REPORT AND RECOMMENDATION WILLIAM E. CASSADY , Magistrate Judge . This action was filed by an Alabama state inmate and has been referred to the undersigned pursuant to 28 U.S.C. 636(b)(1)(B) and General L.R. 72(b) for appropriate action. It is recommended that this action be dismissed without prejudice for Plaintiff's failure to prosecute and to comply with the Court's order. Defendant Nunciata King, by and through counsel, filed her Answer (Doc. 19) and Special Report (Doc. 20) on June...
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)(1)(B) and S.D. Ala. Gen. L.R. 72(a)(2)(S), on Defendant Dewanna Deloach's Motion to Dismiss Plaintiff's Fourth Amended Complaint ("motion to dismiss"), (Doc. 157), which was filed on July 12, 2017, and Defendant Thomas Wesley's Motion to Dismiss Plaintiff's Fourth Amended Complaint ("motion to dismiss"), (...
REPORT AND RECOMMENDATION WILLIAM E. CASSADY , Magistrate Judge . This cause is before the Magistrate Judge, sua sponte, for issuance of a report and recommendation, pursuant to 28 U.S.C. 636(b) and S.D. Ala. Gen. L.R. 72(a)(2)(S), on the Court's August 25, 2017, Order, (Doc. 10). Upon consideration of the procedural background, it is recommended Plaintiff Miracle Washam's claims against Defendant Mike Eatman should be dismissed without prejudice for failure to perfect service...
SUPPLEMENTAL REPORT AND RECOMMENDATION KATHERINE P. NELSON , Magistrate Judge . Petitioner Garry Cleve Kraft ("Petitioner"), an Alabama prisoner proceeding pro se, has filed a petition for writ of habeas corpus under 28 U.S.C. 2254. (Doc. 1). The Court has referred the petition to the undersigned Magistrate Judge who, under S.D. Ala. GenLR 72(a)(2)(R), is authorized to require responses, issue orders to show cause and any other orders necessary to develop a complete record, and to...
REPORT AND RECOMMENDATION KATHERINE P. NELSON , Magistrate Judge . This matter is before the Court on pro se Petitioner Richard Nelson's Motion to Vacate, Set Aside, or Correct pursuant to U.S.C. 2255 and Petitioner's Response to the Court's Order to Show Cause. (Docs. 130 and 132). The motion has been referred to the undersigned Magistrate Judge who, under S.D. Ala. GenLR 72(a)(2)(R), is authorized to require responses, issue orders to show cause and any other orders necessary to...
DEFAULT JUDGMENT WILLIAM H. STEELE , District Judge . In accordance with the separate Order entered on this date, it is ordered, adjudged and decreed that DEFAULT JUDGMENT be, and the same hereby is, entered in favor of plaintiff, the United States of America, and against defendant, William S. Poole, Jr., in the amount of $328,127.77 as of December 8, 2017, plus accruing interest and penalties according to law. DONE and ORDERED.
ORDER WILLIAM H. STEELE , District Judge . This matter comes before the Court on the Government's Motion for Entry of Default Judgment (doc. 12). Defendant has repeatedly been placed on notice of the ongoing default proceedings against him, including the Clerk's Entry of Default and the Government's Motion itself; however, he has elected not to respond. I. Background. On August 18, 2017, the United States of America filed a Complaint (doc. 1) against defendant, William S. Poole, Jr., in...
ORDER WILLIAM H. STEELE , District Judge . This matter comes before the court on the Motion to Set Aside Entry of Default (doc. 26) and Amended Motion to Set Aside Entry of Default (doc. 27) filed by defendant David Nichols d/b/a Nichols Contracting, LLC ("Nichols"). I. Background. On August 4, 2017, plaintiff, Santana Reese, filed a Complaint (doc. 1) against Nichols and Belfor USA Group, alleging claims of employment discrimination and retaliation in violation of Title VII of the Civil...
ORDER WILLIAM H. STEELE , District Judge . This closed matter comes before the Court on defendant's Bill of Costs (doc. 52). The costs for which defendant seeks reimbursement consist of $993.35 in court reporter fees spanning four depositions, and $23.10 in photocopy charges, for a total of $1,016.45. Plaintiff, Kenneth Isaac, brought this action against defendant, Wal-Mart Stores East, LP, asserting claims of disability discrimination and retaliation under the Americans with Disabilities...
ORDER WILLIAM H. STEELE , District Judge . This matter comes before the Court on defendant Kem-Bonds, Inc.'s Motion for Partial Summary Judgment (doc. 37). The Motion has been briefed and is now ripe for disposition. I. Background Facts. The basic facts giving rise to this dispute have not been controverted for purposes of the present Motion. Plaintiff, SSAB Alabama, Inc., operates a recycling steel mill in Axis, Alabama. During the steel-making process, SSAB utilizes a product known as...
JUDGMENT WILLIAM E. CASSADY , Magistrate Judge . In accordance with the memorandum opinion and order entered on this date, it is hereby ORDERED, ADJUDGED, and DECREED the decision of the Commissioner of Social Security denying plaintiff benefits be reversed and remanded pursuant to sentence four of 42 U.S.C. 405(g), see Melkonyan v. Sullivan, 501 U.S. 89 , 111 S.Ct. 2157, 115 L. Ed. 2d 78 (1991), for further proceedings consistent with this decision. The remand pursuant to...
ORDER WILLIAM E. CASSADY , Magistrate Judge . In accordance with the memorandum opinion and order entered on this date, it is hereby ORDERED, ADJUDGED, and DECREED Defendant Alabama & Gulf Coast Railway, LLC's, ("AGCR") Motion for Summary Judgment, (Doc. 48), is GRANTED and Plaintiff Willie Turner's claims against Defendant AGCR are DISMISSED WITH PREJUDICE, and Plaintiff Turner's Motion and Incorporated Memorandum to Strike Exhibits Submitted in Support of Defendant's Motion for...
ORDER WILLIAM H. STEELE , District Judge . This matter comes before the Court on defendant Ameri-Force Craft Services, Inc.'s Motion to Dismiss (doc. 11). The Motion has been briefed and is now ripe for disposition. 1 Also pending is defendant Austal USA, LLC's derivative Motion for Judgment on the Pleadings (doc. 25), which has also been briefed. I. Background. Plaintiff, Christopher D. Craighead, brought this sexual harassment/retaliation action against defendants, Austal USA, LLC and...
MEMORANDUM OPINION AND ORDER WILLIAM E. CASSADY , Magistrate Judge . Social Security Claimant/Plaintiff Pamela Carniece Todd brought this action under 42 U.S.C. 405(g) and 1383(c)(3) seeking judicial review of a final decision of the Defendant Commissioner of Social Security (the "Commissioner") denying her applications for a period of disability ("PoD") and disability insurance benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 401, et seq., and supplemental...
MEMORANDUM ORDER AND OPINION WILLIAM E. CASSADY , UNITED STATES MAGISTRATE JUDGE This matter is before the Court on Defendant Alabama & Gulf Coast Railway, LLC's, ("AGCR") Motion for Summary Judgment, (Doc. 48), and Brief in Support of Motion for Summary Judgment, (Doc. 49), (collectively, "motion for summary judgment"), which were filed on September 20, 2017, and Plaintiff Willie Turner, Jr.'s, Motion and Incorporated Memorandum to Strike Exhibits Submitted in Support of Defendant's...
ORDER KRISTI K. DuBOSE , Chief District Judge . After due and proper consideration of the issues raised, and there having been no objections filed, the Report and Recommendations (Doc. 24) of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B)-(C), Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a)(2)(S), and dated December 1, 2017, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the Defendants' Motion to Dismiss for Failure to Prosecute (...
REPORT AND RECOMMENDATIONS KATHERINE P. NELSON , Magistrate Judge . This action is before the Court on the Motion to Dismiss for Failure to Prosecute (Doc. 19) filed by the Defendants/Counterclaimants ("Defendants"). The Court has referred the motion to the undersigned Magistrate Judge for appropriate action under 28 U.S.C. 636(a)-(b), Federal Rule of Civil Procedure 72, and S.D. Ala. GenLR 72(a). See S.D. Ala. GenLR 72(b); (11/1/2017 electronic referral). On October 16, 2017, the...
JUDGMENT WILLIAM H. STEELE , District Judge . It is ORDERED, ADJUDGED, and DECREED that this action be and is hereby DISMISSED without prejudice.
ORDER WILLIAM H. STEELE , District Judge . After due and proper consideration of all portions of this file deemed relevant to the issue 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) is ADOPTED as the opinion of this court. It is ORDERED that this action be and is hereby DISMISSED without prejudice for failure to prosecute and to obey the Court's order.
JUDGMENT WILLIAM H. STEELE , District Judge . It is ORDERED, ADJUDGED, and DECREED that Plaintiff's complaint be DISMISSED for failure to prosecute and obey the Court's orders.
