USA v. Brown et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	ORDER
)
vs. 	)
) 	Case No. 1:25-cr-231
Elliot Figueroa Soto, 	)
)
Defendant. 	)
______________________________________________________________________________
On June 4, 2026, Defendant filed a Motion to Direct US Marshal to Allow Evaluations.
(Doc. No. 28). According to Defendant, he was endeavoring to arrange for a chemical dependency
evaluation with the Prairie Recovery Center, presumably by telephone as he is presently in custody
at the McLean County Jail. He was informed by staff at the McLean County Jail that they have been
instructed to refuse evaluation requests by federal detainees unless authorized by the United States
Marshals Service (“USMS”). 	He thereafter contacted the USMS and submitted an evaluation
request via email as directed but has yet to receive a response. Averring that his evaluation is a
private matter and there is no reason why he should be required to contact the USMS to schedule
it, he seeks an order from the court directing the USMS to allow him to participate in a substance
abuse evaluation and any physical required as part of that evaluation.
The court appreciates the frustration encountered by Defendant when trying to schedule his
telephonic evaluation. The court also appreciates the responsibilities that the USMS has as
Defendant’s custodian. As Defendant is in USMS custody, the USMS’s involvement in the
scheduling of Defendant’s evaluation is neither surprising nor unreasonable.
Arranging the telephonic evaluation of someone in USMS custody can generally be
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accomplished without court involvement. In this instance, there appears to have been a breakdown
in communication. To ensure that Defendant can schedule an evaluation, the court GRANTS his
motion (Doc. No. 28). Defendant shall coordinate with the USMS in scheduling a chemical
dependency evaluation.
IT IS SO ORDERED.
Dated this 12th day of June, 2026.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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