FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDER FOR JUDGMENT, AND JUDGMENT DAVID S. DOTY , District Judge . The above-entitled matter came on for hearing on December 4, 2015 on Plaintiff's motion for default judgment. John F. Nielsen appeared on behalf of Plaintiff. No other appearances were made. Based upon the entire record, file, and proceedings herein, the Court makes the following: FINDINGS OF FACT 1. This action involves, affects, or brings into question real property situated in the...
REPORT AND RECOMMENDATION BECKY R. THORSON , Magistrate Judge . Anthony Steven Hill, a state prisoner housed at the Minnesota Correctional Facility in Faribault, has filed a pro se civil rights complaint under 42 U.S.C. 1983, alleging that he was denied adequate medical care for his cervical dystonia in violation of his Eighth Amendment rights. (Doc. No. 1, Compl. 22-30.) Hill seeks a declaration that the actions of Defendants Minnesota Department of Corrections, Corizon LLC, Dr....
REPORT AND RECOMMENDATION JEFFREY J. KEYES , Magistrate Judge . When Petitioner Melvin Wing filed this habeas case pursuant to 28 U.S.C. 2241 (Doc. No. 1, Pet.), 1 he was confined to the United States Federal Medical Center in Springfield, Missouri ("FMC-Springfield"), subject to an Order for civil commitment that was entered in this district pursuant to 18 U.S.C. 4246. See United States v. Wing, No. Civ. 13-151 (JNE/JJK), Doc. No. 20 (D. Minn. May 15, 2013) (Order granting petition...
REPORT AND RECOMMENDATION FRANKLIN L. NOEL , Magistrate Judge . This matter came before the undersigned United States Magistrate Judge on Plaintiff's motion for summary judgment (ECF Nos. 123 and 124) 1 and the Court's November 2, 2015 Order to show cause (ECF No. 127). This matter was referred to the undersigned for a Report and Recommendation pursuant to 28 U.S.C. 636. Order, ECF No. 14. For the reasons set forth below, the Court recommends that Plaintiff's motion be DENIED and that...
REPORT AND RECOMMENDATION BECKY R. THORSON , Magistrate Judge . Matthew Thomas Lester ("Lester") has filed a Complaint against Minnesota Life Insurance Company ("MLIC"), asserting breach of contract and other claims against MLIC regarding the life insurance policy issued by MLIC and held by Plaintiff's father at the time of his death. (Doc. No. 1, Compl.) 1 MLIC has moved for dismissal, asserting that Plaintiff's Complaint is barred on res judicata grounds and does not state a cognizable...
REPORT AND RECOMMENDATION JANIE S. MAYERON , Magistrate Judge . This matter came before the Court upon defendants' Motion to Dismiss [Docket No. 41]. The matter has been referred to the undersigned United States Magistrate Judge for a Report and Recommendation pursuant to 28 U.S.C. 636 and Local Rule 72.1. I. FACTUAL BACKGROUND On December 4, 2015, defendants Paul Ernest Sellors, Daniel Hubbard and Margaret Hubbard moved this Court to dismiss the instant suit filed against them on the...
REPORT & RECOMMENDATION TONY N. LEUNG , Magistrate Judge . This matter comes before the Court, United States Magistrate Judge Tony N. Leung, on the following motions: 1. Defendant's pro se Motion to Permit the Introduction of Rule 406 Habit and Routine Practice Evidence at Trial (ECF No. 139); 2. Defendant's pro se Motions in Limine and Supplemental Pre-Trial Motions (ECF Nos. 140, 142); 3. Defendant's pro se Motion to Re-Open the Suppression Hearing (ECF No. 141); 4. Defendant'...
REPORT AND RECOMMENDATION JANIE S. MAYERON , Magistrate Judge . The above matter came before the Court upon plaintiff's Motion for Preliminary Injunction/Protective Order [Docket No. 9] and plaintiff's Motion for Summary Judgment and Emergency Request for Immediate Injunction [Docket No. 48]. The matter has been referred to the undersigned United States Magistrate Judge for a Report and Recommendation pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 72.1(c). I. FACTUAL BACKGROUND...
ORDER DENYING DEFENDANT'S MOTION FOR DISCLOSURE OF CONFIDENTIAL INFORMANT INFORMATION Docket No. 21. VERONICA L. DUFFY , Magistrate Judge . INTRODUCTION In this case pending in the District of Minnesota, the Honorable Karen E. Schreier of the District of South Dakota was appointed to preside over this case. See Docket No. 9. This magistrate judge was also appointed to assist Judge Schreier. See Docket No. 32. Defendant Khaalid Adam Abdulkadir filed a motion seeking immediate...
ORDER DENYING DEFENDANT'S MOTION FOR DISCLOSURE OF RULE 16(A) AND BRADY MATERIAL [DOCKET NO. 23] VERONICA L. DUFFY , Magistrate Judge . In this case pending in the District of Minnesota, the Honorable Karen E. Schreier of the District of South Dakota was appointed to preside over this case. See Docket No. 9. This magistrate judge was also appointed to assist Judge Schreier. See Docket No. 32. Defendant Khaalid Adam Abdulkadir filed a motion seeking immediate disclosure from the...
REPORT AND RECOMMENDATION LEO I. BRISBOIS , Magistrate Judge . This matter comes before the undersigned United States Magistrate Judge upon Defendant Alfredo Gil-Garcia's ("Defendant") Motion to Suppress Statements, [Docket No. 49]. This case has been referred to the undersigned Magistrate Judge for a report and recommendation, in accordance with 28 U.S.C. 636(b)(1) and Local Rule 72.1. The Court held a motions hearing on November 19, 2015, regarding Defendant's pretrial motions. 1 The...
ORDER DENYING DEFENDANT'S MOTION FOR DISCLOSURE OF CONFIDENTIAL INFORMANT INFORMATION [DOCKET NO. 21] VERONICA L. DUFFY , Magistrate Judge . INTRODUCTION In this case pending in the District of Minnesota, the Honorable Karen E. Schreier of the District of South Dakota was appointed to preside over this case. See Docket No. 9. This magistrate judge was also appointed to assist Judge Schreier. See Docket No. 32. Defendant Khaalid Adam Abdulkadir filed a motion seeking immediate...
ORDER DENYING DEFENDANT'S MOTION FOR DISCLOSURE OF RULE 16(A) AND BRADY MATERIAL [DOCKET NO. 23] VERONICA L. DUFFY , Magistrate Judge . In this case pending in the District of Minnesota, the Honorable Karen E. Schreier of the District of South Dakota was appointed to preside over this case. See Docket No. 9. This magistrate judge was also appointed to assist Judge Schreier. See Docket No. 32. Defendant Khaalid Adam Abdulkadir filed a motion seeking immediate disclosure from the...
ORDER Patrick J. Schiltz , United States District Judge . Plaintiff Riverview Health Institute ("Riverview") is a private, family-owned hospital in Dayton, Ohio. Riverview brings this action under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. 1001 et seq., against UnitedHealth Group, Inc. and various related entities (collectively "United"). Riverview alleges that United, acting as the claims administrator for various health plans governed by ERISA, has wrongfully...
Order PATRICK J. SCHILTZ , District Judge . The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Jeffrey J. Keyes dated December 11, 2015. No objections have been filed to that Report and Recommendation in the time period permitted. Based upon the Report and Recommendation of the Magistrate Judge, upon all of the files, records, and proceedings herein, the Court now makes and enters the following Order. IT IS HEREBY ORDERED that 1....
REPORT AND RECOMMENDATION JEFFREY J. KEYES , Magistrate Judge . INTRODUCTION The plaintiff Gabriel Cassell ("Cassell") brings this suit under 42 U.S.C. 1983, alleging that the Defendants violated his constitutional rights. The Defendants have moved to dismiss this case on several grounds, 1 including lack of jurisdiction, judicial and prosecutorial immunity, and failure to state a claim. (Doc. No. 26, State Defs.' Mot. to Dismiss; Doc. No. 28, State Defs.' Mem. in Supp. of Mot. to...
ORDER PATRICK J. SCHILTZ , District Judge . This matter is before the Court on defendant Brian Peter McQuillan's objection to the November 23, 2015 Report and Recommendation ("R&R") of Magistrate Judge Steven E. Rau [ECF No. 65]. Judge Rau recommends denying defendant's motion to suppress physical evidence [ECF No. 25], motion to suppress statements [ECF No. 26], motion to suppress evidence based on the search warrant [ECF No. 33], and motion for a Franks hearing [ECF No. 44]. The Court...
ORDER ON REPORT AND RECOMMENDATION JOHN R. TUNHEIM , Chief District Judge . The above-entitled matter came before the Court upon the Report and Recommendation of the United States Magistrate Judge. No objections have been filed to the Report and Recommendation in the time period permitted. Based upon the Report and Recommendation of the Magistrate Judge, and all the files, records and proceedings herein, IT IS HEREBY ORDERED that: 1. The Report and Recommendation is ADOPTED; 2....
ORDER PATRICK J. SCHILTZ , District Judge . This matter is before the Court on defendant Stuart Voigt's objection to Magistrate Judge Steven E. Rau's November 24, 2015 Report and Recommendation ("R&R"). Judge Rau recommends denying Voigt's motion to suppress evidence. Based on a de novo review, see 28 U.S.C. 636(b)(1), Fed. R. Crim. P. 59(b)(3), the Court overrules Voigt's objection to the R&R and denies his motion to suppress. Voigt seeks to suppress statements that he made during a...
ORDER MICHAEL J. DAVIS , District Judge . This matter is before the Court on Defendant's Request for Hearing on Writ of Garnishment and for Change of Venue for Hearing. [Docket No. 417] The Government commenced a writ of garnishment action pursuant to the Federal Debt Collection Procedures Act. 28 U.S.C. 3004(b)(2) provides: "If the debtor so requests, within 20 days after receiving the notice described in section 3101(d) or 3202(b), the action or proceeding in which the writ, order, or...
