RECOMMENDATION OF THE MAGISTRATE JUDGE TERRY F. MOORER, Magistrate Judge. This 42 U.S.C. 1983 action is pending before the court on a complaint filed by Rodney Alverson ("Alverson"), an indigent state inmate. In the complaint, Alverson challenges the constitutionality of medical treatment provided to him for scabies and ear problems, various conditions of confinement at Draper Correctional Facility, alleged acts of retaliation and purported acts of discrimination. Pursuant to the orders of...
RECOMMENDATION OF THE MAGISTRATE JUDGE TERRY F. MOORER, Magistrate Judge. This 42 U.S.C. 1983 action is pending before the court on a complaint filed by Rodney Alverson ("Alverson"), an indigent state inmate. In the complaint, Alverson challenges the constitutionality of a behavior citation and disciplinary each issued against him for insubordination. Pursuant to the orders of this court, the defendants filed a written report supported by relevant evidentiary materials in which they...
RECOMMENDATION OF THE MAGISTRATE JUDGE TERRY F. MOORER, Magistrate Judge. This matter is before the court on a pro se motion by Orlando Fernandez-Leyva ("Fernandez-Leyva") to vacate, set aside, or correct sentence under 28 U.S.C. 2255. I. INTRODUCTION On June 3, 2011, a jury found Fernandez-Leyva guilty of possession of marijuana with intent to distribute, in violation of 21 U.S.C. 841(a)(1). Following a sentencing hearing on October 4, 2011, the district court sentenced him to 60...
RECOMMENDATION OF THE MAGISTRATE JUDGE WALLACE CAPEL, Jr., Magistrate Judge. I. INTRODUCTION This case is before the court on James L. Robinson's ("Robinson") amended petition for habeas corpus relief under 28 U.S.C. 2241. See Doc. Nos. 1 and 6. When he filed his petition, Robinson was an inmate at the Alexander City Work Release & Community Work Camp in Alexander City, Alabama. He challenges the constitutionality of his confinement under sentences of 25 years' imprisonment as a habitual...
RECOMMENDATION OF THE MAGISTRATE JUDGE WALLACE CAPEL, Jr., Magistrate Judge. I. INTRODUCTION This case is before the court on a pro se petition for writ of habeas corpus under 28 U.S.C. 2254 filed by Alabama inmate Marc Wayne Holliday ("Holliday") on February 25, 2013. 1 Doc. No. 1. 2 Holliday presents claims challenging the constitutionality of his convictions and sentence imposed by the Circuit Court of Chilton County on charges of second-degree sodomy and first-degree sexual abuse,...
RECOMMENDATION OF THE MAGISTRATE JUDGE SUSAN RUSS WALKER, Chief Magistrate Judge. I. INTRODUCTION In this petition for writ of habeas corpus under 28 U.S.C. 2254 filed on March 20, 2013, petitioner Terry Lee Robinson ("Robinson") challenges the 2006 judgment of the Circuit Court of Houston County, Alabama, revoking his state probation. 1 The respondents argue that Robinson's petition is time-barred by the one-year federal limitation period in 28 U.S.C. 2244(d). The court concludes that...
RECOMMENDATION OF THE MAGISTRATE JUDGE TERRY F. MOORER, Magistrate Judge. I. INTRODUCTION On May 30, 2014 in the United States District Court for the Northern District of Florida, Plaintiffs Jimmy Zaee and Jay Zaee filed an Amended Complaint pro se against the City of Abbeville Police Department, Henry County Sheriff's Office, and Officer Drew Ruble, claiming that law enforcement officers violated their Fourth Amendment rights during a traffic stop and violated the Alabama Open Records Act....
RECOMMENDATION OF THE MAGISTRATE JUDGE SUSAN RUSS WALKER, Chief Magistrate Judge. Plaintiff Gina Gayle Bigelow ("Plaintiff") brings this action pursuant to 42 U.S.C. 405(g) seeking judicial review of a decision by the Commissioner of Social Security ("Commissioner") denying her application for disability insurance benefits under Title II of the Social Security Act ("the Act") and supplemental security income under Title XVI of the Act. Upon review of the record and briefs submitted by the...
OPINION MYRON H. THOMPSON, District Judge. Pursuant to 28 U.S.C. 2254, petitioner, a state inmate, filed this lawsuit seeking habeas relief. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that petitioner's writ petition be denied because he has failed to exhaust state remedies. Also before the court are petitioner's objections to the recommendation. After an independent and de novo review of the record, the court concludes that the...
OPINION AND ORDER MYRON H. THOMPSON, District Judge. Plaintiff Joe Hand Promotions, Inc. brought this lawsuit against defendants Steven Hiro Koda and Club BTS, LLC, asserting that Koda and Club BTS violated one of two provisions in Title 47 of the United States Code, each of which provides a private right of action for unlawful interception of certain broadcast signals. * See 47 U.S.C. 553, 605. The court has subject-matter jurisdiction. See 28 U.S.C. 1331; 47 U.S.C. 553(c)(1); 47...
OPINION AND ORDER MYRON H. THOMPSON, District Judge. This cause is before the court on plaintiff Ruby Chancey's motion to reinstate her case. Chancey first named Dr. Richard L. Bendinger as a defendant in an Alabama state court, alleging medical malpractice and wrongful death in tort. She alleged that her husband died as a result of Bendinger's alleged breach of care. Because Bendinger was deemed a Public Health Service employee under 42 U.S.C. 233(g) and a federal employee for the purposes...
ORDER ON ARRAIGNMENT TERRY F. MOORER, Magistrate Judge. On December 22, 2014 the defendant, Antonio Manniken, appeared in person and in open court with counsel, Keisha Stokes-Hough and was arraigned in accordance with the provisions of Rule 10 of the Federal Rules of Criminal Procedure. PLEA. The defendant entered a plea of NOT GUILTY. Counsel for the defendant is requested to contact the U.S. Attorney immediately if the defendant intends to engage in plea negotiations. If the...
MEMORANDUM OPINION AND ORDER W. HAROLD ALBRITTON , Senior District Judge . I. INTRODUCTION This case is before the court on a Motion for Summary Judgment (Doc. # 56) filed by Defendant AutoZoners, LLC on October 6, 2014. Also before the court are Plaintiff Tommy Ambus's Brief in Opposition to the Motion (Doc. # 59), and Defendant's response thereto (Doc. # 63). Plaintiff filed his initial Complaint, pro se, in this case on November 2, 2012. He thereafter filed an Amended Complaint,...
ORDER MYRON H. THOMPSON, District Judge. In accordance with the opinion entered December 29, 2014, it is the ORDER, JUDGMENT, and DECREE of the court that the motion for temporary-restraining order (doc. no. 2) is denied. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is not closed.
OPINION MYRON H. THOMPSON , District Judge . This case involves a challenge to the widening from two lanes to four lanes of a road in Eufaula, Alabama's historic district. The plaintiffs are the City of Eufaula and three historic preservation groups, 1 and the defendants are the Alabama Department of Transportation and its director, as well as the Federal Highway Administration and its division administrator. 2 The plaintiffs assert that the defendants violated 4(f) of the Department...
OPINION AND ORDER MYRON H. THOMPSON, District Judge. The allegations of the amended complaint in this case are insufficient to invoke this court's original jurisdiction under 28 U.S.C. 1332 (diversity of citizenship). To invoke original jurisdiction based on diversity, the complaint must distinctly and affirmatively allege each party's citizenship. See McGovern v. American Airlines, Inc. , 511 F.2d 653 , 654 (5th Cir. 1975) (per curiam); see also Bonner v. Prichard , 661 F.2d 1206 ,...
MEMORANDUM OPINION TERRY F. MOORER, Magistrate Judge. I. PROCEDURAL HISTORY Teresa McMeans ("Plaintiff" or "McMeans") applied for disability insurance benefits under Title II of the Social Security Act ("the Act"), 42 U.S.C. 401 et seq., and supplemental security income ("SSI") under Title XVI of the Act, 42 U.S.C. 1381 et seq. Her application was denied at the initial administrative level. Plaintiff then requested and received a hearing before an Administrative Law Judge ("ALJ")....
MEMORANDUM OPINION AND ORDER W. HAROLD ALBRITTON, Senior District Judge. I. INTRODUCTION This case is before the court on a Motion for Summary Judgment (Doc. #22), filed by Wal-Mart Stores, Inc. on November 21, 2014. The Plaintiff filed a Complaint in the Circuit Court of Montgomery County, Alabama, bringing a claim of negligence and seeking $153,000 for injuries sustained in fall at a Wal-Mart store in Montgomery, Alabama. Wal-Mart Stores, Inc. ("Wal-Mart") filed a Notice of Removal,...
RECOMMENDATION OF THE MAGISTRATE JUDGE CHARLES S. COODY, Magistrate Judge. This case is pending before this court on the mandate of the Court of Appeals for the Eleventh Circuit entered on September 4, 2014. (Doc. # 590). The Eleventh Circuit vacated this court's order denying defendant Woods' 18 U.S.C. 3582(c)(2) motion for a sentence reduction pursuant to Amendments 748 and 750 of the Sentencing Guidelines. The Eleventh Circuit remanded this case for this court to determine whether the...
ORDER W. KEITH WATKINS, Chief District Judge. On December 1, 2014, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. # 603.) Upon an independent review of the file in this case and upon consideration of the Recommendation, it is ORDERED that the Recommendation is ADOPTED and that Defendant's motion for reduction of sentence pursuant to 18 U.S.C. 3582(c)(2) is DENIED.
