REPORT AND RECOMMENDATION WILLIAM E. CASSADY, Magistrate Judge. The Plaintiff, Maurice Dixon, filed a Complaint in this Court on October 30, 2014 (doc. 1), along with a motion to proceed without prepayment of fees and costs (doc. 2). This action has been referred to the undersigned, in accordance with 28 U.S.C. 636(b)(1)(B) and Local Rule 72.2(c)(3), for appropriate action. For the reasons stated herein, it is recommended that the Court dismiss this action based upon Plaintiff's failure to...
REPORT AND RECOMMENDATION KATHERINE P. NELSON, Magistrate Judge. Plaintiff Rickie Lee Cloy ("Cloy"), proceeding pro se and in forma pauperis ( see Doc. 6), has brought this action asserting claims under 42 U.S.C. 1983. 1 Pursuant to SD ALA Local Rule 72.2(c)(4), this matter has been referred to the undersigned United States Magistrate Judge for entry of a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B)-(C) and Federal Rule of Civil Procedure 72(b). I. Procedural...
REPORT AND RECOMMENDATION SONJA F. BIVINS, Magistrate Judge. This case is before the Court on Plaintiff Matthew R. Balgord's Motion to Remand. (Doc. 14). The motion, which has been fully briefed and is ripe for resolution, has been referred to the undersigned for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 72.2(c). Upon consideration of all matters presented, the undersigned RECOMMENDS, for the reasons stated herein, that Plaintiff's Motion to Remand (...
REPORT AND RECOMMENDATION SONJA F. BIVINS, Magistrate Judge. This action is before the Court on Plaintiff's unopposed 1 Motion for Attorney Fees Under the Equal Access to Justice Act (EAJA) and Defendant's response thereto. (Docs. 17, 19). This action was referred to the undersigned Magistrate Judge for report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 72.2(c)(3). Upon consideration of the pertinent pleadings, it is the recommendation of the undersigned that...
REPORT AND RECOMMENDATION BERT W. MILLING, Jr., Magistrate Judge. This action under 42 U.S.C. 1983 brought by an Alabama prison inmate, Donald E. Gardner, III, proceeding pro se and in forma pauperis, was referred to the undersigned pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 72.2(c)(4), and is now before the Court on Plaintiff's Complaint (Doc. 9), and Defendants Sheriff Mack, Cpl. Johnson, Officer Rowell, Cpl. Robinson, Sgt. Means, and Officer Scott's Answer and Special Report....
REPORT AND RECOMMENDATION WILLIAM E. CASSADY, Magistrate Judge. This cause is before the Magistrate Judge for issuance of a report and recommendation, pursuant to 28 U.S.C. 636(b), on the complaint (Doc. 1, Exhibit A), the defendants' motion to dismiss and/or strike certain claims and brief in support thereof (Doc. 2), plaintiffs' response in opposition (Doc. 13), and the moving parties' reply (Doc. 15). Upon consideration of the foregoing pleadings, it is recommended that the Court GRANT...
ORDER CALLIE V. S. GRANADE, District Judge. After due and proper consideration of all issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) and dated December 10, 2014, is ADOPTED as the opinion of this Court. Accordingly, Defendants' Motion to Dismiss or Alternatively for More Definite Statement (Doc. 7) is GRANTED in part and DENIED in part. It is ORDERED that Defendants' Rule 12(b)(6)...
REPORT AND RECOMMENDATION KATHERINE P. NELSON, Magistrate Judge. Pending before the Court is the Defendants' "Motion to Dismiss or Alternatively for More Definite Statement" (Doc. 7) brought under Federal Rules of Civil Procedure 12(b)(6) and 12(e). The Plaintiff, Terra Betts ("Betts"), has timely filed a response in opposition (Doc. 12) to the motion, and the Defendants have timely filed a reply (Doc. 13) to the response. The motion is now under submission and is ripe for adjudication. ( See...
ORDER KRISTI K. DuBOSE, District Judge. This action is before the Court on the defendant's motion for reduction of sentence pursuant to 18 U.S.C. 3582(c)(2). (Doc. 41) Effective November 1, 2014, the United States Sentencing Commission enacted Amendment 782 to the United States Sentencing Guidelines. In general, Amendment 782 reduces the base offense levels assigned to particular controlled substance quantities in the Drug Quantity Table, U.S.S.G. 2D1.1(c), and thus operates to reduce...
ORDER KRISTI K. DuBOSE, District Judge. This action is before the Court on the defendant's motion for reduction of sentence pursuant to 18 U.S.C. 3582(c)(2). (Doc. 45) 1 Effective November 1, 2014, the United States Sentencing Commission enacted Amendment 782 to the United States Sentencing Guidelines. In general, Amendment 782 reduces the base offense levels assigned to particular controlled substance quantities in the Drug Quantity Table, U.S.S.G. 2D1.1(c), and thus operates to...
ORDER KRISTI K. DuBOSE, District Judge. This action is before the Court on the defendant Terry Ann Fredriksen's motion for reduction of sentence pursuant to 18 U.S.C. 3582(c)(2). (Doc. 66) Effective November 1, 2014, the United States Sentencing Commission enacted Amendment 782 to the United States Sentencing Guidelines. In general, Amendment 782 reduces the base offense levels assigned to particular controlled substance quantities in the Drug Quantity Table, U.S.S.G. 2D1.1(c), and thus...
ORDER KRISTI K. DuBOSE, District Judge. This action is before the Court on the defendant's motion for reduction of sentence pursuant to 18 U.S.C. 3582(c)(2). (Doc. 32) Effective November 1, 2014, the United States Sentencing Commission enacted Amendment 782 to the United States Sentencing Guidelines. In general, Amendment 782 reduces the base offense levels assigned to particular controlled substance quantities in the Drug Quantity Table, U.S.S.G. 2D1.1(c), and thus operates to reduce...
ORDER WILLIAM H. STEELE, Chief District Judge. This matter is before the Court on the defendant's motion to compel arbitration or, in the alternative, motion to transfer. (Doc. 3). The parties have jointly stipulated that the motion to compel arbitration should be granted. (Doc. 6 at 1). Accordingly, the motion to compel arbitration is granted. This matter is submitted to arbitration. The motion to transfer, since it seeks only alternative relief should arbitration not be compelled, is...
ORDER WILLIAM H. STEELE, Chief District Judge. In accordance with the parties' joint stipulation, (Doc. 43), all claims against defendant Continental Motors Pension Plan ("Continental") are dismissed without prejudice, each party to bear its own costs and attorney's fees. See Oswalt v. Scripto, Inc., 616 F.2d 191 , 194-95 (5 th Cir. 1980) (Rule 41(a)(1) governs dismissal of a single defendant). The parties' "stipulation of dismissal as to Count II" of the complaint, (Doc. 42), in...
ORDER WILLIAM H. STEELE, Chief District Judge. This matter is before the Court on the plaintiff's consent motion to alter or amend. (Doc. 149). The Court has by previous order granted the motion in part by extending by ten days the deadline for reinstating the action on the grounds the settlement agreement documentation has not been consummated. (Doc. 151). The motion states that the defendants have not yet made the payments required by the settlement agreement ("the Agreement") and that,...
ORDER KRISTI K. DuBOSE, District Judge. After due and proper consideration of the issues raised, and there having been no objections filed, the Report and Recommendation (Doc. 19) of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) and dated November 21, 2014, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the Petitioner's amended petition for habeas corpus relief under 28 U.S.C. 2254 (Doc. 7) is DENIED, that this action is DISMISSED with prejudice,...
ORDER WILLIAM H. STEELE, Chief District Judge. The Court by previous order agreed with the plaintiff that the defendants lacked an objectively reasonable basis for removing this action, such that the plaintiff was entitled to remand and an award of attorney's fees. (Doc. 6). The plaintiff has now submitted a fee petition with supporting affidavit, (Doc. 8), to which the defendants have objected. (Doc. 9). The defendants insist they had an objectively reasonable basis for removal. As the...
ORDER WILLIAM H. STEELE, Chief District Judge. This matter comes before the Court on plaintiff's Motion for Default and Default Judgment (doc. 30) against the in rem defendant, The Vessel SHADY LADY, Official No. 681969 (the "Vessel"). Plaintiff requests that this Court enter an order that both declares the Vessel to be in default and imposes a default judgment against such Vessel in the amount of $188,954.48. No certificate of service accompanied the Motion, and it appears that no notice...
ORDER WILLIAM H. STEELE, Chief District Judge. This matter comes before the Court on Ursula Allen's Motion for Summary Judgment (doc. 31). The Motion has been briefed and is now ripe. I. Factual Background. 1 The circumstances giving rise to this interpleader action are unfortunate. Back in December 2005, decedent Ulysses Allen applied for and received an Individual Fixed Deferred Annuity bearing contract number FX07102989 (the "Annuity") from John Hancock Life Insurance Company ("John...
ORDER KRISTI K. DuBOSE, District Judge. This action is before the Court on the Plaintiff WM Mobile Bay Environmental Center, Inc.'s motion for summary judgment, memorandum and exhibits (WM Mobile) (doc. 74, 80), defendant The City of Mobile Solid Waste Authority's (SWA) response in opposition and exhibits (doc. 96-98) and WM Mobile's reply and exhibits (doc. 99). Upon consideration and for the reasons set forth herein, the motion is denied in part and granted in part. This action is also...
