REPORT AND RECOMMENDATION HILDY BOWBEER , Magistrate Judge . Jacoby Kindred filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 challenging a judgment entered against him in Minnesota state court. (Pet. Writ Habeas Corpus [Doc. No. 1].) Respondent Jeff Titus moved to dismiss the petition, asserting that Kindred's claims are procedurally defaulted because they were not fairly presented to each level of the state courts and no state court remedy remains. (Resp't's Mem....
REPORT AND RECOMMENDAITON KATHERINE MENENDEZ , Magistrate Judge . I. Background This matter is before the Court for a report and recommendation on Fuad Mohamed Dhuuh's motion for a temporary restraining order. [TRO Mot., ECF No. 2.] Mr. Dhuuh is a native and citizen of Somalia who has been ordered removed from the United States by immigration authorities. He was taken into custody of Immigration and Customs Enforcement ("ICE") officers in August 2017. Along with 91 other Somali nationals,...
REPORT AND RECOMMENDATION BECKY R. THORSON , Magistrate Judge . Pursuant to 42 U.S.C. 405(g), Plaintiff Aron Robert Moore seeks judicial review of the final decision of the Commissioner of Social Security ("the Commissioner") denying his application for disability insurance benefits. This matter has been referred to the undersigned for a Report and Recommendation and is before this Court on the parties' cross-motions for summary judgment pursuant to Local Rule. See 28 U.S.C. 636; D....
REPORT AND RECOMMENDATION KATHERINE MENENDEZ , Magistrate Judge . This matter is before the Court on the motion to dismiss the Complaint filed by the Defendants CitiMortgage, Inc., and Mortgage Electronic Registration System, Inc. ("MERS"), pursuant to Federal Rule of Civil Procedure 12(b)(6). [Defs.' Mot., ECF No. 20.] In the Complaint, the Plaintiff, Michelle A. Baker, who is appearing pro se, asserts several claims against the Defendants based on allegedly wrongful conduct in...
REPORT AND RECOMMENDATION LEO I. BRISBOIS , Magistrate Judge . This matter comes before the undersigned United States Magistrate Judge pursuant to an Order of Reference, [Docket No. 38], made in accordance with the provisions of 28 U.S.C. 636, and upon Plaintiff's Motion for Default Judgments Against Defendants Darren D. Tobey, Dex Media, Inc., and SWS Credit Services, Inc. [Docket No. 30]. The Court held a hearing on the present motion on November 13, 2017, after which Plaintiff's...
REPORT & RECOMMENDATION TONY N. LEUNG , Magistrate Judge . This matter is before the Court sua sponte to determine whether it was properly removed from state district court in Ramsey County, Minnesota, Case No. 62-CV-16-6654. A hearing was held on September 18, 2017. (ECF No. 35.) David J. Krco, Beisel Dunlevy, PA, appeared on behalf of Plaintiff Bank of America, N.A. ("BOA"). Defendants Kirk D., Alexander, and Mary K. Larson appeared pro se. There was no appearance by Defendants...
REPORT AND RECOMMENDATION LEO I. BRISBOIS , Magistrate Judge . This matter came before the undersigned United States Magistrate Judge pursuant to an Order of Referral, [Docket No. 52], made in accordance with the provisions of 28 U.S.C. 636(b)(1)(B), and upon Plaintiff's Motion for Partial Summary Judgment, [Docket No. 37], and Defendant the United States of America's ("the United States") Motion to Substitute the United States for Defendant DeSilva, to Dismiss DeSilva, and to Amend the...
REPORT & RECOMMENDATION TONY N. LEUNG , Magistrate Judge . I. INTRODUCTION This matter comes before the Court on two self-titled motions to dismiss (ECF Nos. 43 and 50) filed individually by pro se Defendants Frederick Harold Stinchfield II ("Stinchfield II") and Frederick Harold Stinchfield III ("Stinchfield III"). These motions have been referred to the undersigned for a report and recommendation to the district court, the Honorable John R. Tunheim, Chief District Judge for the United...
REPORT AND RECOMMENDATION LEO I. BRISBOIS , Magistrate Judge . This matter came before the undersigned United States Magistrate Judge pursuant to a referral for report and recommendation in accordance with the provisions of 28 U.S.C. 636(b) and Local Rule 72.1, and upon Petitioner William Mitchell's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241, [Docket No. 1]. For the reasons set forth below, the Court recommends that the Petition for Writ of Habeas Corpus, [Docket No....
MEMORANDUM OPINION AND ORDER SUSAN RICHARD NELSON , District Judge . Before the Court is the Motion for a Preliminary Injunction [Doc. No. 18] filed by Plaintiffs Augustine Pacheco and Vicki Hansen on December 12, 2017. Plaintiffs filed this suit on November 7, 2017, on their own behalf and on behalf of similarly-situated retirees, under the Employment Retirement Income Security Act (ERISA) and the Labor Management Relations Act (LMRA). They assert claims against their former employer...
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT JOHN R. TUNHEIM , Chief District Judge . The trustees of the Minneapolis Retail Meat Cutters and Food Handlers Pension Plan ("the Plan") brought this Employee Retirement Income Security Act ("ERISA") case against Diamond Lake, Inc. ("Diamond Lake"), a Minneapolis supermarket that withdrew from the Plan when it went out of business in 2013. The Plan brings this action for collection, alleging that Diamond Lake...
ORDER PATRICK J. SCHILTZ , District Judge . This case is before the Court on two matters: (1) plaintiff Kristin Naca's motion for leave to refile her (previously stricken) objection to Magistrate Judge Becky R. Thorson's August 31, 2017 order denying Naca's motion to amend her complaint; and (2) Naca's objection to Judge Thorson's October 25, 2017 order granting in part and denying in part Naca's motion to compel discovery. For the reasons that follow, the Court denies Naca's motion for...
ORDER ADOPTING REPORT AND RECOMMENDATION JOHN R. TUNHEIM , Chief District Judge . Based upon the Report and Recommendation by United States Magistrate Judge Tony N. Leung dated December 6, 2017 (Docket No. 8), along with all the files and records, and no objections to said Recommendation having been filed, IT IS HEREBY ORDERED that this action is DISMISSED WITHOUT PREJUDICE under Fed. R. Civ. P. 41(b) for failure to prosecute. LET JUDGMENT BE ENTERED ACCORDINGLY.
REPORT AND RECOMMENDATION TONY N. LEUNG , Magistrate Judge . Petitioner Dominic Thomas brought this habeas corpus action alleging that prison staff had been deliberately indifferent to his medical needs. This Court explained to Thomas in a prior order that "`[i]f the prisoner is not challenging the validity of his conviction or the length of his detention, such as loss of good time, then a writ of habeas corpus is not the proper remedy.'" ECF No. 7 at 1 (quoting Spencer v. Haynes, 774 F....
Order PATRICK J. SCHILTZ , District Judge . The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Becky R. Thorson dated December 1, 2017. 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....
ORDER ON REPORT AND RECOMMENDATION JOHN R. TUNHEIM , Chief District Judge . A Report and Recommendation was filed by Magistrate Judge Katherine Menendez on December 1, 2017. No objections have been filed to that Report and Recommendation in the time period permitted. Based on the Report and Recommendation of the Magistrate Judge, on all of the files, records, and proceedings herein, the Court now makes and enters the following Order. IT IS HEREBY ORDERED that plaintiffs' Motion for a...
ORDER KATHERINE MENENDEZ , Magistrate Judge . This matter is before the Court on the plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction. Mot., ECF No. 87. The plaintiffs submitted a memorandum and three affidavits in support of their motion. Pls.' Mem., ECF No. 88; Gladden Aff., ECF No. 89; Gamble Aff., ECF No. 90; Jannetta Aff., ECF No. 91. The defendants submitted a memorandum and one affidavit in opposition. Defs.' Mem., ECF No. 119; Geil Aff., ECF No. 120....
REPORT AND RECOMMENDATION AND ORDER LEO I. BRISBOIS , Magistrate Judge . This matter comes before the undersigned United States Magistrate Judge pursuant to a general assignment, made in accordance with the provisions of 28 U.S.C. 636 and Local Rule 72.1, and upon Defendant Arthur Dale Senty-Haugen's ("Defendant") Motion to Suppress, [Docket No. 24]. 1 On October 5, 2017, a hearing was held regarding the parties' pretrial motions. 2 At the motions hearing, the parties requested the...
ORDER JOAN N. ERICKSEN , District Judge . In a Report and Recommendation ("R&R") dated November 21, 2017, the Honorable Leo I. Brisbois, United States Magistrate Judge, recommended that the Court deny Defendant's motion to suppress. ECF No. 42. The R&R also denied as moot both Defendant's motion for leave to file additional documents and the Government's motion to strike pro se filings. Id. Defendant objected to the R&R. ECF No. 43. The Government responded. ECF No. 44. Based on a de...
MEMORANDUM OPINION AND ORDER DONOVAN W. FRANK , District Judge . INTRODUCTION This matter is before the Court on a Motion for Summary Judgment brought by Defendant Regus Management Group, LLC ("Defendant" or "Regus") on Plaintiff Ginger Pung's ("Plaintiff" or "Pung") claims of sexual harassment and reprisal in violation of 42 U.S.C. 2000e ("Title VII") and the Minnesota Human Rights Act ("MHRA"), Minn. Stat. 363A, et seq. (Doc. No. 34.) For the reasons set forth below, the Court...
