REPORT AND RECOMMENDATION BERT W. MILLING, Jr. , Magistrate Judge . Christopher Paul Capocci, a state inmate in the custody of Respondent, petitions this Court for federal habeas corpus relief pursuant to 28 U.S.C. 2254. (Doc. 1.) The petition has been referred to the undersigned for report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B) and S.D. Ala. GenLR 72, and Rule 8 of the Rules Governing Section 2254 Cases. The undersigned has conducted a careful review of the record and...
REPORT AND RECOMMENDATION KATHERINE P. NELSON , Magistrate Judge . Petitioner, Michael Lowe Palmer, a federal inmate proceeding pro se, filed the instant case alleging violations under 28 U.S.C. 2255 (Doc. 220). This case was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and S.D. Ala. Gen. LR 72(a)(2)(R) for appropriate action. Because Petitioner has failed to comply with the Court's Orders dated June 23, 2016, and November 10, 2016 (Docs. 221 and...
REPORT AND RECOMMENDATION WILLIAM E. CASSADY , Magistrate Judge . This cause is before the Court on plaintiffs/counterclaim defendants' motion to dismiss counts two and three of defendants/counterclaimants' permissive counterclaim complaint (Doc. 135; see also Doc. 136), the defendants/counterclaim plaintiffs' response in opposition (Doc. 140), and the moving parties' reply (Doc. 142). Upon consideration of the foregoing documents (with attachments), as well as the extensive oral...
REPORT AND RECOMMENDATION BERT W. MILLING, Jr. , Magistrate Judge . Plaintiff Andrew Baker brings this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3), seeking judicial review of a final decision of the Commissioner of Social Security denying his applications for supplemental security income ("SSI") and child's insurance benefits ("CIB"). This action has been referred to the undersigned for report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B) and S.D. Ala. GenLR 72. The...
REPORT AND RECOMMENDATION WILLIAM E. CASSADY , Magistrate Judge . This cause is before the Court for entry of a report and recommendation, pursuant to 28 U.S.C. 636(b)(1)(B) and Rule 54(d)(2)(D) of the Federal Rules of Civil Procedure, on plaintiff's application for an award of attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. (Doc. 19.) Upon consideration of all pertinent materials contained in this file, it is determined that plaintiff should receive a...
ORDER KRISTI K. DuBOSE , District Judge . This matter is before the Court on Appellant Beach Community Bank's ("the Bank") appeal of the United States Bankruptcy Court's September 1, 2016 decision granting judgment for the Debtor, Appellee Julie Johnson, on the Bank's Adversary Complaint objecting to the Debtor's discharge pursuant to 11 U.S.C. 727(a)(4). (See Doc. 12 at 5). The Court has reviewed the decision (Doc. 7), the record, and the accompanying briefing (Docs. 12, 14, and 15)....
ORDER WILLIAM H. STEELE , Chief District Judge . This matter comes before the Court on defendants' Motion to Continue (doc. 102) and Renewed Motion to Stay (doc. 107), as well as their Supplement to Defendants' Motion to Continue (doc. 114). The Motions have been briefed and are ripe for disposition. I. Background. Plaintiff, SE Property Holdings, LLC ("SEPH"), brought this fraudulent transfer action against defendants nearly two years ago. The First Amended Complaint (doc. 55) alleges...
JUDGMENT WILLIAM H. STEELE , Chief District Judge . In accordance with the Order entered this date, it is ORDERED, ADJUDGED, and DECREED that Petitioner John Willie Malone, Jr.'s petition for habeas corpus relief under 28 U.S.C. 2254 (Doc. 4) this action is DISMISSED with prejudice. Petitioner is not entitled to a certificate of appealability, or to appeal in forma pauperis. DONE and ORDERED.
ORDER WILLIAM H. STEELE , Chief District Judge . After due and proper consideration of the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B), is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Petitioner John Willie Malone, Jr.'s petition for habeas corpus relief under 28 U.S.C. 2254 (Doc. 4) is DENIED and...
ORDER WILLIAM H. STEELE , Chief District Judge . This matter comes before the Court on plaintiff's Motion for Partial Summary Judgment (doc. 90). The Motion has been briefed and is ripe for disposition. I. Background. A. Nature of the Case. Plaintiff, SE Property Holdings, LLC ("SEPH"), brought this fraudulent transfer action seeking to have certain transfers of property made by Charles Trammell and Belinda Trammell (collectively, the "Trammells") set aside and declared null and void...
REPORT AND RECOMMENDATION SONJA F. BIVINS , Magistrate Judge . This case is before the Court on Defendant Johnson and Johnson's Motion to Dismiss (Doc. 19). The motion, which has been fully briefed and is ripe for resolution, has been referred to the undersigned magistrate judge for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B) and S.D. Ala. CivLR 72(a)(2)(S). Upon consideration of all matters presented, the undersigned RECOMMENDS, for the reasons stated herein, that...
REPORT AND RECOMMENDATION BERT W. MILLING, Jr. , Magistrate Judge . This action is before the Court on the Motion for Summary Judgment (Docs. 13, 14) filed by Defendant Sam Cochran under Federal Rule of Civil Procedure 56. This Motion has been referred to the undersigned pursuant to 28 U.S.C. 636(b)(1)(B) and S.D. Ala. GenLR 72. Plaintiff has filed a Response in Opposition (Doc. 17). After careful consideration of the record, it is recommended that the Motion for Summary Judgment be...
ORDER KRISTI K. DuBOSE , District Judge . After due and proper consideration of all portions of this file deemed relevant to the 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 7, 2016, is ADOPTED as the opinion of this Court. As such, it is ORDERED that: Plaintiff's Motion to Remand (Doc. 7) is DENIED ; Defendant's Motion to Transfer is DENIED (Doc. 2); the AVA...
REPORT AND RECOMMENDATION SONJA F. BIVINS , Magistrate Judge . This case is before the Court on Plaintiff Vascular Ventures, LLC's Motion to Remand (Doc. 7), Defendant American Vascular Access, LLC's Motion to Transfer (Doc. 2), the "AVA Affiliates" and "Nominal" Defendants' 1 Motion to Dismiss for Lack of Personal Jurisdiction (Doc. 3), and Defendants American Vascular Access, LLC and Janet R. Dees' Motion to Dismiss for Failure to State a Claim. (Doc. 4). The motions, which have been...
REPORT AND RECOMMENDATION WILLIAM E. CASSADY , Magistrate Judge . This matter is before the Magistrate Judge for issuance of a report and recommendation, pursuant to 28 U.S.C. 636(b) and General Local Rule 72(a)(2)(S), on the notice of removal (Doc. 1), plaintiff's motion to remand (Doc. 8), as supplemented (Doc. 10), defendant Liberty Mutual Insurance Company's 1 response in opposition (Doc. 11), 2 and plaintiff's reply to the response in opposition (Doc. 14) 3 . 4 Based upon a...
ORDER RETAINING JURISDICTION TO ENFORCE SETTLEMENT AGREEMENT AND DISMISSING CASE CALLIE V. S. GRANADE , Senior District Judge . Upon the Joint Motion for Order Retaining Jurisdiction to Enforce Settlement Agreement and Stipulation of Dismissal (Doc. 53 in 1;15-cv-0591-CG-C, Doc. 37 in 1:16-cv-0012-CG-C, Doc. 52 in 1:16-0259-CG-C), the Court hereby dismisses this action with prejudice, but retains jurisdiction of this matter to enforce the settlement agreement, including the entry of a...
ORDER AND MEMORANDUM OPINION CALLIE V. S. GRANADE , Senior District Judge . This matter is before the Court on dual motions to dismiss the second superseding indictment, in part, 1 filed by Defendant Xiulu Ruan, M.D. ("Dr. Ruan") (Doc. 374) and Defendant John Patrick Couch, M.D. ("Dr. Couch) (Doc. 378). 2 The Government filed an objection thereto. (Doc. 392). Additionally, the Court has before it a motion to dismiss certain counts within the Indictment or, alternatively, motion for bill...
ORDER CALLIE V. S. GRANADE , Senior District Judge . This matter is before the Court on Interpleader Plaintiff, Metropolitan Life Insurance Company's ("MetLife") "Motion for Leave to Interplead Funds." (Doc. 32). Having considered the motion, the Court finds as follows: 1. MetLife filed an interpleader complaint because Defendants made conflicting claims for the life benefits of Decedent Edward Burrell under the Chrysler Basic Life Insurance Plan, an ERISA-regulated employee benefit plan...
ORDER KRISTI K. DuBOSE , District Judge . This action is before the Court on Plaintiff Matthew Joseph Lischke's Motion to Dismiss Certain Counts in the Amended Complaint (doc. 34). Plaintiff moves the Court to voluntarily dismiss Counts Five, Six and Seven against the remaining Defendants Corizon, Inc. and Dr. Timothy Iliff. 1 The Court of Appeals for the Eleventh Circuit has explained that when a plaintiff seeks to dismiss a claim against a defendant but not the entire cause of action,...
MEMORANDUM OPINION AND ORDER WILLIAM E. CASSADY , Magistrate Judge . Plaintiff brings this action, pursuant to 42 U.S.C. 405(g), seeking judicial review of a final decision of the Commissioner of Social Security denying her claim for a period of disability and disability insurance benefits. The parties have consented to the exercise of jurisdiction by the Magistrate Judge, pursuant to 28 U.S.C. 636(c), for all proceedings in this Court. (Docs. 18 & 19 ("In accordance with provisions...
