REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY SONJA F. BIVINS , Magistrate Judge . The Defendant, William James Marrow, Jr., by consent, appeared before the undersigned Magistrate Judge pursuant to Rule 11 of the Federal Rules of Criminal Procedure, and has entered a plea of guilty to Count One of the Indictment on 12/18/19. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, the undersigned determined that the guilty plea...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY SONJA F. BIVINS , Magistrate Judge . The Defendant, Jon-Michael Murray Ratliff, by consent, appeared before the undersigned Magistrate Judge pursuant to Rule 11 of the Federal Rules of Criminal Procedure, and has entered a plea of guilty to Count One of the Indictment on 12/18/19. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, the undersigned determined that the guilty plea...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY SONJA F. BIVINS , Magistrate Judge . The Defendant, Justin O'Brien Moore, by consent, appeared before the undersigned Magistrate Judge pursuant to Rule 11 of the Federal Rules of Criminal Procedure, and has entered a plea of guilty to Count One of the Indictment on 12/18/19. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, the undersigned determined that the guilty plea was...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY SONJA F. BIVINS , Magistrate Judge . The Defendant, Johnathan Edward Eckhoff, by consent, appeared before the undersigned Magistrate Judge pursuant to Rule 11 of the Federal Rules of Criminal Procedure, and has entered a plea of guilty to Count One of the Indictment on 12/18/19. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, the undersigned determined that the guilty plea...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY SONJA F. BIVINS , Magistrate Judge . The Defendant, Timothy Terrell Felder, by consent, appeared before the undersigned Magistrate Judge pursuant to Rule 11 of the Federal Rules of Criminal Procedure, and has entered a plea of guilty to Count One of the Indictment on 12/16/19. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, the undersigned determined that the guilty plea was...
REPORT AND RECOMMENDATIONS KATHERINE P. NELSON , Magistrate Judge . Petitioner Derrick McMillian, an Alabama prisoner proceeding without counsel ( pro se ), initiated his action by filing a petition for a writ of habeas corpus under 28 U.S.C. 2254 (Doc. 1) dated September 11, 2019, challenging a criminal judgment entered against him in June 2019 on a charge of reckless endangerment by the Municipal Court of the City of Mobile, Alabama (Docket No. C017000705, Case Citation No. CL024871-...
ORDER WILLIAM H. STEELE , District Judge . This matter comes before the Court on the Joint Stipulation of Dismissal (doc. 22), signed by all parties that have appeared in this action, by and through their respective counsel. The Stipulation reflects that the parties mutually request and consent to the dismissal with prejudice of this action in its entirety, with each side to bear his or its own costs and attorney's fees. Pursuant to Rule 41(a)(1)(A)(ii), Fed.R.Civ.P., a plaintiff may...
ORDER TERRY F. MOORER , District Judge . Pending before the Court is the parties' Stipulation of Dismissal With Prejudice, filed December 18, 2019, in which the parties jointly agree to dismiss all claims against Defendants with prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) with each party to bear its own costs. Doc. 21. The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court "by filing a notice of dismissal before the...
ORDER TERRY F. MOORER , District Judge . Pending before the Court is the parties' Stipulation of Dismissal With Prejudice, filed December 27, 2019, in which the parties jointly agree to dismiss all claims against Defendants with prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) with each party to bear its own costs. Doc. 21. The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court "by filing a notice of dismissal before the...
JUDGMENT CALLIE V.S. GRANADE , Senior District Judge . In accordance with the Order entered this date, it is ORDERED, ADJUDGED, and DECREED that this action is DISMISSED without prejudice to allow Pritchard to pursue and exhaust available state remedies. The Court finds that Pritchard is not entitled to a certificate of appealability and is not entitled to proceed in forma pauperis on appeal. DONE and ORDERED.
ORDER TERRY F. MOORER , District Judge . Pending before the Court is the parties' Stipulation of Dismissal With Prejudice, filed December 27, 2019, in which the parties jointly agree to dismiss all claims against Defendants with prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) with each party to bear its own costs. Doc. 19. The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court "by filing a notice of dismissal before the...
ORDER TERRY F. MOORER , District Judge . Pending before the Court is the parties' Stipulation of Dismissal With Prejudice, filed December 18, 2019, in which the parties jointly agree to dismiss all claims against Defendants with prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) with each party to bear its own costs. Doc. 26. The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court "by filing a notice of dismissal before the...
ORDER CALLIE V.S. GRANADE , Senior District Judge . After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) and S.D. Ala. GenLR 72(2)(R) is ADOPTED as the opinion of this Court. DONE and ORDERED.
ORDER TERRY F. MOORER , District Judge . Pending before the Court is the parties' Stipulation of Dismissal With Prejudice, filed December 18, 2019, in which the parties jointly agree to dismiss all claims against Defendants with prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) with each party to bear its own costs. Doc. 20. The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court "by filing a notice of dismissal before the...
JUDGMENT P. BRADLEY MURRAY , Magistrate Judge . In accordance with the memorandum opinion and order entered on this date, it is hereby ORDERED, ADJUDGED, and DECREED that Plaintiff be awarded attorney's fees in the amount of $2,118.71 under the Equal Access to Justice Act, representing compensation for 10.65 hours of service by William T. Coplin, Jr., Esquire, at the cost-of-living-adjusted rate of $198.94, as well as court costs of $400.00 and expenses of $20.85; the total EAJA award...
ORDER TERRY F. MOORER , District Judge . Pending before the Court is the parties' Stipulation of Dismissal With Prejudice, filed December 18, 2019, in which the parties jointly agree to dismiss all claims against Defendants with prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) with each party to bear its own costs. Doc. 19. The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court "by filing a notice of dismissal before the...
ORDER TERRY F. MOORER , District Judge . Pending before the Court is the parties' Stipulation of Dismissal With Prejudice, filed December 18, 2019, in which the parties jointly agree to dismiss all claims against Defendants with prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) with each party to bear its own costs. Doc. 20. The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court "by filing a notice of dismissal before the...
ORDER TERRY F. MOORER , District Judge . Pending before the Court is the parties' Stipulation of Dismissal With Prejudice, filed December 19, 2019, in which the parties jointly agree to dismiss all claims against Defendants with prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) with each party to bear its own costs. Doc. 21. The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court "by filing a notice of dismissal before the...
ORDER TERRY F. MOORER , District Judge . Pending before the Court is the parties' Stipulation of Dismissal With Prejudice, filed December 18, 2019, in which the parties jointly agree to dismiss all claims against Defendants with prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) with each party to bear its own costs. Doc. 20. The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court "by filing a notice of dismissal before the...
ORDER WILLIAM H. STEELE , District Judge . This matter is before the Court on the plaintiff's motion for summary judgment. (Doc. 32). The parties have filed briefs and evidentiary materials in support of their respective positions, (Docs. 32-33, 37-39), and the motion is ripe for resolution. The plaintiff sold materials to the predecessors of the entity defendant ("7 General") pursuant to certain trade credit applications ("the TCAs"). Defendants Toni Mason ("Toni") and Tally White ("...
