United States District Court, D. Alaska
ORDER RE DEFENDANT'S MOTIONS AT DOCKETS 243, 262,
273, 277 AND 289/290
SHARON
L. GLEASON UNITED STATES DISTRICT JUDGE.
Before
the Court are five pending motions filed by Defendant Steven
Curtis Bachmeier.
1.
Motion to Dismiss, Docket 243
In this
motion, Mr. Bachmeier seeks dismissal of this action for lack
of jurisdiction. A response in opposition was filed at Docket
250. The motion was referred to the Honorable Magistrate
Judge Deborah M. Smith. At Docket 268, Judge Smith issued her
Final Report and Recommendation, in which she recommended
that the motion be denied, after noting that the motion
restates claims previously brought by the defense no fewer
than three times.[1] No objections to the Final Report and
Recommendation were filed.
2.
Motion for Sanctions and Contempt Order, Docket 262
In this
motion, Mr. Bachmeier seeks sanctions and an order of
contempt against Mr. Bachmeier's stand-by counsel and a
paralegal. No response to this motion was filed. The motion
was referred to the Honorable Magistrate Judge Deborah M.
Smith. At Docket 296, Judge Smith issued her Final Report and
Recommendation, in which she recommended that the motion be
denied. No objections to the Final Report and Recommendation
were filed.
3.
Motion to Dismiss and Hearing, Docket 273
In this
motion, Mr. Bachmeier raises concerns about his access to the
Court. A response in opposition was filed at Docket 282. This
motion was referred to the Honorable Magistrate Judge Deborah
M. Smith. At Docket 299, Judge Smith issued a Final Report
and Recommendation, in which she recommended that the motion
be denied, reasoning that no constitutional violation had
been adequately alleged. No objections to the Final Report
and Recommendation were filed.
4.
Motion for Order for Bonds to be Filed and Hearing, Docket
277
In this
motion, Mr. Bachmeier takes issue with the fringe on the
Court's flags, and requests bonds and an evidentiary
hearing. A response in opposition was filed at Docket 285.
This motion was referred to the Honorable Magistrate Judge
Deborah M. Smith. At Docket 301, Judge Smith issued a Final
Report and Recommendation, in which she recommended that the
motion and request for hearing be denied. No objections to
the Final Report and Recommendation were filed.
5.
Motions for Acquittal, Dockets 289 and 290
In
these motions, Mr. Bachmeier asserts he should be acquitted
because the government never responded to his notice at
Docket 266 or accompanying statement at Docket 266-1. A
response in opposition was filed at Docket 294, in which it
maintained the motions were untimely and did not state a
basis for relief. This motion was referred to the Honorable
Magistrate Judge Deborah M. Smith. At Docket 302, Judge Smith
issued a Final Report and Recommendation, in which she
recommended that the motion be denied. No objections to the
Final Report and Recommendation were filed.
The
Reports and Recommendations are now all before this Court
pursuant to 28 U.S.C. § 636(b)(1). That statute provides
that a district court “may accept, reject, or modify,
in whole or in part, the findings or recommendations made by
the magistrate judge.”[2] A court is to “make a de
novo determination of those portions of the magistrate
judge's report or specified proposed findings or
recommendations to which objection is
made.”[3] But as to those topics on which no
objections are filed, “[n]either the Constitution nor
[28U.S.C. § 636(b)(1)] requires a district judge to
review, de novo, findings and recommendations that the
parties themselves accept as correct.”[4]
The
magistrate judge recommended that the Court deny each of the
motions. The Court has reviewed each of the Final Reports and
Recommendations and agrees with their analysis. Accordingly,
the Court adopts each of the Final Reports and
Recommendations in their entirety, and IT IS ORDERED ...