MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION STACI G. CORNELIUS , Magistrate Judge . This matter arises from the death of William Dwayne Harris, following his October 25, 2012 arrest by Huntsville Police Department personnel. Presently pending is the motion for summary judgment filed by the defendant, the City of Huntsville, Alabama. (Doc. 37). 1 The motion has been fully briefed and is ripe for adjudication. ( See Docs. 39, 44, 48). Because the parties have not consented to magistrate...
MEMORANDUM OPINION KARON OWEN BOWDRE , Chief District Judge . This 1983 matter asserts federal claims against the City of Tarrant for excessive use of force; failure to train, supervise and investigate use of force with Taser; and failure to train, supervise, and investigate use of force with a patrol vehicle. It comes before the court on the City's "Motion to Dismiss." (Doc. 8). The Plaintiff filed a response (doc. 12), and the City had an opportunity to reply, but chose not to...
MEMORANDUM OPINION ABDUL K. KALLON , District Judge . Linda C. Gibbs brings this action pursuant to section 205(g) of the Social Security Act ("the Act"), 42 U.S.C. 405(g), seeking review of the final adverse decision of the Commissioner of the Social Security Administration ("SSA"). This court finds that the Administrative Law Judge ("ALJ") applied the correct legal standard, and that his decision—which has become the decision of the Commissioner—is AFFIRMED. I. PROCEDURAL HISTORY...
MEMORANDUM OPINION ABDUL K. KALLON , District Judge . The above-styled petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 was filed in this court on January 9, 2014. As relief, Gregory M. Robinson ("Petitioner") requested to be remanded to federal custody. In an Order dated December 13, 2016, the magistrate judge informed the petitioner that his habeas petition appeared to be moot, as a search of the Alabama Department of Corrections' inmate listing indicates that no...
MEMORANDUM OPINION T. MICHAEL PUTNAM , Magistrate Judge . This cause is before the court on motions to dismiss filed by the various defendants. For the reasons explained below, the motions are due to be granted in part and denied in part, with further proceedings with respect some of plaintiff's claims. Procedural Background The plaintiff, Randall Corey Anderson, filed his original complaint in the Circuit Court of Jefferson County, Alabama, on February 11, 2016, alleging various claims...
MEMORANDUM OPINION ABDUL K. KALLON , District Judge . On December 6, 2016, the magistrate judge's report and recommendation was entered and the parties were allowed therein fourteen (14) days in which to file objections to the recommendations made by the magistrate judge. Doc. 13. On December 19, 2016, petitioner filed objections to the magistrate judge's report and recommendation. Doc. 14. After careful consideration of the record in this case, including the magistrate judge's report...
MEMORANDUM OPINION C. LYNWOOD SMITH, Jr. , District Judge . On July 12, 2016, the magistrate judge's report and recommendation was entered and the parties were allowed therein fourteen (14) days in which to file objections to the recommendations made by the magistrate judge. Petitioner sought and obtained two extensions of time in which to file objections, to September 12, 2016, and subsequently to October 27, 2016. On October 27, 2016, petitioner filed objections to the magistrate judge's...
MEMORANDUM OF OPINION L. SCOTT COOGLER , District Judge . Plaintiffs Rotisha Smith ("Smith") and Blackbelt Construction LLC ("Blackbelt") brought this action against Defendant State Farm Fire and Casualty Company ("State Farm") in Alabama state court, alleging claims for breach of contract, fraud/misrepresentation, and negligence/wantonness. State Farm removed the suit to this Court on April 8, 2016. Before this Court is Smith's Motion to Remand. (Doc. 16.) For the reasons stated herein,...
MEMORANDUM OPINION VIRGINIA EMERSON HOPKINS , District Judge . This civil action was originally filed on May 5, 2015, in the Circuit Court of Calhoun County by the Plaintiff, Ben Little, against the following Defendants: the City of Anniston, Alabama ("the City"); Gene D. Robinson, in his official capacity as the mayor of Anniston, Alabama; and Herbert N. Palmore, in his official capacity as a member of the City Council of Anniston, Alabama. 1 The Complaint sets out claims for "racial...
MEMORANDUM OPINION ABDUL K. KALLON , District Judge . Patrick Oliver filed this action against MONY Life Insurance Company ("MONY") and Disability Management Services, Inc. ("DMS"), alleging claims of fraud (Count I), suppression of material facts (Count II), breach of contract (Count III), bad faith failure to pay insurance (Count IV), negligence and wantonness (Count V), and trespass to property (Count VI). Doc. 1-1. Defendants timely removed the action to this court on the basis of...
MEMORANDUM OPINION This document relates to both tracks R. DAVID PROCTOR , UNITED STATES DISTRICT JUDGE . I. Introduction This case is before the court on five Motions to Dismiss ( e.g., Docs. # 208, 210, 211, 212, 213, Case No. 2:12-cv-02169-RDP) that have been filed by nine of the thirty-eight Defendant Blue Plans 1 (collectively referred to as "Moving Defendants"). In their motions, these nine Defendants contest personal jurisdiction over them with respect to the actions filed in...
MEMORANDUM OPINION AND ORDER KARON OWEN BOWDRE , CHIEF UNITED STATES DISTRICT JUDGE . Defendant John Robert Taylor has a history of schizophrenia, severe alcohol abuse, and numerous felony convictions. He lives in a van outside of Pickensville, Alabama without power or running water and is known to hear voices and speak to those voices. After an altercation in which Mr. Taylor attempted to fire a loaded gun at a police officer, the Government charged him as a felon in possession of a gun...
MEMORANDUM OPINION ABDUL K. KALLON , District Judge . Alonzo Lewis's amended complaint alleges violations of the Americans with Disabilities Act of 1990, 42 U.S.C. 12112 et seq. ("ADA"), retaliation under 42 U.S.C. 2000e-3(a), and violations of the Age Discrimination in Employment Act, 29 U.S.C. 623(a) ("ADEA"), against his former employers, United States Steel Corporation Fairfield Works and United States Steel Corporation, Pittsburgh, Pennsylvania (collectively, "U.S. Steel")....
MEMORANDUM OPINION VIRGINIA EMERSON HOPKINS , District Judge . I. INTRODUCTION AND PROCEDURAL HISTORY This case was originally filed on or about March 2, 2016, in the Circuit Court of Clay County by Plaintiffs Brandon Teague and Kami Teague ("the Teagues"). (Doc. 1-1 at 3-14). 1 Defendant Gas Fired Products, Inc. ("GFP") removed this case to federal court on April 8, 2016. (Doc. 1). On October 13, 2016, the Teagues filed an Amended Complaint (doc. 16) that incorporates "the original...
MEMORANDUM OPINION AND ORDER VIRGINIA EMERSON HOPKINS , District Judge . I. Introduction A Final Judgment and Order of Ejectment was entered in this action in favor of Plaintiff and against Defendant Michael Roberts ("Mr. Roberts") on December 12, 2016. (Doc. 28). The court acknowledges receipt of Mr. Roberts's communication to the clerk's office dated December 12, 2016, and filed on December 14, 2016. (Doc. 29). Within this document, Mr. Roberts indicates that he has evidence to support...
MEMORANDUM OPINION R. DAVID PROCTOR , District Judge . I. Introduction This case is before the court on Defendant's Motion to Dismiss Amended Complaint. (Doc. # 27). The parties have fully briefed the motion. (Docs. # 30, 32). In this case, Plaintiff alleges that Defendant discriminated against him by providing him bad service while cashing a check and requiring him to travel to three bank branches in order to receive the full sum owed to him. After careful review, and for the reasons...
MEMORANDUM ORDER DENYING DEFENDANT'S MOTION FOR BOND PENDING APPEAL BARBARA J. ROTHSTEIN , District Judge . This matter is before the Court on Defendant Jonathan Wade Dunning's Motion for Bond Pending Appeal. According to Defendant, he has satisfied the statutory requirements set forth in 18 U.S.C. 3143 and United States v. Giancola, 754 F.2d 898 (11th Cir. 1985). The Government opposes the motion arguing that Defendant has not met his burden under any of the statutory elements....
MEMORANDUM OPINION KARON OWEN BOWDRE , Chief District Judge . This matter is before the court on petitioner Lonzell Demetric Gowdy's "Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" (doc. 1); the Government's "Response to 2255 Motion" (doc. 4); and "Petitioner's Reply" (doc. 6). Pursuant to a plea agreement, Mr. Gowdy pled guilty on September 14, 2005, to conspiracy to distribute 500 grams or more of cocaine and a quantity of...
MEMORANDUM OPINION AND ORDER MADELINE HUGHES HAIKALA , District Judge . Pursuant to Rule 15 of the Federal Rules of Civil Procedure, plaintiff Huntsville Golf Development, Inc. (HGD) asks the Court for leave to amend its original complaint. (Doc. 90). The Court denies HGD's motion to amend because the proposed amendment would be futile. I. PROCEDURAL BACKGROUND 1 In its original complaint, HGD asserted claims for: (1) breach of contract against the Estate of Robert Brindley, Sr. (...
MEMORANDUM OPINION R. DAVID PROCTOR , District Judge . I. Introduction This case is before the court on Defendants' Special Report filed December 7, 2011 (Doc. # 20), Response to Court Order filed August 21, 2012 (Doc. # 39), and Response to Court Order filed November 17, 2015 (Doc. # 71). The court has construed these filings as motions for summary judgment. ( See Docs. # 24, 40, 73). Tommy James Gillentine ("Gillentine"), the deceased prisoner who initiated this action, responded to...
