REPORT AND RECOMMENDATION JON STUART SCOLES , Chief Magistrate Judge . I. INTRODUCTION This matter comes before the Court on the Complaint (docket number 3) filed by Plaintiff Jeffrey W. Guenther on March 21, 2016, requesting judicial review of the Social Security Commissioner's decision to deny his applications for Title II disability insurance benefits and Title XVI supplemental security income ("SSI") benefits. Guenther asks the Court to reverse the decision of the Social Security...
ORDER EDWARD J. McMANUS , District Judge . Before the court is the resisted Report and Recommendation (R&R) of the Chief Magistrate Judge (CMJ) finding in favor of plaintiff that defendant Levi Frost violated plaintiff's civil rights and recommending judgment of $500, filed December 9, 2016. R&R accepted, as amended. Plaintiff, who was incarcerated at the Black Hawk County Jail (Jail), sought redress for the alleged deprivation of his constitutional rights while at the Jail under 42 U.S.C....
REPORT AND RECOMMENDATION JON STUART SCOLES , Chief Magistrate Judge . On the 26th day of September 2016, this matter came on for an evidentiary hearing at the Newton Correctional Facility in Newton, Iowa. Plaintiff James Robert Ernst, II, appeared in person and was unrepresented by counsel. All six individual Defendants appeared in person and were represented by their attorney, John T. McCoy. I. PROCEDURAL HISTORY On January 13, 2016, Plaintiff James Robert Ernst, II, filed an...
ORDER FOR ATTORNEY FEES JON STUART SCOLES , Chief Magistrate Judge . This matter comes before the Court on the Application for Attorney's Fees and Expenses (docket number 69-1) filed by the Plaintiff on November 17, 2016, the Resistance (docket number 71) filed by Defendant Bruce Payne on December 5, and the Reply (docket number 72) filed by the Plaintiff on December 12. 1 Pursuant to Local Rule 7.c, the application will be decided without oral argument. I. BACKGROUND On July 16, 2015,...
ORDER DENYING MOTION FOR NEW TRIAL JON STUART SCOLES , Chief Magistrate Judge . This matter comes before the Court on the Motion for New Trial on Damages Against Defendant Payne Only (docket number 70) filed by the Plaintiff on November 29, 2016, and the Resistance (docket number 73) filed by Defendant Bruce Payne on December 13. Pursuant to Local Rule 7.c, the motion will be decided without oral argument. I. BACKGROUND On January 29, 2014, Defendants Grant Rasmussen and Bruce Payne,...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY C.J. WILLIAMS , Magistrate Judge . On December 22, 2016, the above-named defendant, Eric Allen Schultz, by consent (Doc. 76), appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to Count 1 of the Indictment (5). After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Rule 11, the court determined that the...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY C.J. WILLIAMS , Magistrate Judge . On December 20, 2016, the above-named defendant, Dominic Aaron Taylor Duke, by consent (Doc. 19), appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to Count 1 of the Indictment (Doc. 2). After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Rule 11, the court...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY JON STUART SCOLES , Chief Magistrate Judge . On the 13th day of December 2016, the defendant, by consent, appeared before the court pursuant to FED. R. CRIM. P. 11, and entered a plea of guilty to Count 7 of the Superseding Indictment. After cautioning and examining the defendant under oath concerning each of the subjects mentioned in FED. R. CRIM. P. 11, the court determined that the guilty plea was knowing and voluntary, and that the...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY C.J. WILLIAMS , Magistrate Judge . On December 28, 2016, the above-named defendant, Alfredo Morales, by consent (Doc. 108), appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to Count One of the Superseding Indictment (Doc. 49). After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Rule 11, the court...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY C.J. WILLIAMS , Magistrate Judge . On December 28, 2016, the above-named defendant Alejandro Hernandez, by consent (Doc. 112), appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to Count One of the Superseding Indictment (Doc. 49). After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Rule 11, the...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY C.J. WILLIAMS , Magistrate Judge . On December 28, 2016, the above-named defendant Jose Alberto Ramos-Ramos, by consent (Doc. 14), appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered pleas of guilty to Counts One and Two of the Indictment (Doc. 2). After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Rule 11, the court...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY C.J. WILLIAMS , Magistrate Judge . On December 22, 2016, the above-named defendant, Jose Cala-Barranco, by consent (Doc. 14), appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to Count 1 of the Indictment (Doc. 2). After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Rule 11, the court determined...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY C.J. WILLIAMS , Magistrate Judge . On December 22, 2016, the above-named defendant, Guillermo Alvarado-Mendez, by consent (Doc. 4), appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to Count 1 of the Information (Doc. 2). After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Rule 11, the court...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY C.J. WILLIAMS , Magistrate Judge . On December 21, 2016, the above-named defendant, Catalino Tomas-Chavez, by consent (Doc. 11), appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered pleas of guilty to Counts 1, 2, and 3 of the Indictment (Doc. 2). After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Rule 11, the court...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY C.J. WILLIAMS , Magistrate Judge . On December 28, 2016, the above-named defendant Edward Behrens, by consent (Doc. 220), appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to Count One of the Superseding Indictment (Doc. 122). After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Rule 11, the court...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY C.J. WILLIAMS , District Judge . On December 21, 2016, the above-named defendant, John Husemann, by consent (Doc. 216), appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to Count 1 of the Superseding Indictment (Doc. 122). After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Rule 11, the court...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY C.J. WILLIAMS , District Judge . On December 21, 2016, the above-named defendant, Jacob Burton, by consent (Doc. 211), appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to Count 1 of the Superseding Indictment (Doc. 122). After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Rule 11, the court...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY C.J. WILLIAMS , Magistrate Judge . On December 21, 2016, the above-named defendant, Ryan Marshall Thomas Streets, by consent (Doc. 34), appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to Count 3 of the Indictment (Doc. 3). After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Rule 11, the court...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY C.J. WILLIAMS , District Judge . On December 22, 2016, the above-named defendant, Michael Bordman, by consent (Doc. 30), appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered pleas of guilty to Counts 1 and 4 of the Superseding Indictment (Doc. 18). After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Rule 11, the court...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY JON STUART SCOLES , Chief Magistrate Judge . On the 6th day of December 2016, the defendant, by consent, appeared before the court pursuant to FED. R. CRIM. P. 11, and entered a plea of guilty to Count 1 of the Indictment. After cautioning and examining the defendant under oath concerning each of the subjects mentioned in FED. R. CRIM. P. 11, the court determined that the guilty plea was knowing and voluntary, and that the offense charged...
