REPORT AND RECOMMENDATION CANDY WAGAHOFF DALE , Magistrate Judge . On December 20, 2017, Defendant Josue Daniel Alfaro appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement. (Dkt. 21). The Defendant executed a waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the Indictment (Dkt. 11),...
REPORT AND RECOMMENDATION RONALD E. BUSH , Chief Magistrate Judge . On December 6, 2017, Defendant appeared before the undersigned United States Magistrate Judge to enter a change of plea. Defendant executed a written waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to Defendant the nature of the charges, the maximum penalties applicable, his constitutional rights, the effect of the Sentencing Guidelines, and...
REPORT AND RECOMMENDATION CANDY WAGAHOFF DALE , Magistrate Judge . On December 11, 2017, Defendant Carrie Lynn Johnson appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement (Dkt. 19). The Defendant executed a waiver of the right to have the presiding United States District Judge take her change of plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the Indictment (Dkt. 1), the...
REPORT AND RECOMMENDATION RONALD E. BUSH , Magistrate Judge . On December 18, 2017, Defendant appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement. Defendant executed a written waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to Defendant the nature of the charges, the maximum penalties applicable, his constitutional rights, the effect of...
REPORT AND RECOMMENDATION CANDY WAGAHOFF DALE , Magistrate Judge . On December 18, 2017, Defendant Daronte Jones appeared before the undersigned United States Magistrate Judge to enter a plea pursuant to a written plea agreement. The Defendant executed a waiver of the right to have the presiding United States District Judge take his plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the Indictment (Dkt. 1), the maximum penalties applicable, his...
MEMORANDUM DECISION AND ORDER CANDY W. DALE , Magistrate Judge . Pending before the Court is a Petition for Writ of Habeas Corpus filed by Idaho state prisoner Rob L. Mitchell ("Petitioner"), challenging Petitioner's Nez Perce County convictions for attempted murder and robbery. (Dkt. 2.) Respondent has filed a Motion for Summary Dismissal, arguing that Petitioner's claim is barred by the one-year statute of limitations and is noncognizable. (Dkt. 12.) The Motion is now ripe for...
ORDER ADOPTING REPORT AND RECOMMENDATION B. LYNN WINMILL , Chief District Judge . Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. (Dkt. 15). On December 6, 2017, Defendant Kristopher Converse appeared before the Magistrate Judge to enter a change of plea. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's plea of guilty to the charges contained in Count One of the Indictment (Dkt. 1), and that...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL , Chief District Judge . INTRODUCTION Before the Court are Plaintiff's renewed Motion for Appointment of Counsel (Dkt. 53), his Motion for Summary Judgment (Dkt. 55), and his Motion to Appear by Phone at the January 29, 2018 pretrial conference (Dkt. 57). Defendants, for their part, have file a Motion to Strike Plaintiff's Late Filed Motion for Summary Judgment (Dkt. 59). For the reasons explained below, the Court will grant defendants'...
REPORT AND RECOMMENDATION RONALD E. BUSH , Chief Magistrate Judge . On November 28, 2017, Defendant appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement. Defendant executed a written waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to Defendant the nature of the charges, the maximum penalties applicable, his constitutional rights, the...
REPORT AND RECOMMENDATION RONALD E. BUSH , Chief Magistrate Judge . On November 30, 2017, Defendant appeared before the undersigned United States Magistrate Judge to enter a change of plea as to each Count contained in the Indictment. Defendant executed a written waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to Defendant the nature of the charges, the maximum penalties applicable, his constitutional rights,...
MEMORANDUM DECISION AND ORDER RONALD E. BUSH , Chief Magistrate Judge . Pending is Petitioner Marjorie A. Sawyer's Petition for Review 1 (Dkt. 1), appealing the Social Security Administration's final decision finding her not disabled and denying her claims for disability insurance benefits and supplemental security income. 2 See generally Pet. for Review (Dkt. 1). This action is brought pursuant to 42 U.S.C. 405(g) and 1383(c)(3). Having carefully considered the record and otherwise...
REPORT AND RECOMMENDATION RONALD E. BUSH , Magistrate Judge . On November 28, 2017, Defendant appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement. Defendant executed a written waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to Defendant the nature of the charges, the maximum penalties applicable, his constitutional rights, the effect of...
MEMORANDUM DECISION AND ORDER CANDY W. DALE , Magistrate Judge . INTRODUCTION Currently pending before the Court is Nancy Buss's Petition for Review of the Respondent's denial of social security benefits, filed on January 31, 2017. (Dkt. 1.) The Court has reviewed the Petition for Review and the Answer, the parties' memoranda, and the administrative record (AR). For the reasons that follow, the Courtwill affirm the decision of the Commissioner. PROCEDURAL AND FACTUAL HISTORY Petitioner...
MEMORANDUM DECISION AND ORDER RONALD E. BUSH , Magistrate Judge . Pending before the Court is a Petition for Writ of Habeas Corpus filed by Idaho state prisoner Alesha Ann Green ("Petitioner"), challenging Petitioner's Ada County convictions on two counts of trafficking in methamphetamine. (Dkt. 3.) Respondent has filed a Motion for Summary Dismissal, arguing that Claim 3(c) is noncognizable and that Petitioner's remaining claims are procedurally defaulted. (Dkt. 14.) The Motion is now...
STATUS REPORT AND SUPPLEMENTAL CASE MANAGEMENT ORDER B. LYNN WINMILL , Chief District Judge . The Court held a status conference with the parties on December 22, 2017. Pursuant to the agreements reached therein, NOW THEREFORE IT IS HEREBY ORDERED that the following supplemental deadlines and procedures will govern this litigation: 1. Discovery related to authentication of documents shall remain open until thirty (30) days before trial in this matter, or such other time the parties may...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL , Chief District Judge . INTRODUCTION The Court has before it Plaintiff's Motion for Partial Summary Judgment (Dkt. 26), Defendants' Motion for Summary Judgment (Dkt. 27), and Defendants' Motion to Strike (Dkt. 30). The Court heard oral argument on September 21, 2017, and now issues the following decision. BACKGROUND Orin Duffin is a member of the Church of Jesus Christ of Latter Day Saints ("LDS Church"). In 2014-15, he played on the Idaho...
ORDER B. LYNN WINMILL , Chief District Judge . The Court has before it DPP's Motion for Court Determination of Settlement Fund Distribution to ACRS/Sysco Foods (Dkt. 935). DPPs ask the Court to enter an order determining whether and to what extent Sysco Foods headquarters, by and through third-party claims filer ACRS Group LLC, may participate in the distribution from the Settlement Fund established by the Settlement Agreement. Under paragraph 9 of the Court's Order finally approving the...
MEMORANDUM DECISION AND ORDER DAVID C. NYE , District Judge . I. OVERVIEW Pro se Plaintiff James Allen Floyd complains that he received inadequate medical care while housed in the Ada County Jail in violation of the Eighth Amendment (made applicable to the states through the Fourteenth Amendment). Defendants now move to dismiss this case for failure to state a claim upon which relief can be granted. Dkt. 13. For the reasons outlined below, the Court GRANTS the Motion to Dismiss. Also...
MEMORANDUM DECISION AND ORDER RONALD E. BUSH , Chief Magistrate Judge . Pending before this Court is Petitioner Betsy Monzella's Petition for Review (Docket No. 2), seeking review of the Social Security Administration's final decision to deny her claim for Social Security Disability Insurance Benefits. See generally Pet. for Review (Docket No. 2). This action is brought pursuant to 42 U.S.C. 405(g). Having carefully considered the record and otherwise being fully advised, the Court...
MEMORANDUM DECISION AND ORDER DAVID C. NYE , District Judge . I. OVERVIEW This employment discrimination case comes before the Court primarily on Defendant the City of Idaho Falls' ("the City") Motion for Summary Judgment. Dkt. 20. Also pending before the Court are two motions to strike. Dkts. 28, 29. Plaintiff Luis Augustine Vasquez claims the City unlawfully fired him from his position within the City's Department of Parks and Cemeteries because of (1) his race and (2) in retaliation...
