FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE CAROLYN S. OSTBY , Magistrate Judge . I. INTRODUCTION On November 6, 2015, Judge Watters referred to the undersigned, in accordance with 28 U.S.C. 636(b)(1)(B) and Rule 59(a), Fed. R. Crim. P., Defendant Michael Serrel Johnson's ("Johnson") Motion to Suppress ( ECF 28 ) 1 for the purposes of conducting a hearing and issuing appropriate findings and recommendations. Johnson is charged with Possession with Intent to...
FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE CAROLYN S. OSTBY , Magistrate Judge . Plaintiff Jack R. Clark ("Clark") filed this action for declaratory relief and compensatory damages against Defendant F.T. Reynolds Co. ("Reynolds") claiming breach of a commercial lease agreement. Verified Cmplt for Declaratory and Other Relief and Demand for Jury Trial (ECF No. 1). 1 Clark invokes the Court's diversity jurisdiction under 28 U.S.C. 1332. Id. at 1-2. Now pending are...
FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE JOHN JOHNSTON , Magistrate Judge . I. Synopsis Mr. Scott was accused of violating his conditions of supervised release by: (1) committing a new crime; (2) leaving the judicial district without permission; (3) using marijuana; (4) using hydrocodone without a prescription; (5) failing to report for substance abuse testing; and (6) failing to report for substance abuse treatment. He admitted to the violations. Mr. Scott's...
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 being a felon in possession of firearms in violation of 18 U.S.C. 922(g)(1) (Count IV of the Indictment), and one count of the possession of firearms that were not registered to him in the National Firearms Registration and Transfer Record in violation of 26 U.S.C. 5861(d) (Count V...
FINDINGS OF FACTS CONCLUSIONS OF LAW AND ORDER SAM E. HADDON , District Judge . INTRODUCTION Contempt proceedings against Timothy L. Blixseth ("Blixseth") commenced December 23, 2013. 1 Two separate hearings were conducted before a final on the record evidentiary hearing was held on October 19, 2015. 2 Plaintiff Brian A. Glasser, as Trustee of the Yellowstone Club Liquidating Trust (the "Trust") was represented by Michael L. Murphy, Esq., Kevin W. Barrett, Esq., and Shane P. Coleman,...
ORDER JEREMIAH C. LYNCH , Magistrate Judge . Plaintiff Douglas Chyatte, an inmate proceeding in forma pauperis and without counsel has filed a Motion to Certify for Interlocutory Appeal (Doc. 136) and a Motion for Reconsideration (Doc. 135). Both motions will be denied. I. Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b), an otherwise non-final order may be subject to interlocutory appeal if the district court certifies, in writing, the following: (1) the order involves a "...
ORDER GRANTING 2255 MOTION AND DENYING CERTIFICATE OF APPEALABILITY SUSAN P. WATTERS , District Judge . This case comes before the Court on Defendant Bret Allen Hitshew's motion to "reappear" for sentencing. On September 25, 2015, the Court advised Hitshew that it intended to recharacterize the motion as one under 28 U.S.C. 2255. Hitshew was given an opportunity to withdraw his motion or to add any additional claims for relief he wanted the Court to consider. ( See Doc. 60 at 2-3);...
ORDER DANA L. CHRISTENSEN , Chief District Judge . United States Magistrate Judge John T. Johnston entered his Order, Findings and Recommendations on October 1, 2015, granting Plaintiff Ernst L. Eades's ("Eades") Motion to Proceed in Forma Pauperis and recommending dismissing certain Defendants from this suit. Eades failed to timely object to the Findings and Recommendations, and so waived the right to de novo review of the record. 28 U.S.C. 636(b)(1)(C). This Court reviews for clear...
ORDER DANA L. CHRISTENSEN , Chief District Judge . United States Magistrate Judge John T. Johnston entered Findings and Recommendations on August 5, 2015, recommending dismissing Petitioner Robert A. Shepherd's ("Shepherd") Petition for Writ of Habeas Corpus. This Court previously granted two requests by Shepherd for extensions of time to file objections to Judge Johnston's Findings and Recommendations. (Docs. 29, 33.) Shepherd failed to timely object to the 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 December 4, 2015. 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...
ORDER CHARLES C. LOVELL , Senior District Judge . Before the Court are Defendant Kyle Burris's two Motions to Vacate, Set Aside, or Correct Conviction and Sentence Pursuant to 28 U.S.C. 2255 (Doc. 45, 49). The first Motion sets forth four grounds. The second Motion sets forth two additional grounds and is supported by a brief. Defendant had filed a prior section 2255 motion, on January 30, 2012 (Doc. 39), but he withdrew that motion by his Notice of Withdrawal (Doc. 43) on April 20, 2012,...
ORDER DANA L. CHRISTENSEN , Chief District Judge . Plaintiff Clifton Ray Oliver filed his complaint in this matter on March 28, 2014. On August 25, 2015, United States Magistrate Judge Jeremiah C. Lynch issued his order, findings, and recommendation as to Oliver's pending motions. (Doc. 55.) Judge Lynch granted Oliver's motions to extend expert deadline (Doc. 53) and to supplement his motion for appointment of counsel (Doc. 47). Judge Lynch denied Oliver's motions to appoint counsel (Doc....
ORDER JOHN JOHNSTON , Magistrate Judge . Upon motion of the United States and for good cause shown, IT IS HEREBY ORDERED that Violation Notice 5015656 is DISMISSED, and the outstanding WARRANT is QUASHED
ORDER DANA L. CHRISTENSEN , Chief District Judge . United States Magistrate Judge John T. Johnston entered an order, findings, and recommendations in this case on October 22, 2015, granting Plaintiff Jameison Beam's ("Beam") motion to proceed in forma pauperis, but recommending dismissal of Defendants State of Montana, Ben Bouley, and all Jane and John Doe Defendants due to Beam's failure to make any allegations against them. Beam did not object to the order or to the findings and...
ORDER DANA L. CHRISTENSEN , Chief District Judge . United States Magistrate Judge John T. Johnston entered an order, findings, and recommendations in this case on October 5, 2015, denying Plaintiff Andrew David Golie's ("Golie") motions for appointment of counsel and extension of the discovery deadline, and recommending denial of his motion for temporary injunction and motion to add claims. Golie did not object to the order or to the findings and recommendations, and so waived the right to...
ORDER JOHN JOHNSTON , Magistrate Judge . Upon motion of the United States and for good cause shown, IT IS HEREBY ORDERED that Violation Notice 5015656 is DISMISSED, and the outstanding WARRANT is QUASHED
ORDER BRIAN MORRIS , District Judge . I. BACKGROUND Encore Services, LLC initially initiated this dispute when it filed an action pursuant to a contractual arbitration agreement against the Chippewa Cree Tribe of the Rocky Boy's Reservation of Montana (the "Tribe"), First American Capital Resources, LLC ("FACR"), and Plain Green, LLC ("Plain Green"). (Doc. 88-1 at 2.) Defendants Zachary Roberts, Richard Lee Broome, Gordon Jones, and Martin Mazzara (collectively "Individual Defendants") "...
ORDER JOHN JOHNSTON , Magistrate Judge . Plaintiff Adrian Guille is a prisoner proceeding pro se and in forma pauperis. He is incarcerated at the Snake River Correctional Institution in Ontario, Oregon. (Notice of Change of Address, Doc. 24.) Pending are Mr. Guille's Motion for an Extension of Time (Doc. 35), Motion to Compel (Doc. 36), and Motion to Appoint Counsel (Doc. 42), and Defendants' Motion for a Protective Order (Doc. 44). Mr. Guille's motions will be denied. The Court will...
ORDER ADOPTING UNITED STATES MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS BRIAN MORRIS , District Judge . United States Magistrate Judge Jeremiah Lynch entered Findings and Recommendations in this matter on November 13, 2015. (Doc. 7.) Neither party filed objections. 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 , 149-152 (1986). The Court will review Judge Johnston's Findings and...
ORDER Dana L. Christensen , Chief Judge , United States District Court Before the Court are the parties' cross-motions for summary judgment. For the reasons explained below, the Court grants Plaintiffs' motion and denies Defendant's motion. BACKGROUND This case arises from a single property owner offering two separate but abutting portions of her real property as security for two separate loans. The material facts surrounding these transactions are not in dispute. Plaintiffs are the...
