MEMORANDUM AND ORDER JULIE A. ROBINSON , District Judge . This matter is before the Court for review of the final decision of Defendant Commissioner of Social Security denying Plaintiff Tammy Lynn Peck's applications for a period of disability and disability insurance benefits under Title II of the Social Security Act, 1 and supplemental security income under Title XVI of the Social Security Act. 2 Because the Court finds that Defendant Commissioner's findings are supported by...
MEMORANDUM AND ORDER SAM A. CROW , Senior District Judge . This is an action reviewing the final decision of the Commissioner of Social Security denying the plaintiff disability insurance benefits. The matter has been fully briefed by the parties. I. General legal standards The court's standard of review is set forth in 42 U.S.C. 405(g), which provides that "the findings of the Commissioner as to any fact, if supported by substantial evidence, shall be conclusive." The court should...
MEMORANDUM AND ORDER JOHN W. LUNGSTRUM , District Judge . Plaintiff seeks review of a decision of the Acting Commissioner of Social Security (hereinafter Commissioner) denying Disability Insurance benefits (DIB) under sections 216(i) and 223 of the Social Security Act. 42 U.S.C. 416(i) and 423 (hereinafter the Act). Finding the Administrative Law Judge (ALJ) did not adequately explain his findings regarding deficits in Plaintiff's concentration, persistence, or pace resulting from his...
MEMORANDUM AND ORDER Sam A. Crow , U.S. District Senior Judge . This is an action reviewing the final decision of the Commissioner of Social Security denying the plaintiff disability insurance benefits and supplemental security income payments. The matter has been fully briefed by the parties. I. General legal standards The court's standard of review is set forth in 42 U.S.C. 405(g), which provides that "the findings of the Commissioner as to any fact, if supported by substantial...
ORDER SAM A. CROW , Senior District Judge . This matter is before the Court on the motion of the Kansas Department of Corrections for an extension of time to prepare the Martinez report ordered in this matter. For good cause shown, the Court grants the motion. IT IS, THEREFORE, BY THE COURT ORDERED the motion for extension of time (Doc. #15) is granted and the time for preparing the investigative report is extended to and including January 17, 2017. IT IS SO ORDERED.
MEMORANDUM AND ORDER J. THOMAS MARTEN , JUDGE . Plaintiff Doug Boedicker brings this action alleging that a debt collection letter sent by Midland Credit Management was false and deceptive under the Fair Debt Collections Practices Act (FDCPA) because the letter did not warn him that payment on the debt could have the effect of renewing the governing statute of limitations period under Kansas law. Both parties have moved for summary judgment. For the reasons provided herein, the court will...
MEMORANDUM AND ORDER JOHN W. LUNGSTRUM , District Judge . Plaintiff National Credit Union Administration Board brings these related suits as conservator and liquidating agent of credit unions. The suits relate to a number of offerings involving different residential mortgage-backed securities ("RMBS" or "certificates") purchased by the credit unions. Plaintiff asserts claims under federal and state law against sellers, underwriters, and issuers for the certificates, based on alleged...
MEMORANDUM AND ORDER J. THOMAS MARTEN , District Judge . Plaintiff Tyler Kimzey is a former employee of Diversified Services, Inc. (DSI). All individuals who are staffed with DSI are employees of Syndeo, Inc., and DSI's parent company is Metal Finishing Corporation (MFC). Kimzey has sued DSI, Syndeo, MFC, and his former supervisor, Dale Crouch, for violating his rights under the Family and Medical Leave Act (FMLA). The defendants have moved for summary judgment on two of those claims:...
MEMORANDUM AND ORDER DANIEL D. CRABTREE , District Judge . This matter comes before the court on pro se 1 defendant David G. Pflum's "Notice of Motion and Motion to Stay Mandate and Proceedings Pending Declaration and Final Resolution of the State of Kansas' Declaratory and Injunction on Quiet Title, Citizenship/Domicile/Tax Status of Cross-Plaintiff in Kansas State Case No. 16-CV-76 and Pending Discovery of Documents Requested Under the FOIA and Final Resolution of Challenge to...
MEMORANDUM AND ORDER DANIEL D. CRABTREE , District Judge . This matter comes before the court on defendant Thomas Guy Caraway's Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255. Doc. 133. The government has filed a Motion to Dismiss Mr. Caraway's Motion under 2255. Doc. 139. For reasons explained below, the court denies Mr. Caraway's motion and grants the government's motion. I. Factual Background On April 20, 2007, a jury convicted Mr. Caraway on two charges: (...
MEMORANDUM AND ORDER CARLOS MURGUIA , District Judge . Plaintiff Betty Jo Smothers filed this action under the Fair Debt Collection Practices Act (the "FDCPA"), 15 U.S.C. 1692 et seq., alleging that defendant Midland Credit Management, Inc. violated the FDCPA by sending a single debt collection letter to plaintiff that included false, deceptive, and misleading representations. This matter is before the court on two motions that will effectively resolve the case: defendant's motion for...
MEMORANDUM AND ORDER J. THOMAS MARTEN , District Judge . This action arises from an October 30, 2015 automobile accident in Hiawatha, Kansas, when defendant Ashley Sens backed her car out of a parking stall and struck a car, driven by plaintiff Kerstain Shughart, stopped in traffic behind her. Shughart subsequently commenced this action for personal injury, and the defendant has moved to dismiss the action contending that the amount in controversy cannot possibly reach the amount required...
MEMORANDUM AND ORDER J. THOMAS MARTEN , District Judge . The possession of cannabis is illegal in Kansas. K.S.A. 65-4105(h)(1). The pro se Complaint filed by Shona Banda alleges that, during a 2015 school presentation in Garden City, Kansas about the effects of marijuana, her minor child told school employee Tyler Stubenhoffer that Banda and other adults in the residence, were "avid drug users and there was a lot of drug use occurring in his residence." (Dkt. 20, at 3). According to Banda,...
MEMORANDUM AND ORDER JOHN W. LUNGSTRUM , District Judge . This matter is a pro se petition for writ of habeas corpus filed under 28 U.S.C. 2241. Petitioner challenges his parole revocation and loss of confinement credit ("street time") for the period of time he was released on parole. The Court issued an Order to Show Cause and Respondent filed an Answer and Return (Doc. 7) ("A&R"). Petitioner failed to file a Traverse within the allowed time, and the matter is ready for resolution....
MEMORANDUM AND ORDER DENYING HABEAS PETITION J. THOMAS MARTEN , Chief District Judge . This matter comes before the court on Benjamin Appleby's petition for writ of habeas corpus filed pursuant to 28 U.S.C. 2254 (Dkt. 1), Respondents' Answer and Return (Dkt. 16), and the relevant state court records (Dkt. 17). Appleby, through counsel, alleges numerous grounds for relief, including ineffective assistance of counsel, evidentiary errors, a jury instruction error, and a sentencing error....
MEMORANDUM AND ORDER J. THOMAS MARTEN , District Judge . This matter is before the court on multiple motions submitted by defendant Leslie Lyle Camick, who was found guilty of obstruction of justice, sentenced to 364 days of imprisonment, and one year of supervised release. Camick seeks to vacate his conviction on various grounds. 1 For the reason provided herein, the court hereby denies the motion to vacate. The government argues that the present challenge is effectively moot, because...
MEMORANDUM AND ORDER J. THOMAS MARTEN , District Judge . Defendant Philip Andra Grigsby has moved for recusal of the undersigned pursuant to 28 U.S.C. 455(a). Grigsby cites four facts in support of his motion. First, he complains that the court permitted the garnishment of his retirement plan, even though "The question of garnishing retirement plans have [sic] been denied throughout all the circuits including the Tenth Circuit." (Dkt. 242 at 1-2). Second, he complains that the court has "...
MEMORANDUM & ORDER CARLOS MURGUIA , District Judge . This case is before the court on defendant Gustav Wilhelm Brune's Motion to Vacate Under 28 U.S.C. 2255 (Doc. 109) and Motion for Temporary Injunction (Doc. 116). Defendant raises three issues in his motion to vacate: (1) whether the Sex Offender Registration and Notification Act ("SORNA") is constitutional as applied to him; (2) whether the Assistant United States Attorney engaged in prosecutorial misconduct; and (3) whether...
MEMORANDUM & ORDER CARLOS MURGUIA , District Judge . Pro se plaintiff Ronald E. Davis has brought this case alleging he was wrongfully taxed $719.87 by the State of California. After the tax was deducted from his Bank of America bank account, plaintiff filed this suit alleging violations of numerous federal and state statutes. Specifically, plaintiff lists his cause of action as one under 28 U.S.C. 1343, which grants the federal district courts jurisdiction to hear civil rights cases....
MEMORANDUM AND ORDER ERIC F. MELGREN , District Judge . In 2010, Petitioner Jonathan Nelson was convicted of one count of sexual exploitation of a child in violation of K.S.A. 21-3516(a)(2) because he possessed sexually explicit images of children. He was sentenced to 32 months' incarceration, and is now subject to post-release supervision. Nelson petitions this Court to issue a writ of habeas corpus under 28 U.S.C. 2254 (Doc. 1). He argues that K.S.A. 21-3516(a)(2) is...
