PROPOSED FINDINGS AND RECOMMENDATIONS JEROME T. KEARNEY , Magistrate Judge . INSTRUCTIONS The following recommended disposition has been sent to United States District Court Judge J. Leon Holmes. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An...
RECOMMENDED DISPOSITION BETH DEERE , Magistrate Judge . I. Procedure for Filing Objections The following Recommended Disposition ("Recommendation") has been sent to Judge D.P. Marshall Jr. Any party may file written objections with the Clerk of Court within fourteen (14) days of filing this Recommendation. Objections must be specific and must include the factual or legal basis for the objection. An objection to a factual finding must identify the finding of fact believed to be wrong...
RECOMMENDED DISPOSITION J. THOMAS RAY , Magistrate Judge . INSTRUCTIONS The following Recommended Disposition ("Recommendation") has been sent to United States District Judge Billy Roy Wilson. You may file written objections to all or part of this Recommendation. If you do so, those objections must: (1) specifically explain the factual and/or legal basis for your objection; and (2) be received by the Clerk of this Court within fourteen (14) days of this Recommendation. By not objecting,...
ORDER D.P. MARSHALL, Jr. , District Judge . 1. Helena Chemical Company seeks judgment against Brian and Stacy Roedel for breach of contract. Brian Roedel took out a commercial credit line with Helena Chemical in early 2014, and personally guarantied payment. Using the line, he bought agricultural inputs from Helena Chemical. He defaulted. The unpaid principal amount was $307,459.13; finance charges of $43,879.06 also accrued. N o 1 at 9. After Helena Chemical demanded payment,...
RECOMMENDED DISPOSITION BETH DEERE , Magistrate Judge . I. Procedures for Filing Objections: This Recommended Disposition ("Recommendation") has been sent to Judge James M. Moody Jr. Any party may file written objections to this Recommendation. All objections must be specific and must include the factual or legal basis for the objection. To be considered, objections must be received in the office of the Court Clerk within fourteen (14) days of this Recommendation. If no objections...
OPINION AND ORDER J. LEON HOLMES , District Judge . Curtis Earl Evans, Jr., has filed a pro se motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255, arguing that his lawyer was ineffective. On June 4, 2015, Evans waived indictment and pleaded guilty to one count of possession of stolen firearms in violation of 18 U.S.C. 922(j) pursuant to a an 11(c)(1)(B) 1 plea agreement. The Court sentenced Evans to 120 months imprisonment and three years supervised release,...
ORDER D.P. MARSHALL, Jr. , District Judge . 1. Unopposed recommendation, N o 85, adopted. FED. R. CIV. P. 72(b) (1983 addition to advisory committee notes). Burgess's motion for summary judgment, N o 69, is denied. Bailey, Counts, and Hanney's joint motion for summary judgment, N o 70, is granted. All Burgess's claims against them are dismissed with prejudice. Defendant Sherrod's motion for summary judgment, N o 74, is denied. 2. The Court will hold a bench trial...
OPINION AND ORDER J. LEON HOLMES , UNITED STATES DISTRICT JUDGE . Roy Lee Edmond moved to Arkansas from California in 1996. In 2001, he was directed to register in Arkansas as a sex offender and did so. He brings this action pursuant to 42 U.S.C. 1983 alleging that the defendants violated various protections of the United States Constitution by requiring him to register as a sex offender under the Arkansas Sex Offender Registration Act, Ark. Code Ann. 12-12-901 et seq. Edmond...
FINAL JUDGMENT BILLY ROY WILSON , District Judge . Based on the December 14, 2016, Order granting Defendant's Motion for Summary Judgment on Laches and Equitable Estoppel and Defendant's stipulation of dismissal of counterclaims, 1 it is ORDERED AND ADJUDGED that: 1. Final Judgment is entered on behalf of Defendant and against Plaintiff as to all claims in Plaintiff's complaint. 2. Defendant's counterclaims for declaratory judgments of non-infringement and invalidity of U.S. Patent No....
JUDGMENT JEROME T. KEARNEY , Magistrate Judge . Consistent with the Order that was entered on this day, it is CONSIDERED, ORDERED, and ADJUDGED that this case is DISMISSED with prejudice. Judgment is entered in favor of the Commissioner.
ORDER JEROME T. KEARNEY , Magistrate Judge . I. Introduction: Plaintiff, James J. Phelps, applied for disability benefits on November 6, 2012, alleging a disability onset date of August 15, 2012. (Tr. at 10). After conducting a hearing, the Administrative Law Judge ("ALJ") denied his application. (Tr. at 19). The Appeals Council denied his request for review. (Tr. at 1). The ALJ's decision now stands as the final decision of the Commissioner, and Phelps has requested judicial review....
JUDGMENT SUSAN WEBBER WRIGHT , District Judge . Pursuant to the Opinion and Order entered in this matter on this date, it is CONSIDERED, ORDERED, and ADJUDGED that this complaint be and is hereby dismissed with prejudice.
OPINION and ORDER SUSAN WEBBER WRIGHT , District Judge . Emily Smith ("Mrs. Smith") and Joseph Smith ("Mr. Smith") bring this action under federal civil rights laws, 42 U.S.C. 1983, 1985, and 1986, charging that the City of Pangburn ("City"), Pangburn police officer John Fenton ("Fenton"), and Arkansas State Trooper Chad Conder ("Conder") violated their constitutional rights. Plaintiffs sue Fenton and Conder in their individual and official capacities, and they bring supplemental state-...
ORDER D. P. MARSHALL, Jr. , District Judge . 1. GM's motion for summary judgment is denied without prejudice to renewal at trial. The issue is close. But things add up: Moss's testimony that he wasn't speeding; his prior experience with the steering locking up; GM's post-accident recall notice; and Moss's excited utterance about a steering problem right before the crash. All this — accepted as the truth, in combination, and with inferences taken in Moss's favor — is sufficient to support...
ORDER D.P. MARSHALL, Jr. , District Judge . 1. On de nova review, the Court adopts the recommendation as modified, No. 10, and overrules Smith's objections, No. 11. FED. R. CIV. P. 72(b)(3). 2. The Court believes the Magistrate Judge's fallback position—that the statute of limitations was tolled during the ninety days allowed to lodge the appellate record—is the correct one. No. 10 at 5; Mills v. Norris, 187 F.3d 881 , 884 (8th Cir. 1999). Smith believes his petition to correct...
RECOMMENDED DISPOSITION BETH DEERE , Magistrate Judge . I. Procedure for Filing Objections This Recommended Disposition ("Recommendation") has been sent to Judge James M. Moody Jr. Written objections may be filed by any party in response to this Recommendation. If you file objections, they must be specific and must include the factual or legal basis for your objection. Your objections must be received in the office of the United States District Court Clerk within fourteen (14) days...
PROPOSED FINDINGS AND RECOMMENDATION INSTRUCTIONS PATRICIA S. HARRIS , Magistrate Judge . The following recommended disposition has been sent to United States District Court Judge Brian S. Miller. You may file written objections to all or part of this Recommendation. If you do so, those objections must: (1) specifically explain the factual and/or legal basis for your objection; and (2) be received by the Clerk of this Court Clerk within fourteen (14) days of this Recommendation. By not...
ORDER REMANDING TO THE COMMISSIONER J. THOMAS RAY , Magistrate Judge . Lyneal Manning ("Manning") applied for social security disability benefits with an alleged disability onset date of September 4, 2012. (R. at 41). After a hearing, the administrative law judge ("ALJ") denied Manning's application. (R. at 17). The Appeals Council denied Manning's request for review. (R. at 1).The ALJ's decision now stands as the Commissioner's final decision, and Manning has requested judicial review. 1...
ORDER JAMES M. MOODY, Jr. , District Judge . The Court has received findings and a recommendation from Magistrate Judge Patricia S. Harris. No objections have been filed. After a careful, de novo review of the record, the Court concludes that the findings and recommendation should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. The defendants' motion to dismiss is denied. See Document 13. IT IS SO ORDERED.
PROPOSED FINDINGS AND RECOMMENDATIONS JOE J. VOLPE , Magistrate Judge . INSTRUCTIONS The following recommended disposition has been sent to United States District Judge James M. Moody, Jr. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original...
