McMahan v. Hudson, No. 1:2011cv00523 - Document 8 (D. Idaho 2011)
Court Description: MEMORANDUM DECISION AND ORDER denying 3 Motion for Preliminary Injunction. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO KEVIN STEWART McMAHAN Plaintiff, Case No. 1:11-CV-523-BLW v. MEMORANDUM DECISION AND ORDER NATE E. HUDSON, UNITED STATES PROBATION OFFICER Defendant. MEMORANDUM DECISION Plaintiff McMahan seeks an injunction preventing the U.S. Probation Office from placing him on home confinement between 5 p.m. and 10 p.m. on Halloween night. McMahan is currently on probation after pleading guilty to a charge of possession of child pornography in violation of 18 U.S.C. ยง 2252A. Standard Condition No. 3 of his probation requires him to follow the instructions of the probation officer, and Special Condition No 3 restricts him from contact with individuals who are under the age of 18 years without adult supervision. Under these circumstances, the home confinement of McMahan on Halloween night is a reasonable restriction consistent with the conditions of his probation. The motion for injunction will therefore be denied. ORDER In accordance with the Memorandum Decision above, Memorandum Decision & Order - 1 NOW THEREFORE IT IS HEREBY ORDERED, that the motion for injunction (docket no. 3) is DENIED. DATED: October 31, 2011 B. LYNN WINMILL Chief Judge United States District Court Memorandum Decision & Order - 2
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