McMahan v. Hudson

Filing 8

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)

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. § 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