FINDINGS AND RECOMMENDATION CONCERNING PLEA JEREMIAH C. LYNCH, Magistrate Judge. The Defendant, by consent, has appeared before me under Fed. R. Crim. P. 11 and has entered a plea of guilty to one count ofwire fraud in violation of 18 U.S.C. 1343 (Count I) and one count of aggravated identity theft in violation of 18 U.S.C. 1028A(a)(1) (Count II) as set forth in the Indictment. In exchange for Defendant's plea, the United States agrees to move to dismiss Counts III through VII of the...
ORDER SAM E. HADDON, District Judge. INTRODUCTION On September 9, 2014, Defendants Clarice Owen, Lyle [Curt] Owen, and Richard and Clarice Owens Testamentary Trust by and through Lyle [Curt] Owen, Trustee (the "Owens") filed a Motion for Summary Judgment, a Supporting Brief, and a Statement of Uncontroverted Facts. Owens sought an order dismissing all of Butte Pipe Line Company's ("Butte") claims and imposing liability on Butte for constructing a new pipeline on their property. On September...
ORDER DENYING 2255 AND DENYING CERTIFICATE OF APPEALABILITY SUSAN P. WATTERS, District Judge. On June 11, 2014, Defendant/Movant Nicholas John Montano filed a motion to vacate, set aside, or correct the sentence under 28 U.S.C. 2255. Montano is a federal prisoner proceeding pro se. The motion is subject to preliminary review to determine whether "the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief." 28 U.S.C. 2255(b); see also...
ORDER DENYING 2255 MOTION AND DENYING CERTIFICATE OF APPEALABILITY SUSAN P. WATTERS, District Judge. On June 17, 2014, Defendant/Movant Gerald Eugene Olsen filed a motion to vacate, set aside, or correct the sentence under 28 U.S.C. 2255. Olsen is a federal prisoner proceeding pro se. Olsen was indicted on three counts of 17-count indictment alleging drug crimes. Indictment (Doc. 1). He pied guilty to Count 10, conspiracy to possess with intent to distribute and to distribute at least...
ORDER DENYING 2255 MOTION AND DENYING CERTIFICATE OF APPEALABILITY DONALD W. MOLLOY, District Judge. On June 9, 2014, Defendant/Movant Alexander William Fetters filed a motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. He supplemented his motion on December 10, 2014. Fetters is a federal prisoner proceeding pro se. I. Procedural Posture of the Case On November 6, 2014, Fetters was ordered to explain a few of his allegations in more factual detail. On December 1,...
OPINION and ORDER SUSAN P. WATTERS, District Judge. Before the Court is Defendant Kristofer Wright's Motion for Discovery. (Doc. 23). Although the Court appointed counsel for him, Wright filed this motion pro se. Wright previously submitted a pro se Motion to Suppress. (Doc. 20). As the Court explained in its Order denying that motion (Doc. 21), "It is settled law that a defendant has the right to represent himself in a criminal trial and that he has the right to the assistance of counsel."...
OPINION and ORDER on RESTITUTION SUSAN P. WATTERS, District Judge. Defendant Jordan Campbell-Zorn ("Campbell-Zorn") pied guilty to one count of possession of child pornography in violation of 18 U.S.C. 2252A(a)(5)(B). He was sentenced on November 10, 2014. This Court reserved its restitution determination at that time. After reviewing the victims' restitution submissions, and what little argument the United States and Campbell-Zorn submitted on restitution in their briefs, this Court is now...
FINDINGS AND RECOMMENDATION CONCERNING PLEA JEREMIAH C. LYNCH, Magistrate Judge. The Defendant, by consent, has appeared before me under Fed. R. Crim. P. 11 and has entered a plea of guilty to one count of possession of child pornography in violation of 18 U.S.C. 2252A(a)(5)(B) (Count II), as set forth in the Indictment. Defendant further agrees to the forfeiture allegations in the indictment and concedes to the entry of a preliminary order of forfeiture regarding the property subject to...
ORDER DANA L. CHRISTENSEN, Chief District Judge. United States Magistrate Judge Jeremiah C. Lynch entered Findings and Recommendation in this matter on December 1, 2014. Neither party objected and therefore they are not entitled to de novo review of the record. 28 U.S.C. 636(b)(1); United States v. Reyna-Tapia, 328 F.3d 1114 , 1121 (9th Cir. 2003). This Court will review the Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d...
ORDER ADOPTING FINDINGS AND RECCOMENDATIONS OF MAGISTRATE JUDGE BRIAN MORRIS, District Judge. United States Magistrate Judge Keith Strong entered Findings and Recommendations in this matter on December 1, 2014. (Doc. 54). No objections were filed by either party. When a party makes no objections, the Court need not review de novo the proposed Findings and Recommendations. Thomas v. Arn, 474 U.S. 140 , 149-52 (1986). This Court will review Judge Strong's Findings and Recommendations,...
ORDER DANA L. CHRISTENSEN, Chief District Judge. United States Magistrate Judge Jeremiah C. Lynch entered Findings and Recommendation in this matter on November 26, 2014. Neither party objected and therefore they are not entitled to de novo review of the record. 28 U.S.C. 636(b)(1); United States v. Reyna-Tapia, 328 F.3d 1114 , 1121 (9th Cir. 2003). This Court will review the Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d...
ORDER DANA L. CHRISTENSEN, Chief District Judge. Pro se Petitioner James Buccelli filed this action for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Buccelli argues that there was insufficient evidence to support his 2012 conviction for burglary. Buccelli also briefly asserts that his appellate counsel was ineffective. United States Magistrate Judge Keith Strong entered his Findings and Recommendation on September 29, 2014, recommending that Buccelli's petition be dismissed and a...
ORDER ADDRESSING CROSS MOTIONS FOR SUMMARY JUDGMENT CAROLYN S. OSTBY, Magistrate Judge. This is an action to compel arbitration. Plaintiffs United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC, and United Steel Workers Local 11-470 (collectively "the Union"), proceeding under Section 301 of the Labor Management Relations Act ("LMRA"), 29 U.S.C. 185, seek to compel arbitration of a grievance with Defendant...
ORDER and OPINION DONALD W. MOLLOY, District Judge. INTRODUCTION Presently pending are cross motions for summary judgment. (Docs. 14, 20.) Plaintiff RQR Development, LLC ("RQR Development") requests partial summary judgment on the issue of whether Defendant Atlantic Casualty Insurance Company ("Atlantic") breached its duty to defend its insured, Mike Henning d/b/a Granite Mountain Excavating ("Granite Mountain"), in the underlying action. (Doc. 14 at 2.) RQR Development also seeks an entry...
ORDER BRIAN MORRIS, District Judge. This case was referred to United States Magistrate Judge Keith Strong for a revocation hearing and findings and recommendations. Judge Strong entered his findings and recommendations on November 25, 2014. Defendant admitted he had violated Standard Condition 2 of his supervised release by failing to submit monthly reports to his probation officer as directed, violated Standard Condition 6 by failing to notify his probation officer of a change in employment,...
FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE CAROLYN S. OSTBY, Magistrate Judge. Plaintiff Kenton DeVries ("DeVries") seeks a declaratory judgment and damages arising from interpretation of certain provisions of his employment agreement with his employer, Defendant Pioneer Wireline Services, LLC ("Pioneer"). Am. Cmplt, Pet. for Declaratory Judgment and Jury Demand (ECF 3) at 21-33. 1 Specifically, DeVries seeks: (1) a declaration that the agreement's non-disclosure and...
OPINION and ORDER SUSAN P. WATTERS, District Judge. Defendant Jason Neel ("Neel") has filed a Motion to Suppress Title III Wiretap Evidence and for Franks Hearing (Doc. 244). In part of his motion, Neel seeks a Franks hearing to determine whether law enforcement intentionally or recklessly omitted evidence in their applications for wiretap warrants that could impeach the credibility of a Confidential Human Source ("CHS"). Co-defendant Mario Villegas ("Villegas") joins the motion (Doc. 249)...
ORDER DANA L. CHRISTENSENT, Chief District Judge. United States Magistrate Judge Jeremiah C. Lynch entered Findings and Recommendation in this matter on November 21, 2014. Neither party objected and therefore they are not entitled to de novo review of the record. 28 U.S.C. 636(b)(1); United States v. Reyna-Tapia, 328 F.3d 1114 , 1121 (9th Cir. 2003). This Court will review the Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F....
FINDINGS AND RECOMMENDATION CONCERNING PLEA JEREMIAH C. LYNCH, Magistrate Judge. The Defendant, by consent, has appeared before me under Fed. R. Crim. P. 11 and has entered a plea of guilty to one count of conspiracy to commit wire fraud in violation of 18 U.S.C. 371 (Count I) and aggravated identity theft in violation of 18 U.S.C. 1028A(a)(1) (Count XXVI). In exchange for Defendant's plea, the United States has agreed to dismiss Counts V-VI, VIII, XIV, XVI, and XXVII of the Indictment....
OPINION and ORDER SUSAN P. WATTERS, District Judge. Before the Court are the Findings and Recommendations entered by United States Magistrate Judge Carolyn Ostby on November 19, 2014. (Doc. 9). Magistrate Judge Ostby recommends that this Court grant the United States' motion to quash a state order (Doc. 4-21) regarding payment of John Henry Triteca's veteran's benefits and remand the case back to state court. (Doc. 9). Pursuant to 28 U.S.C. 636(b)(1), written objections to Magistrate Judge...
