REPORT AND RECOMMENDATION MARSHA J. PECHMAN , Magistrate Judge . This is a civil rights action brought under 42 U.S.C. 1983. Plaintiff submitted his original complaint to this Court for filing on March 7, 2018, together with an application to proceed with this action in forma pauperis. ( See Dkt. 1.) Plaintiff was at that time confined at the Snohomish County Jail. ( See Dkt. 1-1 at 2.) After correcting deficiencies in both his in forma pauperis application and his original...
REPORT AND RECOMMENDATION J. RICHARD CREATURA , Magistrate Judge . This 42 U.S.C. 1983 civil rights matter has been referred to Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. 636 (b)(1)(A) and (B) and Local Magistrate Judge Rules MJR 1, MJR 3, and MJR 4. Plaintiff Robert Dean Griffin, Jr. alleges that his First and Fourteenth Amendment rights were violated when defendants allegedly deprived him of a single legal document necessary to challenge his underlying conviction....
REPORT AND RECOMMENDATION MARY ALICE THEILER , Magistrate Judge . JOHN C. COUGHENOUR , District Judge . INTRODUCTION AND SUMMARY CONCLUSION This is a federal habeas action brought under 28 U.S.C. 2254. This matter comes before the Court at the present time on petitioner's requests for a preliminary injunction to prevent public notification of his sex offender status upon his release from confinement in January 2019. Respondent opposes petitioner's requests. This Court, having reviewed...
REPORT AND RECOMMENDATION Noting: January 11, 2019 JOHN C. COUGHENOUR , Magistrate Judge . The District Court has referred this action, filed pursuant to 42 U.S.C. 405(g), to United States Magistrate Judge David W. Christel. Plaintiff filed this matter seeking judicial review of Defendant's denial of her application for disability insurance benefits ("DIB"). After considering the record, the undersigned concludes the Administrative Law Judge ("ALJ") erred when he failed to account for...
REPORT AND RECOMMENDATION RE: SOCIAL SECURITY DISABILITY APPEAL MARY ALICE THEILER , Magistrate Judge . Plaintiff proceeds through counsel in her appeal of a final decision of the Commissioner of the Social Security Administration (Commissioner). The Commissioner found plaintiff was not without fault in causing an overpayment of Title II Disability Insurance Benefits (DIB) and was not entitled to a waiver of the overpayment. Having now considered the Commissioner's decision, the...
ORDER GRANTING DEFENDANTS' MOTION TO TRANSFER VENUE JAMES L. ROBART , District Judge . I. INTRODUCTION Before the court is Defendants Mike Pompeo, Kirstjen M. Nielsen, Kevin K. McAleenan, United States Department of Homeland Security, United Sates Department of State, and United States Customs and Border Protection's (collectively, "Defendants") motion to transfer venue. (Mot. (Dkt. # 55).) Plaintiffs Pars Equality Center ("Pars Equality"), OneAmerica, Pamela Whitehall Raghebi, Afshin...
Order Terminating Garnishment Proceeding ROBERT S. LASNIK , District Judge . This matter came before the Court on the United States' Application to Terminate Garnishment Proceeding. For the reasons stated in the United States' Application, the Court concludes that this Garnishment should be terminated, pursuant to 28 U.S.C. 3205(c)(10)(A). IT IS ORDERED that the garnishment is terminated and that Ankle and Foot Specialist of Washington, P.S., is relieved of further responsibility...
REPORT AND RECOMMENDATION BRIAN A. TSUCHIDA , Chief Magistrate Judge . Defendants Emmanuel Hebron, David McKenney, Anthony Spivey, King County, and the Maleng Regional Justice Center move for summary judgment dismissal of Plaintiff Gregory A. Wright's 42 U.S.C. Section 1983 claims of excessive force, deliberate indifference to serious medical needs, creation of a hostile environment, and excessive bail. Dkt. 21. Defendants contend that Plaintiff's claims are barred because he failed to...
ORDER GRANTING STIPULATED MOTION FOR ATTORNEYS' FEES AND COSTS MARSHA J. PECHMAN , District Judge . This matter comes before the Court upon the Parties' Stipulated Motion for Attorneys' Fees and Costs. THE COURTS FINDS that the attorneys' fees and costs reflected in the Parties' Stipulated Motion for Attorney's Fees and Costs are reasonable and compensable under 42 U.S.C. 1988. IT IS HEREBY ORDERED that Defendants shall, within ten days of the date of this order, pay to Plaintiffs'...
FINDINGS AND ORDER ACCEPTING DEFENDANT FOR DEFERRED PROSECUTION, APPROVING TREATMENT PLAN, AND DIRECTING DEFENDANT TO TAKE TREATMENT AS PRESCRIBED J. RICHARD CREATURA , Magistrate Judge . THIS MATTER, coming on for hearing this 10th day of December, 2018, upon the defendant's Petition for Deferred Prosecution; the defendant appearing in person and by his attorney, Assistant Federal Public Defender Colin Fieman; the United States of America being represented by Assistant United States...
FINDINGS AND ORDER ACCEPTING DEFENDANT FOR DEFERRED PROSECUTION, APPROVING TREATMENT PLAN, AND DIRECTING DEFENDANT TO TAKE TREATMENT AS PRESCRIBED J. RICHARD CREATURA , Magistrate Judge . THIS MATTER, coming on for hearing this 10th day of December, 2018, upon the defendant's Petition for Deferred Prosecution; the defendant appearing in person and by his attorney, Assistant Federal Public Defender Colin Fieman; the United States of America being represented by Assistant United States...
Order Granting Motion to Sign and Seal Letters Rogatory JAMES L. ROBART , District Judge . This matter came before the Court on a motion requesting this Court sign and seal for delivery two Letters of Rogatory to facilitate service of defendants in Thailand. The Court has considered the motion, the records and files herein; and GRANTS the motion (Dkt. #7). IT IS HEREBY ORDERED that this Court will sign and seal for delivery the two submitted Letters Rogatory for service on defendants in...
ORDER REVERSING AND REMANDING DEFENDANT'S DECISION TO DENY BENEFITS FOR PAYMENT OF BENEFITS JAMES L. ROBART , District Judge . The Court, having reviewed plaintiff's complaint, the Report and Recommendation of Judge Theresa L. Fricke, United States Magistrate Judge, and objections to the report and recommendation, if any, and the remaining record, does hereby find and ORDER: (1) the Court adopts the Report and Recommendation; (2) the ALJ erred in his decision as described in the Report...
ORDER ADOPTING REPORT AND RECOMMENDATION JAMES L. ROBART , District Judge . The Court, having reviewed the Report and Recommendation of Judge David W. Christel, United States Magistrate Judge, and the relevant record, does hereby find and ORDER: (1) The Court adopts the Report and Recommendation. (2) The matter is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. 405(g) to the Commissioner for further consideration. (3) JUDGMENT is for plaintiff and the case should be...
STIPULATION AND[ PROPOSED ] ORDER TO STAY PROCEEDINGS JAMES L. ROBART , District Judge . Pursuant to the Court's Order dated October 22, 2018 (Dkt. 31), Plaintiff Leonard A. Lemmon, and Defendant Equifax Information Services LLC ("Equifax"), by counsel, hereby provide this notice regarding the status of the case. This case is one of a number of similar putative class actions brought against Equifax around the country regarding the reporting of public records ( i.e., tax liens and...
STIPULATION AND [ PROPOSED ] ORDER OF DISMISSAL JAMES L. ROBART , District Judge . STIPULATION COME NOW Plaintiff Glacier Fish Company and Defendant Wilderman Becerra-Valverde, through their respective counsel, and stipulate to the entry of an Order of Dismissal of Plaintiff's Claims Against Defendant, in their entirety, with prejudice and without costs, for the reason that the named parties have reached final settlement in this matter. [PROPOSED] ORDER Based upon the foregoing...
JURY TRIAL DEMANDED ORDER GRANTING MOTION TO FILE UNDER SEAL [PROPOSED] JAMES L. ROBART , District Judge . Having considered Third-Party Defendant CyWee Motion Group Ltd.'s ("CyWee") Motion to File Under Seal, and all other papers filed in support of the Motion, the Court finds that good cause exists to file the requested materials under seal. IT IS HEREBY ORDERED that CyWee's Motion to File Under Seal is GRANTED. Accordingly, Exhibit A to the Declaration of Michael Shore in...
(PROPOSED) ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT LOBSANG DARGEY AND RELIEF DEFENDANT PATH OTHELLO, LLC JAMES L. ROBART , District Judge . THIS CAUSE came before the Court upon the motion of Peter S. Ehrlichman, Shawn Larsen-Bright, Todd S. Fairchild, and Dorsey & Whitney LLP to withdraw as counsel for Defendant Lobsang Dargey and Relief Defendant Path Othello, LLC in the above-captioned matter. For the reasons stated in the motion, the motion is GRANTED (Dkt. #658),...
ORDER OF DISMISSAL JAMES L. ROBART , District Judge . This matter comes before the Court upon the notice of the United States for leave to dismiss all pending charges in this matter as to Defendant Bruce Ernest Bonin. IT IS HEREBY ORDERED: All pending counts in the above-captioned case as to this Defendant are dismissed, without prejudice. The outstanding warrant shall be quashed.
SUPPLEMENTAL REPORT AND RECOMMENDATION J. RICHARD CREATURA , Magistrate Judge . The District Court has referred this 42 U.S.C. 1983 civil rights action to United States Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. 636(b)(1)(A) and (B), and local Magistrate Judge Rules MJR 1, MJR 3, and MJR 4. Defendants' in this action filed a motion for summary judgment on October 16, 2018. Dkt. 53. On October 19, 2018, plaintiff filed four motions. See Dkts. 55, 57, 58, 60. This...
