ORDER RE SECTION 2255 PETITION SHARON L. GLEASON , District Judge . Before the Court is Defendant William Piers's Motion to Vacate, Set Aside or Correct Convictions and Sentence Pursuant to 28 U.S.C. 2255, filed on February 23, 2017 at Docket 293. 1 The Government responded at Docket 309; Mr. Piers's reply was filed thereafter at Docket 310. Oral argument was not requested and was not necessary to the Court's determination. BACKGROUND On February 12, 2001, Mr. Piers was convicted by...
ORDER RE MOTION UNDER 28 U.S.C. 2255 SHARON L. GLEASON , District Judge . Before the Court at Docket 93 is self-represented Defendant Terrance Davis's Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. The Government opposed the motion at Docket 115. Oral argument was not requested and was not necessary to the Court's decision. BACKGROUND On January 28, 2015, Defendant Terrance Davis was riding in the passenger seat of a vehicle that...
ORDER RE MOTION TO CORRECT SHARON L. GLEASON , District Judge . Before the Court at Docket 82 is Defendant Joshua Beaty's Motion to Correct Typographical or Other Clerical Error Pursuant to Federal Rule of Criminal Procedure 36. The Government did not file any response to the motion. Oral argument was not requested and was not necessary to the Court's decision. BACKGROUND On January 22, 2010, Joshua Beaty was arrested in Wasilla, Alaska, for the alleged burglaries of two residences. Mr....
ORDER SHARON L. GLEASON , District Judge . This order is intended to address all pending motions, except for Appellant's Motion for Summary Judgment (Docket 57), which is not yet fully briefed. At Docket 40, the Parents filed a *Sealed* Motion to Seal; the School District did not file a response to that motion. Good cause being shown, IT IS ORDERED that the motion to seal at Docket 40 is GRANTED. Exhibit 1 and Exhibit 2 to the Appellees' Motion to Supplement the Record, filed at Docket...
DECISION AND ORDER SHARON L. GLEASON , District Judge . On November 8, 2011, Wanda Lea Morris filed applications for Disability Insurance Benefits ("disability insurance") and Supplemental Security Income ("SSI") under Titles II and XVI of the Social Security Act ("the Act") respectively, 1 alleging disability beginning April 14, 2008 due to diabetes, heart problems, anxiety attacks, asthma, and arthritis. 2 Ms. Morris has exhausted her administrative remedies and filed a Complaint...
ORDER RE MOTION TO DISMISS DECLARATORY JUDGMENT ACTION SHARON L. GLEASON , District Judge . Before the Court at Docket 6 is EverBank's Motion to Dismiss Declaratory Judgment Action Under Abstention and Ripeness Doctrines. The motion has been fully briefed. 1 Oral argument was held on October 16, 2017. For the following reasons, the motion will be granted. BACKGROUND In December 2014, EverBank loaned $28.6 million to 716 West Fourth Avenue, LLC ("716 LLC"). 2 As part of the transaction,...
ORDER RE MOTION TO DISMISS SHARON L. GLEASON , District Judge . Before the Court at Docket 41 is Plaintiffs' Rule 12(b)(6) Motion to Dismiss. The motion has been fully briefed. 1 Oral argument was not requested and was not necessary to the Court's decision. Plaintiffs (collectively, "TD Ameritrade") initiated this action on June 27, 2016. 2 TD Ameritrade's Amended Complaint asserts three causes of action: declaratory judgment, cancellation and release of claimed nonconsensual common...
ORDER AND OPINION [Re: Motion at docket 17] JOHN W. SEDWICK , UNITED STATES DISTRICT JUDGE . I. MOTION PRESENTED At docket 17, Defendant Chugachmiut (Chugachmiut or Defendant) filed a motion for summary judgment as to the claims brought against it by Plaintiff Xiaofang Montella (Plaintiff). Plaintiff responded at docket 25. In her response, Plaintiff opposed summary judgment on the merits and also as premature. She asked the court to provide her additional time to conduct discovery...
ORDER RE PENDING MOTIONS SHARON L. GLEASON , District Judge . This is a habeas corpus action brought by Petitioner Suzette Welton pursuant to 28 U.S.C. 2254(d). Ms. Welton's First Amended Petition is at Docket 27. 1 Ms. Welton makes two claims of ineffective assistance of counsel. 2 Claim 1 centers on her trial counsel's decision not to cross-examine Jeremiah Welton regarding prior statements about the use of sleeping pills. 3 In Claim 2, Ms. Welton argues that her trial counsel was...
FINAL REPORT AND RECOMMENDATION REGARDING PETITIONER'S MOTION TO STAY AND ABEY; RESPONDENT'S MOTION TO DISMISS [DOCS. 28; 29] DEBORAH M. SMITH , Chief Magistrate Judge . I. MOTIONS PRESENTED After her first federal habeas petition was dismissed for failure to exhaust her claims, Welton v. Marshall, No. 3:12-CV-0137 TMB, 2014 WL 309788 (D. Alaska Jan. 27, 2014), Suzette Welton (Welton) filed a second pro se Petition for Writ of Habeas Corpus, pursuant to 28 U.S.C. 2254, on August 25,...
ORDER RE MOTION TO REMAND SHARON L. GLEASON , District Judge . Before the Court is Appellant's Motion to Remand at Docket 6. The motion is fully briefed. 1 Oral argument was not requested on the motion and was not necessary to the Court's determination. For the reasons set forth below, the motion will be denied. BACKGROUND M.G. experiences multiple disabilities, including autism, gastrointestinal disorders, cognitive impairments, and impending blindness. 2 Pursuant to the Individuals...
ORDER RE COMBINED MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT SHARON L. GLEASON , District Judge . Before the Court at Docket 32 is Respondent William Lapinskas's Combined Motion to Dismiss, Motion for Summary Judgment, and Answer to the First Amended Petition. The motions are fully briefed. 1 Oral argument was not requested and was not necessary to the Court's determination of the motions. Mr. Torrence's First Amended Petition for Writ of Habeas Corpus raises the following two...
DECISION AND ORDER SHARON L. GLEASON , District Judge . Curtis Del Seaman filed an application for Disability Insurance Benefits ("disability insurance") and Supplemental Security Income ("SSI") under Titles II and XVI of the Social Security Act ("the Act") respectively, 1 alleging disability beginning March 20, 2013. 2 Mr. Seaman has exhausted his administrative remedies and seeks relief from this Court. 3 He argues that the determination by the Commissioner of the Social Security...
AMENDED ORDER GRANTING IN PART AND DENYING IN PART PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. 2255 AND MOTION FOR LEAVE TO CONDUCT FORMAL DISCOVERY PURSUANT TO HABEAS RULE 6 (DOC. 91) DEBORAH M. SMITH , Chief Magistrate Judge . I. Motion Presented On January 19, 2010, Defendant Darnell Dollison (Dollison) pleaded guilty to two counts of knowingly and intentionally selling cocaine to a confidential informant (CI). (Docs. 17 at 3-7; 19). In a signed plea agreement, Dollison...
FINAL ORDER GRANTING IN PART AND DENYING IN PART PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. 2254 AND MOTION FOR LEAVE TO CONDUCT FORMAL DISCOVERY PURSUANT TO HABEAS RULE 6 (DOC. 91) DEBORAH M. SMITH , Chief Magistrate Judge . I. Motion Presented On January 19, 2010, Defendant Darnell Dollison (Dollison) pleaded guilty to two counts of knowingly and intentionally selling cocaine to a confidential informant (CI). (Docs. 17 at 3-7; 19). In a signed plea agreement, Dollison...
ORDER AND OPINION [Re: Motion at doc. 89] JOHN W. SEDWICK , Senior District Judge . I. MOTION PRESENTED At docket 89, proposed intervener Ronald T. West ("West") moves for relief from the court's decision denying his request at docket 61 to intervene in this case. West's motion is brought pursuant to Fed. R. Civ. P. 60(b)(1) and (b)(6). The court's order is at docket 72, and a judgment holding that West may not intervene is at docket 82. II. BACKGROUND The plaintiff in Case No. 3:17-...
ORDER AND OPINION [Re: Motion at docket 23] JOHN W. SEDWICK , Senior District Judge . I. MOTION PRESENTED At docket 23, Defendant Northern Gravel & Trucking, LLC (NGT) filed a motion to stay the declaratory judgment action brought by Plaintiff United Financial Casualty Company (UFCC). UFCC filed a response in opposition to the stay at docket 37. NGT filed its reply at docket 44. Oral argument was not requested and would not be of assistance to the court. II. BACKGROUND NGT is a...
ORDER AND OPINION [Re: Motions at Dockets 17, 45, & 46] JOHN W. SEDWICK , Senior District Judge . I. MOTIONS PRESENTED At docket 17 defendant Tote Maritime Alaska, Inc. ("Tote") 1 moves pursuant to Rules 12(b)(1) and (6) of the Federal Rules of Civil Procedure for an order dismissing plaintiff Dayle James' ("James") claims against it. The declarations of Grace Greene and Hugh L. Simpson supporting the motion are at dockets 19 and 20, respectively. James opposes at docket 30, and her...
ORDER AND OPINION [Re: Motion at docket 46] JOHN W. SEDWICK , Senior District Judge . I. MOTION PRESENTED At docket 46, Defendant United States of America (the Government) filed a motion to dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure based on the court's lack of subject matter jurisdiction. Plaintiff Steven Morrison (Plaintiff) opposed the motion at docket 50. The Government replied at docket 54. The court directed that the parties file supplemental...
ORDER AND OPINION [Re: Motions to Intervene at dockets 19, 29 and 54; and Modified briefing schedule for the motion at docket 62] JOHN W. SEDWICK , Senior District Judge . I. MOTIONS PRESENTED At docket 19, Pacific Legal Foundation, Alaska Outdoor Council, Big Game Forever, Kurt Whitehead, and Joe Letarte (collectively "PLF") move to intervene in this action pursuant to Rule 24 of the Federal Rules of Civil Procedure. At docket 29, Safari Club International and the National Rifle...
