REPORT AND RECOMMENDATION LESLIE A. BOWMAN , Magistrate Judge . This matter was referred to the Magistrate Judge to conduct an evidentiary hearing on the Government's Petition to Revoke Supervised Release filed on February 27, 2015. The Petition asserts that Defendant: A (1) failed to attend scheduled office visits on January 30 and February 24, 2015; B (1) used amphetamines on January 13, 2015 as evidenced by laboratory confirmed urinalysis tests 1 , (2) used synthetic marijuana on...
REPORT AND RECOMMENDATION MICHELLE H. BURNS, Magistrate Judge. TO THE HONORABLE G. MURRAY SNOW, UNITED STATES DISTRICT JUDGE: Petitioner Abdifatah Adem (A078-806-209), who is confined in Corrections Corporation of America's Florence Correctional Center in Florence, Arizona, filed a pro se Petition Under 28 U.S.C. 2241 for a Writ of Habeas Corpus by a Person in Federal Custody (Doc. 1). In his 2241 Petition, Petitioner alleges that he is entitled to supervised release from custody...
REPORT AND RECOMMENDATION MARK E. ASPEY, Magistrate Judge. TO THE HONORABLE NEIL V. WAKE: Petitioner docketed a petition seeking a petition for writ of habeas corpus on April 23, 2014. Respondents docketed an answer (Doc. 18) to the habeas petition on September 8, 2014. Petitioner docketed a reply to the answer to his petition on October 17, 2014. See Doc. 19. I Procedural background A Maricopa County grand jury indictment returned December 13, 2006, charged Petitioner with one count of...
REPORT AND RECOMMENDATION BRIDGET S. BADE, Magistrate Judge. This matter is before the Court on its own review. On June 17, 2014, Petitioner commenced this action pursuant to 28 U.S.C. 2241 seeking release from immigration detention, or, alternatively, a bond hearing. (Doc. 1.) The Court directed Respondents to answer the petition within twenty days of service. ( Id. ) See also Fed. R. Civ. P. 81(a)(4) and 28 U.S.C. 2243. After the deadline for filing an answer had passed, Respondents...
REPORT & RECOMMENDATION BRUCE G. MACDONALD, Magistrate Judge. Currently pending before the Court is Defendant Melquiades Natanael Lara-Valenzuela's Motion to Suppress Statements (Doc. 50) and Motion to Suppress Evidence Resulting from Fourth Amendment Violations (Doc. 58). Defendant is charged with one count of using a facility in interstate or foreign commerce, namely a telephone, with the intent to promote, manage, establish, carry on and facilitate the promotion management, establishment...
ORDER AND OPINION [Re: Motion at docket 4] JOHN W. SEDWICK, Senior District Judge. I. MOTION PRESENTED At docket 4, plaintiff Mindspace, Inc. ("Mindspace") moved for a preliminary injunction requiring certain actions and prohibiting other actions by defendants Todd Young ("Young"); Jason Edwards ("Edwards"); Fiero Agency, Inc.; and Fiero LLC (collectively "Fiero"). Defendants filed a response at docket 18, to which Mindspace replied at docket at docket 29. Following discovery relating to...
ORDER AND OPINION [Re: Motion at Docket 47] JOHN W. SEDWICK, Senior District Judge. I. MOTION PRESENTED At docket 47, American Petroleum Institute ("API") and Western Energy Alliance ("Alliance"; collectively "Proposed Intervenors") move to intervene as of right or permissively pursuant to Rule 24 of the Federal Rules of Civil Procedure. Plaintiff WildEarth Guardians ("Plaintiff" or "WEG") opposes the motion at docket 61. Defendants Sally Jewel, in her capacity as United States Secretary...
ORDER FRANK R. ZAPATA, District Judge. Plaintiff Rosemary Guadiana filed this class action for coverage under her homeowner's insurance policy with Defendant State Farm Fire and Casualty Company, alleging Defendant breached the policy by failing to pay the costs incurred in tearing out and replacing the part of the structure necessary to replace the polybutylene ("PB") piping after Plaintiff sustained water damage caused by a leak in the PB plumbing system in her home. Pending before the...
ORDER MARK E. ASPEY, Magistrate Judge. The defendant appeared in court with counsel. Pursuant to 18 U.S.C. 3148 a pretrial release revocation hearing was held. The Court finds by clear and convincing evidence that the defendant has violated the terms of defendant's previously imposed pretrial release conditions as alleged in the Petition to Revoke. After considering the factors set forth in 18 U.S.C. 3142(g), the court concludes there are no conditions or combination of conditions which...
ORDER JAMES A. SOTO, District Judge. Pending before the Court is a Report and Recommendation issued by United States Magistrate Judge Bowman 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 the record and...
ORDER EILEEN S. WILLETT, Magistrate Judge. Plaintiff is an inmate in custody at the Arizona Department of Corrections. He filed a Complaint (Doc. 1) pursuant to 42 U.S.C. 1983 alleging Defendants violated his civil rights. Plaintiff filed a document on October 22, 2014 (Doc. 62) which the Court has deemed to be a Motion to Compel. See Order filed October 31, 2014 (Doc. 66). Plaintiff asserts that documents identified in his Request for Production dated August 4, 2014 (Doc. 62, Ex. D) have...
ORDER JAMES A. SOTO, District Judge. Pending before the Court is a Report and Recommendation issued by United States Magistrate Judge Ferraro that recommends granting Plaintiff's request to reverse the Commissioner's final decision and remand to the ALJ to conduct further proceedings. 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...
REPORT AND RECOMMENDATION D. THOMAS FERRARO, Magistrate Judge. Plaintiff Patricia Cavanaugh brought this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3), seeking judicial review of a final decision by the Commissioner of Social Security (Commissioner). Cavanaugh filed her opening brief, seeking a remand for further proceedings. (Doc. 19.) The Commissioner filed an opposition and Cavanaugh filed a reply. (Docs. 21, 22.) Based on the pleadings and the administrative record submitted to...
ORDER CHARLES R. PYLE , United States Magistrate Judge . This action arises from a shipment of 55 copper anodes that went missing. ASARCO alleges that in July 2011, ASARCO requested that Defendants CR England, Inc. ("CR") and England Logistics ("EL") arrange for transport of 55 copper anodes from ASARCO's facility in Hayden, Arizona, to ASARCO's facility in Amarillo, Texas ("the Shipment"). (First Amended Complaint, ("FAC") 29; Doc. 101, p. 5). ASARCO alleges that CR/EL unilaterally re-...
ORDER EILEEN S. WILLETT, Magistrate Judge. Plaintiff has filed a "Response by Plaintiff, Douglas Eric Ross, to defendant(s) answer to Plaintiffs complaint" (Doc. 40). The Court strikes Plaintiff's Response (Doc. 40) as an improper pleading. Rule 7(a)(1) and (2), Fed.R.Civ.P, provides for a complaint and an answer to a complaint. A reply to an answer is only permitted "if the court orders one." Fed.R.Civ.P. 7(a)(7). Because the Court did not order a reply or a response to Defendants' Answer (...
ORDER DAVID G. CAMPBELL, District Judge. Plaintiff Jonathan Michael Ploof, who is confined in the Arizona State Prison Complex-Eyman, brought this civil rights case pursuant to 42 U.S.C. 1983. (Doc. 61). He raises claims regarding alleged failure to provide him with adequate healthcare and deliberate indifference to the fact that the failure to do so has resulted in significant injury to his heart. On screening pursuant to 28 U.S.C. 1915A(a), the Court determined that Plaintiff adequately...
ORDER EILEEN S. WILLETT, Magistrate Judge. Plaintiff is an inmate in custody at the Arizona Department of Corrections in Florence, Arizona. On April 30, 2013, Plaintiff filed a Complaint (Doc. 1) alleging a violation of his civil rights pursuant to 42 U.S.C. 1983. Defendants filed an Answer (Doc. 29) to Plaintiff's Complaint. A final amended scheduling Order (Doc. 103) was issued on June 11, 2014. The deadline for all discovery closed on June 27, 2014. Defendants' Motion for Summary...
ORDER FRANK R. ZAPATA, District Judge. Plaintiff Michael Alan McKenzie filed this action pursuant to 42 U.S.C. 405(g) of the Social Security Act for judicial review of the final decision of the Commissioner of the Social Security Administration, denying his application for Social Security disability insurance benefits. This matter was referred to the United States Magistrate Judge for all pretrial proceedings and report and recommendation in accordance with the provisions of 28 U.S.C....
ORDER FREDERICK J. MARTONE, District Judge. Before the court is plaintiff's motion for an award of attorney's fees (doc. 19) and memorandum in support (doc. 20), defendant's response (doc. 21), and plaintiff's reply (doc. 22). This is a motion for an award of attorney's fees pursuant to 42 U.S.C. 406(b) of the Social Security Act. Section 406(a) governs fees for representation of a Social Security claimant in administrative proceedings, and 406(b) applies to fees for representation...
ORDER LESLIE A. BOWMAN, District Judge. The plaintiff filed this action for review of the final decision of the Commissioner for Social Security. The court has jurisdiction pursuant to 42 U.S.C. 1383(c)(3). The Magistrate Judge presides over this case pursuant to 28 U.S.C. 636(c) having received the written consent of both parties. See FED.R.CIV.P. 73; (Doc. 13) The court finds the final decision of the Commissioner is supported by substantial evidence and is free from legal error....
