ORDER PHILIP A. BRIMMER , District Judge . This matter comes before the Court on defendant Laura Lynn Jaramillo's Motion for Revocation or Amendment of New Mexico Magistrate Judge's Order of Detention [Docket No. 117] of Magistrate Judge Kevin R. Sweazea's Order of Detention Pending Trial [Docket No. 70 at 24], entered on October 23, 2018 in the District of New Mexico, where the defendant was arrested pursuant to a District of Colorado arrest warrant. The United States has filed a response...
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE KRISTEN L. MIX , Magistrate Judge . This matter is before the Court on Plaintiff's Motion for an Administrative Stay Toward a Settlement Between the Parties [#40] 1 (the "Motion"). Plaintiff, who proceeds pro se 2 as an inmate at the San Carlos Correctional Facility, filed the Motion [#40] on October 15, 2018. Defendant's deadline to respond to the Motion [#40] has elapsed and no response has been filed. See D.C.COLO.LCivR 7.1(d). As a...
ORDER KRISTEN L. MIX , Magistrate Judge . This matter is before the Court on Defendants' Motion to Dismiss [#7] 1 (the "Motion"). 2 Plaintiff, who proceeds as a pro se litigant, 3 filed a Response [#9] in opposition to the Motion, 4 and Defendants filed a Reply [#12]. The Court has reviewed the Motion, the Response, the Reply, the entire case file, and the applicable law, and is sufficiently advised in the premises. Based on the following, the Motion [#7] is GRANTED. I. Background...
ORDER REGARDING PLAINTIFFS' MOTIONS FOR DEFAULT JUDGMENT (AFFILIATION AGREEMENT MOTION (ECF #223)) & (APCO DOCUMENTS MOTION (ECF#282)) GORDON P. GALLAGHER , Magistrate Judge . This matter comes before the Court on a significant number of pleadings which are appropriate for joint treatment: Plaintiffs' motion for sanctions and a default judgment against certain Marriott Defendants (Affiliation Agreement motion) (ECF #223) 1 (which was referred to this Magistrate Judge (ECF #233)), 2...
ORDER DENYING 2255 MOTION PHILIP A. BRIMMER , District Judge . Movant, Karlien Richel Winberg, has filed, pro se, a Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. 2255 (" 2255 motion") (Docket No. 222). The United States has responded to the 2255 motion. Docket No. 225. Ms. Winberg filed a reply. Docket No. 226. The Court construes Ms. Winberg's filings liberally because she is not represented by counsel. See Haines v. Kerner, 404 U.S. 519 , 520-21 (...
ORDER DENYING 2255 MOTION PHILIP A. BRIMMER , District Judge . Movant, Donald Brian Winberg, has filed, pro se, an amended Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. 2255 (" 2255 motion") (Docket No. 216). The United States has responded to the motion. Docket No. 220. Mr. Winberg filed a reply [Docket No. 221] and a memorandum of law [Docket No. 228]. The Court construes Mr. Winberg's filings liberally because he is not represented by counsel. See...
ORDER VACATING DECISION OF SOCIAL SECURITY APPEALS COUNCIL WILLIAM J. MARTINEZ , District Judge . This is a Social Security benefits appeal brought under 42 U.S.C. 405(g). Plaintiff Ngoc Kim Tran ("Tran") challenges the final decision of Defendant, the Social Security Administration ("Administration"), denying his application for supplemental security income. The denial was affirmed by an administrative law judge ("ALJ"), who ruled that Tran was not disabled within the meaning of the...
ORDER ADOPTING MAGISTRATE JUDGE'S MAY 15, 2018 RECOMMENDATION AND DENYING APPLICATION FOR WRIT OF HABEAS CORPUS WILLIAM J. MARTINEZ , District Judge . Brooks Terrell ("Terrell") is a prisoner in the custody of the United States Bureau of Prisons, and is currently housed in the "ADMAX" or "ADX" unit at United States Penitentiary-Florence. He brings a habeas action under 28 U.S.C. 2241 based on a prison disciplinary process that allegedly violated his procedural due process rights. ( See...
ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION PHILIP A. BRIMMER , District Judge . This matter is before the Court on the Recommendation of United States Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. See 28 U.S.C. 636(b)(1)(C). The Recommendation was served on December 5, 2018. No party has objected to the Recommendation. In the absence of an objection, the district court may review a magistrate...
ORDER DENYING PLAINTIFF'S NOVEMBER 19, 2018 MOTION FOR RECONSIDERATION WILLIAM J. MART NEZ , District Judge . This matter is before the Court on Plaintiff's November 19, 2018 Motion for Reconsideration ("Motion" or "Motion for Reconsideration"; ECF No. 297.) Plaintiff asks the Court to reconsider its order (ECF No. 289) denying Plaintiff's previous motion for reconsideration (ECF No. 288). For the reasons set forth below, Plaintiff's Motion is denied. I. FACTUAL AND PROCEDURAL HISTORY...
ORDER APPOINTING SPECIAL MASTER NINA Y. WANG , Magistrate Judge . This matter comes before the court on Plaintiff Center for Legal Advocacy d/b/a Disability Law Colorado's ("DLC" or "Plaintiff") Motion for Appointment of Special Master (or "Motion") [#117] and the Order on Motion for Appointment of Special Master [#123]. On December 18, 2018, the undersigned granted the Plaintiff's Motion for Appointment of Special Master and advised the Parties that a separate, written Order appointing...
ORDER KATHLEEN M. TAFOYA , Magistrate Judge . This matter is before the court on "Defendant Empirical Labs' Motion In Limine to Exclude Evidence of Undisclosed Damages" [Doc. No. 381] ("MUD") filed May 26, 2018 and on "Defendant Empirical Labs' Motion In Limine to Exclude Undisclosed Expert Opinion Testimony" [Doc. No. 411] filed October 26, 2018. Both motions are fully briefed and trial is scheduled to begin on January 7, 2019. Pursuant to the court's directive, Empirical Labs, the...
DEFAULT AND FINAL ORDER OF FORFEITURE PHILIP A. BRIMMER , District Judge . This matter comes before the Court on the United States' Motion for Default and Final Order of Forfeiture [Docket No. 14] as to defendants: a. Rock Island Armory Inc. 1911A1 Pistol, s/n: RIA1857028; b. Bushmaster Firearms XM15-E2S Rifle, Cal: 223, s/n: BFI628611; c. DPMS Inc. Panther LR-308 Rifle, Cal: 308, s/n: FFK047701; d. 9 Rounds Assorted Ammunition Cal: 38; e. 10 Rounds Assorted Ammunition, Cal: 308; f....
ORDER ADOPTING THE NOVEMBER 26, 2018 RECOMMENDATION BY UNITED STATES MAGISTRATE JUDGE CHRISTINE M. ARGUELLO , District Judge . This matter is before the Court upon the November 26, 2018 Recommendation by United States Magistrate Judge Reid Neureiter that this Court grant Defendants' Motion to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) (Doc. # 37). (Doc. # 51.) Plaintiff Maria Blea objects to Magistrate Judge Neureiter's Recommendation on several grounds, only one of which concerns the...
REPORT AND RECOMMENDATION ON DEFENDANTS' MOTIONS TO DISMISS PLAINTIFF'S COMPLAINT (DKT. ##17, 20, & 21) N. REID NEUREITER , Magistrate Judge . Now before the Court are Defendants Jessica Richey, Chris Downard, and Granicus, LLC's ("Granicus," and collectively "Defendants") Motions to Dismiss Plaintiff's Complaint. (Dkt. ##17, 20, & 21.) Plaintiff Tiffany Grays filed a Response to the Motions on November 27, 2018, (Dkt. #25), to which Defendants filed a Reply. (Dkt. #26.) On December 14,...
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE NINA Y. WANG , Magistrate Judge . This civil action comes before the court on Plaintiff Phillip Nelson's ("Plaintiff" or "Mr. Nelson") Motion for Approval of Hoffman-LaRoche [sic] Notice ("the Motion" or "Motion for Conditional Certification") [#18, filed July 30, 2018]. The Motion is before the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b), the Order Referring Case dated July 16, 2018 [#16], and the Memorandum dated...
ORDER to REMAND R. BROOKE JACKSON , District Judge . This case was originally filed in the District Court of Archuleta County, Colorado (Case No. 2018CV30022). Defendant Ryan Wallace removed the case to this Court based on diversity jurisdiction pursuant to 28 U.S.C. 1332(a). ECF No. 1. The case is before the Court on plaintiffs' motion to remand. ECF No. 18. For the reasons stated herein, the motion to remand is GRANTED. BACKGROUND Plaintiffs, Colorado citizens, filed an action in...
ORDER OF DISMISSAL PHILIP A. BRIMMER , District Judge . Before the Court is Respondents' Motion to Dismiss for Lack of Jurisdiction [Docket No. 12]. For the reasons set forth below, the Court grants the Motion, denies the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 [Docket No. 1] as moot, and dismisses this action without prejudice for lack of jurisdiction. I. BACKGROUND On May 14, 2018, Applicant Dat Tan Nguyen filed pro se an Application for a Writ of Habeas...
ORDER Magistrate Judge Scott T. Varholak . This matter comes before the Court on a Motion to Dismiss (the "Motion"), filed by Defendants Marcie Chekush, Scott Willard, and Larry Turner 1 on August 8, 2018. [# 25] The parties have consented to proceed before the undersigned United States Magistrate Judge for all proceedings, including entry of a final judgment. [## 31, 32] This Court has carefully considered the Motion and related briefing, the entire case file and the applicable case...
ORDER LEWIS T. BABCOCK , District Judge . Plaintiff Scott Tyler Jones appeals from the Social Security Administration ("SSA") Commissioner's final decision denying his application for disability insurance benefits, filed pursuant to Title II of the Social Security Act, 42 U.S.C. 401-433. Jurisdiction is proper under 42 U.S.C. 405(g). Oral argument would not materially assist me in the determination of this appeal. After consideration of the parties' briefs, as well as the...
