after discovery had closed, and (2) counsel was able to question the witness BYU-I...
MEMORANDUM DECISION AND ORDER B. Lynn Winmill , U.S. District Court Judge . INTRODUCTION Plaintiff, Paula Bates, obtained long term disability insurance under a group insurance plan administered by Defendant, Hartford. The Parties dispute whether that plan and this action are governed by Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001-1461. Following the agreement reached on the telephonic scheduling conference held on January 18, 2019, the Court ordered the...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL , District Judge . INTRODUCTION Before the Court is Plaintiff Shaakirrah R. Sanders' unopposed Motion to for Leave to File an Amended Complaint (Dkt. 15). For the reasons explained below, the Court will grant the motion. BACKGROUND Plaintiff filed this lawsuit in June 2019. After filing her initial complaint — and well before the deadline established in the Scheduling Order, see Dkt. 12 — plaintiff filed a motion seeking to amend her...
ORDER B. LYNN WINMILL , District Judge . Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. (Dkt. 35). On November 25, 2019, Defendant Jose Bernal Molina, III appeared before the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's admission to forfeiture and plea of guilty to the charges contained in Count One of the...
MEMORANDUM DECISION AND ORDER INTRODUCTION B. Lynn Winmill , U.S. District Court Judge . The Court has before it motions for summary judgment filed by plaintiffs Idaho Conservation League and Greater Yellowstone Coalition (collectively referred to as ICL), defendant Forest Service and intervenor Otis Capital USA Corp. The Court held oral argument and took the motions under advisement. For the reasons expressed below, the Court will grant each motion in part, and remand the case to the...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL , District Judge . INTRODUCTION The Court has before it a motion for partial summary judgment filed by the Government. The Court heard oral argument on December 13, 2019, and granted the motion from the bench. This decision will supplement the Court's oral ruling. BACKGROUND FACTS On March 16, 2017, plaintiff CM, a minor child, and his dog Kasey were playing in the area about 300 yards from their home. CM saw what looked like a pipe...
ORDER APODTING REPORT AND RECOMMENDATION DAVID C. NYE , Chief District Judge . On October 24, 2019, the Court referred all maters in this case to Chief Magistrate Judge Ronald E. Bush. Dkt. 14. On November 27, 2019, Judge Bush issued a Report and Recommendation (Dkt. 18) regarding Fleenor's Application to Proceed without Prepayment of Fees or Costs (Dkt. 2). In his report, Judge Bush recommended that—in light of Fleenor's financial circumstances—her motion be denied, and she be required...
