REPORT AND RECOMMENDATION MICHELLE H. BURNS , Magistrate Judge . TO THE HONORABLE DAVID G. CAMPBELL, UNITED STATES DISTRICT COURT: On December 19, 2017, Petitioner Jason T. Howe, who is confined in the Arizona State Prison Complex, filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 (Doc. 1). Respondents filed an Answer (Doc. 12), and Petitioner has not filed a reply. BACKGROUND Pursuant to a plea agreement, on March 25, 2015, Petitioner was convicted in...
ORDER DAVID G. CAMPBELL , Senior District Judge . The Court will grant Defendant's request for a 30-day extension of its answer deadline and its MIDP response deadline. The Court concludes that this extension is warranted in light of Defendant's pending motion to transfer this case to the Northern District of California. Defendant's answer date will be extended to January 10, 2019. Defendant's MIDP response date will be extended to February 8, 2019. In light of this ruling, the Court...
ORDER LESLIE A. BOWMAN , Magistrate Judge . The defendant appeared in court with counsel. The defendant's probable cause hearing was waived and the detention hearing was submitted on the record. The Court finds probable cause to believe the defendant violated the terms of his supervised release as alleged in the petition. The Court further finds, pursuant to Rule 32.1(a)(6), that defendant has failed to show by clear and convincing evidence that he is not a flight risk or a danger. IT IS...
ORDER BRUCE G. MacDONALD , Magistrate Judge . Currently pending before the Court is Counsel for Plaintiff's Motion for Award Attorney Fees Under the Equal Access to Justice Act, 26 U.S.C. 2412(d) (Doc. 25). Defendant does not object to the fees requested. See Def.'s Response to Pl.'s Mot. for Attorney Fees (Doc. 26). IT IS HEREBY ORDERED that Plaintiff be awarded attorney's fees of $2,549.91 pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d). EAJA fees awarded...
ORDER BERNARDO P. VELASCO , Magistrate Judge . Currently pending before the Court is Defendants Natalie Hoffman, Oona Holcomb, Madeline Huse, and Zaachila Orozco-McCormick's (collectively "Defendants") Motion to Dismiss Count II and Count III Based on Due Process & Renewed Motion to Compel (Docs. 69 and 82); Motion to Dismiss Count III Under the Doctrine of Entrapment by Estoppel and Renewed Motion to Compel (Doc. 70); Motion to Dismiss for Selective Enforcement, or Alternatively, for...
REPORT AND RECOMMENDATION BERNARDO P. VELASCO , Magistrate Judge . Petitioner Michael Strausbaugh, who is currently incarcerated at the United States Penitentiary-Tucson, filed a Petition Under 28 U.S.C. 2241 for a Writ of Habeas Corpus by a Person in Federal Custody. (Doc. 1.) Respondent filed a Return and Answer to the 2241 Petition (Doc. 11), and Petitioner a Reply (Doc. 25). Both parties briefed the standard for evaluating regulatory restrictions on outgoing mail. (Docs. 29, 37.)...
ORDER DOMINIC W. LANZA , District Judge . Kimberly Driesen ("Driesen") alleges that she received a voicemail on February 27, 2018 at 10:12 a.m. that provided as follows: "We have an important message from RSI Enterprises. This call is from a debt collector. Call 602-627-2301. Thank you." (Doc. 1 21-22.) In this lawsuit, Driesen asserts a claim against RSI under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692 et seq. Specifically, Driesen alleges that RSI "violated...
ORDER SUSAN M. BRNOVICH , District Judge . Pending before the Court is Defendant Bank of America, N.A.'s Motion To Dismiss Plaintiff's Amended Complaint Pursuant to Fed. R. Civ. P. 4, 12(b)(4), And/Or 12(b)(5) or, Alternatively, To Quash Service of Summons. (Doc. 20). BACKGROUND On November 6, 2017, Plaintiff filed a Complaint against multiple defendants, including Bank of America, N.A. ("BANA"). That complaint was dismissed and an Amended Complaint ("FAC") was filed on January 26, 2018...
ORDER DEBORAH M. FINE , Magistrate Judge . Kenya Rogers appeals the Commissioner of the Social Security Administration's decision to adopt the Administrative Law Judge's (ALJ) ruling denying her claim for disability insurance benefits under Title II of the Social Security Act. This Court has jurisdiction pursuant to 42 U.S.C. 405(g) and, with the parties' consent to Magistrate Judge jurisdiction, pursuant to 28 U.S.C. 636(c). The Commissioner agrees that the ALJ's decision was not...
ORDER Honorable Roslyn O. Silver , Senior United States District Judge Plaintiffs are a group of approximately 10,000 truck drivers who worked as "trainee drivers" for Defendant Swift Transportation Co. of Arizona, LLC. Plaintiffs were not paid for attending the first day of a mandatory three-day orientation nor were they paid for many hours during a behind-the-wheel training period. Swift seeks summary judgment that Plaintiffs were not entitled to pay for the first day of orientation....
ORDER BRUCE G. MACDONALD , Magistrate Judge . Currently pending before the Court is the Government's Motion for Court Order to Prevent Pima County Medical Examiner's Office from Releasing Documents (Doc. 23). The Government seeks an Order preventing Dr. Kevin M. Lougee, or any member of the Pima County Medical Examiner's Office, from releasing any documents to include release of the official autopsy reports of the decedent in this case for a period of 180 days. See id. The motion is...
ORDER BERNARDO P. VELASCO , Magistrate Judge . Currently pending before the Court is Defendant Scott Daniel Warren's Motion to Dismiss Charges Pursuant to the Religious Freedom Restoration Act (Doc. 58); Motion to Dismiss Charges for Violation of International Law (Doc. 59); and Motion for Discovery into Selective Enforcement (Docs. 47 & 60). The Government has responded to each motion, and Defendant replied. Govt.'s Response to Def.'s Mot. to Dismiss Charges Pursuant to the Religious...
ORDER BERNARDO P. VELASCO , Magistrate Judge . Currently pending before the Court is Defendants Caitlin Persis Deighan, Zoe E. Anderson, Logan Thomas Hollarsmith, and Rebecca Katie Grossman-Richeimer's (collectively "Defendants") Motion to Dismiss Counts 1 & 2 Based on Necessity and the Emergency Exception to 50 C.F.R. 35.5 (Doc. 78); Motion to Dismiss Charges for Violation of International Law (Doc. 79); Motion to Dismiss Count II Based on Due Process & Renewed Motion to Compel (Docs....
ORDER DEBORAH M. FINE , Magistrate Judge . Pending before the Court is Plaintiff's motion to amend his complaint; the proposed First Amended Complaint is lodged with the Court (Docs. 33, 34). Because the motion was untimely filed without good cause, the Court will deny his motion. On June 19, 2018, the Court issued its Scheduling and Discovery Order in this matter which, among other thing, set the dispositive motion deadline at November 17, 2018 (Doc. 12). On July 3, 2018, the Court...
ORDER JAMES A. TEILBORG , Senior District Judge . Pending before the Court is Defendant Omron Corporation's Motion to Strike Plaintiff's Rule 12(c) Motion for Judgment on the Pleadings ("Motion to Strike," Doc. 72). Without deciding whether Plaintiff IceMOS Technology Corporation technically complied with all of the requirements of Local Rule 12.1(c) in filing its Rule 12(c) Motion for Judgment on the Pleadings ("Rule 12(c) Motion," Doc. 69), the Court deems Plaintiff to have substantially...
ORDER JENNIFER G. ZIPPS , District Judge . The pending motion to suppress (Doc. 41) challenges a pretextual traffic stop of Defendant Hector Medina-Rosas by Pima County Sheriff's Deputy Carlos Ruiz. Deputy Ruiz testified that on September 20, 2017, he was working as part of the Border Interdiction Unit. The primary purpose of this unit is to cooperate with federal agencies to stop vehicles that are believed to be involved in drug and weapons trafficking. Agent Ruiz testified that he was...
ORDER ROSLYN O. SILVER , Senior District Judge . On May 11, 2018, Magistrate Judge Deborah M. Fine issued a Report and Recommendation ("R&R") recommending the petition for writ of habeas corpus be denied as untimely. (Doc. 19). Someone claiming to be Petitioner then filed a motion for extension of time to file objections. (Doc. 20). The Court granted that request and directed Petitioner to file his objections by June 29, 2018. (Doc. 21). On June 25, someone claiming to be Petitioner filed...
ORDER RANER C. COLLINS , District Judge . The Court has reviewed the Reports and Recommendation filed by Magistrate Judge Velasco (Doc. 110) and (Doc. 134), the objections filed thereto and response filed on behalf of the Government. IT IS ORDERED the Court adopts the recommendations of the Magistrate Judge and DENIES the Motion to Suppress (Doc. 53), and DENIES the Motion to Dismiss Indictment for Violation of International Law (Doc. 115).
ORDER Eric J. Markovich , United States Magistrate Judge . Plaintiff Margaret Rose Gonzales brought this action pursuant to 42 U.S.C. 405(g) seeking judicial review of a final decision by the Commissioner of Social Security ("Commissioner"). Plaintiff raises three issues on appeal: 1) the Administrative Law Judge ("ALJ") erred by rejecting a treating physician opinion and instead assigning substantial weight to the state agency physician opinions; 2) the ALJ failed to provide clear and...
ORDER RANER C. COLLINS , District Judge . The Court having made a de novo review of the Reports and Recommendation filed by Magistrate Judge Bowman (Docs. 105 and 109), IT IS ORDERED the Court adopts the recommendations of the Magistrate Judge and DENIES the Motion to Suppress Evidence re: Constitutionality of Border Patrol Checkpoint (Doc. 50) and Motion to Suppress Evidence (Doc. 51).
