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U.S. District Courts - Montana
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Kathleen ADAMS, individually, as Personal Representative of the Estate of Jay Thomas Allen; and as Guardian of Jaylynne Allen, T'Jay Allen, and Lane Allen; John Allen; Diana Allen; Christa Allen; John C. Allen; and Todd Allen, Plaintiffs, v. UNITED, D.Mont., November 17, 2009
Timothy M. Bechtold, Missoula, MT, for Plaintiffs. George F. Darragh, Jr., Office of the U.S. Attorney, Great Falls, MT, for Defendant. ORDER DONALD W. MOLLOY, District Judge. I. Introduction Plaintiffs brought this action under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., alleging Indian Health Services employees' medical negligence caused Jay Thomas Allen's disability and death. Plaintiffs include Jay Allen's surviving spouse Kathleen Adams individually, as personal repre...
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Wayne P. CRISMORE, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Mont., October 30, 2009
Robert K. Ogg, Ogg Law Firm, Missoula, MT, for Plaintiff. Leif M. Johnson, Office of the U.S. Attorney, Billings, MT, Pamela M. Wood, Office of the General Counsel, Social Security Administration, Denver, CO, for Defendant. ORDER DONALD W. MOLLOY, District Judge. I. Introduction United States Magistrate Judge Jeremiah C. Lynch entered Findings and Recommendation in this matter on August 25, 2009. Judge Lynch recommended granting Plaintiff's motion for summary judgment and reversing th...
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Roland TIREY, Plaintiff, v. Sandra FAIRBANK, et al., Defendants. , D.Mont., October 30, 2009
Roland Tirey, Deer Lodge, MT, pro se. ORDER DONALD W. MOLLOY, District Judge. Plaintiff Tirey is a state prisoner proceeding pro se. He filed an action pursuant to 42 U.S.C. § 1983. United States Magistrate Judge Jeremiah C. Lynch entered Findings and Recommendation in this matter on October 1, 2009. Judge Lynch recommended dismissing Tirey's complaint for failure to state a claim upon which relief may be granted and denying his motion for leave to proceed in forma pauperis. Plaintiff t...
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UNITED STATES of America, Plaintiff, v. Lawrence John SHEEHAN, Defendant. , D.Mont., October 27, 2009
Marcia Hurd, U.S. Attorneys Office, Billings, MT, for Plaintiff. John Rhodes, Federal Defenders of Montana, Missoula, MT, for Defendant. NOTICE OF PROPOSED ORDER DONALD W. MOLLOY, District Judge. I. Introduction Defendant Lawrence John Sheehan pleaded guilty to one count of Transportation of a Minor, in violation of 18 U.S.C. § 2423(a). Upon receipt of the Presentence Report, Defendant filed objections to it. These objections turn on when the offense took place for sentencing purposes...
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LOVAAS, et. al., Plaintiff, v. UNITED STATES FOREST SERVICE, et. al., Defendants. , D.Mont., October 27, 2009
James P. O'Brien, O'Brien Law Office, Missoula, MT, for Plaintiffs. Timothy J. Cavan, Office of the U.S. Attorney, Billings, MT, for Defendants. ORDER SAM E. HADDON, District Judge. United States Magistrate Keith Strong entered his Findings and Recommendations [FN1] on September 18, 2009. Plaintiff filed objections on September 28, 2009. Defendants filed a response on October 13, 2009. The Court reviews de novo findings and recommendations to which objection are made. 28 U.S.C. § 636(b)...
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Roberta BOYD, Petitioner, v. FORT PECK TRIBES, Respondent. , D.Mont., October 27, 2009
Roberta Boyd, Poplar, MT, pro se. ORDER SAM E. HADDON, District Judge. On September 14, 2009, United States Magistrate Judge Keith Strong entered Findings and Recommendation [FN1] in this matter. Petitioner did not file objections. No review is required of proposed findings and recommendations to which no objection is made. Thomas v. Arn, 474 U.S. 140, 149-152 (1986). However, this Court will review Judge Strong's Findings and Recommendation for clear error. FN1. Docket No. 3. Upon...
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Diane M. BRAMLETTE, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Mont., October 26, 2009
Cameron Ferguson, Cameron Ferguson Law Office, Great Falls, MT, for Plaintiff. Pamela M. Wood, Office of the General Counsel, Denver, CO, George F. Darragh, Jr., Office of the U.S. Attorney, Great Falls, MT, for Defendant. ORDER SAM E. HADDON, District Judge. United States Magistrate Keith Strong entered his Findings and Recommendation [FN1] on September 14, 2009. Plaintiff filed objections on September 21, 2009. The Court reviews de novo findings and recommendation to which objection i...
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William K. HASLAM, Plaintiff, v. Tom J. VILSACK, Secretary, United States Department of Agriculture, Defendant. , D.Mont., October 26, 2009
William K. Haslam, Jr., El Paso, TX, pro se. ORDER SAM E. HADDON, District Judge. United States Magistrate Keith Strong entered his Findings and Recommendations [FN1] on July 30, 2009. Plaintiff filed objections on October 2, 2009. The Court reviews de novo findings and recommendations to which objection are made. 28 U.S.C. § 636(b)(1). FN1. Docket No. 7. Upon de novo review of the record, I find no clear error in Judge Strong's Findings and Recommendations and adopt them in fu...
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