ORDER MICHELLE H. BURNS , Magistrate Judge . This case has been identified as one involving a "child" younger than eighteen years of age who is or is alleged to be a victim of a crime of physical abuse, sexual abuse, or exploitation; or a witness to a crime committed against another person. As such, the provisions of 18 U.S.C. 3509 apply. IT IS THEREFORE HEREBY ORDERED that all persons covered by the requirements of 18 U.S.C. 3509(d)(1)(B), including the defendant and employees of the...
REPORT AND RECOMMENDATION JOHN Z. BOYLE , Magistrate Judge . Petitioner Ellis Eugene Pittman, who is confined in an Arizona State Prison, has filed a pro se Second Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. (Doc. 13.) In 2012, Petitioner was in custody on state charges, and subsequently writ (but not released) to federal custody in Kentucky. Petitioner was sentenced in his federal case, and returned to Arizona. Petitioner was then sentenced in Arizona, with...
AMENDED REPORT AND RECOMMENDATION DAVID K. DUNCAN , District Judge . TO THE HONORABLE NEIL V. WAKE, UNITED STATES DISTRICT JUDGE After this Court issued a Report and Recommendation on the Petition for Writ of Habeas Corpus filed by Jimmie Lee Ford, Ford moved to amend his Petition. (Docs. 15, 16). Respondents did not file any response. Ford's motion was referred for a report and recommendation on whether his motion to amend should be granted and whether granting his motion would affect...
REPORT AND RECOMMENDATION JOHN Z. BOYLE , Magistrate Judge . TO THE HONORABLE NEIL V. WAKE, UNITED STATES DISTRICT JUDGE Petitioner Sheldon Roy Hanshaw has filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. (Doc. 1.) I. SUMMARY OF CONCLUSION On September 13, 2008, Petitioner was sentenced. The trial court dismissed Petitioner's PCR petition on November 24, 2009. Petitioner did not submit a timely petition to the Arizona Court of Appeals. Petitioner's...
REPORT AND RECOMMENDATION JOHN Z. BOYLE , Magistrate Judge . TO THE HONORABLE ROSLYN O. SILVER, SENIOR UNITED STATES DISTRICT JUDGE: Pending before the Court is a Petition to Revoke Supervised Release (Doc. 3) filed on August 5, 2015. Pursuant to a Standing Order of Referral, the Court referred the Petition to Revoke Supervised Release in the above-numbered case to the undersigned Magistrate Judge to conduct a "hearing and preparation of findings and recommendations ... and submit the...
ORDER ERIC J. MARKOVICH , Magistrate Judge . Pending before the Court is Plaintiff Marissa Gonzales' Motion to Remand to State Court. (Doc. 5). The motion has been fully briefed, and the Court heard oral arguments from the parties on December 4, 2015. For the following reasons, the Motion to Remand will be denied. I. Factual and Procedural Background On October 3, 2014 Plaintiff was driving near the intersection of Oracle Road and Limberlost in Tucson, Pima County, Arizona. (Doc. 1-3 at...
ORDER SUSAN R. BOLTON , District Judge . Plaintiffs filed their Complaint on February 27, 2015 and filed a Notice of Completion of Alternate Service on July 1, 2015. No answers or other appearances were made by any Defendant. The Clerk entered default on October 28, 2015. Plaintiffs moved for entry of default judgment on November 2, 2015. On December 8, 2015 the Magistrate Judge issued his Report and Recommendation recommending that Plaintiffs Motion for Default Judgment be granted. No...
REPORT AND RECOMMENDATION DAVID K. DUNCAN , Magistrate Judge . TO THE HONORABLE SUSAN R. BOLTON, U.S. DISTRICT JUDGE: This matter came before the Court on Plaintiffs' Motion for Default Judgment. Because only the Plaintiffs in this defaulted action have made an appearance and consented to Magistrate Judge jurisdiction, there is no consent to Magistrate Judge jurisdiction from any of the defaulted parties. Accordingly, the undersigned submits this Report and Recommendation to the Presiding...
PARTIAL JUDGMENT NEIL V. WAKE , District Judge . By order of November 13, 2015, the Court determined the following: Upon quantification of Plaintiff's attorney's fees and costs, a further order will be entered authorizing Plaintiff to retain for herself those amounts from the interpleaded funds and directing payment of the balance of the interpleaded funds to the Trustee, to be held in their entirety until the Court orders otherwise. Upon transfer of those funds, Plaintiff's Motion for...
ORDER NEIL V. WAKE , District Judge . Before the Court are Plaintiff's Motion for Discharge (Doc. 65), Plaintiff's Memorandum in Support of Fee and Expense Application (Doc. 82), and the parties' accompanying briefs. The Court previously determined that Plaintiff properly brought this interpleader action and is therefore entitled to withdraw from the interpleaded funds the costs and attorney's fees she reasonably incurred in bringing the action. (Doc. 79 at 9-11.) The Court ordered...
ORDER NEIL V. WAKE , District Judge . Before the Court is Defendant's Motion to Dismiss (Doc. 9). The time to file a response expired on December 21, 2015, and Plaintiff has failed to file a response. LRCiv 7.2(c). A party that fails to respond to a motion may be deemed to consent to granting of the motion and allow the Court to dispose of the motion summarily. LRCiv 7.2(i). Because Plaintiff has failed to respond to the Motion to Dismiss, the Complaint could be dismissed under Rule 7.2(i)...
ORDER DAVID G. CAMPBELL , District Judge . The United States requests an order requiring Defendant to pay $1,000,000 in restitution to S.R., the maximum amount of restitution permitted under the plea agreement. Doc. 108. Defendant agrees that the Court should enter an order requiring a payment of restitution to S.R., and that such order may require restitution for illegal activity not charged in the plea agreement or in the superseding indictment. Doc. 113. Defendant disputes the inclusion...
ORDER JOHN Z. BOYLE , Magistrate Judge . Pending before the Court are Defendants' Request for Judicial Notice (Docs. 21-1, 28) and Motion for Judgment on the Pleadings (Docs. 21, 28). For the reasons below, the Court will grant Defendants' Request for Judicial Notice and deny their Motion for Judgment on the Pleadings. I. Background Plaintiff alleges that in February 2008, he purchased a vehicle from, and entered into a Retail Installment Sales Contract and Purchase Money Security...
ORDER DOUGLAS L. RAYES , District Judge . Pending before the Court are Petitioner Noel Velasco-Felix's Petition for Writ of Habeas Corpus and Magistrate Judge John Boyle's Report and Recommendation ("R&R"). (Docs. 1, 26.) The R&R recommends that the Court deny the Petition. (Doc. 26 at 18.) 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...
REPORT AND RECOMMENDATION JOHN Z. BOYLE , Magistrate Judge . TO THE HONORABLE DOUGLAS L. RAYES, UNITED STATES DISTRICT JUDGE: Petitioner Noel Velasco Felix has filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. (Doc. 1.) I. SUMMARY OF CONCLUSION Petitioner's complaint regarding the use of warrantless GPS tracking devices in 2005 and 2006 is meritless. Warrantless GPS tracking was authorized under then-existing Ninth Circuit precedent. The mandate of...
ORDER AND OPINION [Re: Motion at Docket 696] JOHN W. SEDWICK , Senior District Judge . At docket 696 Defendants filed a motion to compel Plaintiffs' depositions. Plaintiffs respond at docket 704. Defendants reply at docket 710. Oral argument was requested but would not be of additional assistance to the court. Defendants request that the court compel Plaintiffs Virginia Van Dusen, Joseph Sheer, Vickii Schwalm, Jose Motolinia, and Peter Wood to appear for deposition in Arizona in...
REPORT AND RECOMMENDATION BRUCE G. MacDONALD , Magistrate Judge . Currently pending before the Court is Defendant Francisco Alejandro Betancourt-Valenzuela's Motion to Dismiss the Indictment with Prejudice/Motion for Sanctions Based on Outrageous Governmental Conduct ("Motion to Dismiss") (Doc. 32). The Government filed its Response Re: Defendant's Motion to Dismiss Re: Outrageous Government Conduct ("Response") (Doc. 34), and Defendant filed his Reply (Doc. 38). Defendant is charged with...
ORDER G. MURRAY SNOW , District Judge . Pending before this Court is Plaintiff, ALC Holding, LLC's, motion to remand pursuant to 28 U.S.C. 1447(c). (Doc. 18.) For the foregoing reasons, the Court grants the motion and remands the matter back to the Apache County Superior Court. BACKGROUND This case arises out of a 2011 fire that damaged the facilities of a business in which Plaintiff allegedly holds a majority interest. (Doc. 1 at 4.) Defendant provided property insurance coverage for...
ORDER JAMES A. TEILBORG , District Judge . Pending before the Court is Defendants' motion for screening pursuant to 28 U.S.C. 1915(e) which includes an argument for why this Court should dismiss this case at the screening stage. Because the filing fee was paid before the Federal Court, and because Plaintiff is not in custody, this Court finds no basis to screen the complaint pursuant to 28 U.S.C. 1915(e). Accordingly, the motion will be denied. Defendants shall answer or otherwise...
NOT FOR PUBLICATION ORDER SUSAN R. BOLTON , District Judge . Petitioner filed his Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 on April 6, 2015. Petitioner "raises one ground for relief for violation of his Fifth, Sixth, and Fourteenth Amendment rights based on the trial court altering the plea agreement without the knowledge or agreement of Petitioner, prosecutorial misconduct, and denial of the effective assistance of counsel." (Report and Recommendation at p. 5)...
