MEMORANDUM OPINION AND ORDER TIMOTHY L. BROOKS , District Judge . Currently before the Court are: • Defendant Wal-Mart Stores Arkansas, LLC's ("Walmart") Motion for Summary Judgment (Doc. 44), Brief in Support (Doc. 45), and Statement of Facts (Doc. 46); Plaintiff Krystal Megan Delima's Response in Opposition (Doc. 49), Brief in Support (Doc. 50), Statement of Facts (Doc. 54), and Statement of Disputed Facts (Doc. 55); and Walmart's Reply (Doc. 56); • Ms. Delima's Motion to Strike...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT , Magistrate Judge . Before this Court is Plaintiff, Kyomi Postley's, Motion To Dismiss Minor Plaintiffs. ECF No. 59. Separate Defendants Housing Authority of the City of Hot Springs, Arkansas ("HSHA") and Richard Herrington, in his official and individual capacities ("Herrington"), filed a response to this motion. ECF No. 60. Pursuant to the provisions of 28 U.S.C. 636(b)(1) and (3) (2005), the Honorable...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT , Magistrate Judge . Seth W. Fritschie ("Plaintiff") brings this action pursuant to 205(g) of Title II of the Social Security Act ("The Act"), 42 U.S.C. 405(g) (2010), seeking judicial review of a final decision of the Commissioner of the Social Security Administration ("SSA") denying his application for Disability Insurance Benefits ("DIB") and a period of disability under Title II of the Act. Pursuant...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARK E. FORD , Magistrate Judge . Plaintiff, Sheri L. Tilley, brings this action pursuant to 42 U.S.C. 405(g) seeking judicial review of a decision of the Commissioner of Social Security Administration (the "Commissioner") denying her claim for a period of disability, disability insurance benefits ("DIB") and supplemental security income ("SSI") under the provisions of Titles II and XVI of the Social Security Act (the "Act"). In this judicial...
ORDER P.K. HOLMES, III , Chief District Judge . Plaintiff proceeds in this matter pro se and in forma pauperis pursuant to 42 U.S.C. 1983. Currently before the Court is Plaintiff's Motion for Leave to Appeal in forma pauperis ("IFP") (ECF No. 31) and Defendants' Motion to Stay (ECF No. 32). I. BACKGROUND Plaintiff filed a Notice of Appeal (ECF No. 28) concerning an Order entered by the Court on October 25, 2018. (ECF No. 25). This Order denied Plaintiff's Motion to Compel (ECF...
ORDER MARK E. FORD , Magistrate Judge . Plaintiff, William Earl Harris, Jr., filed this action pro se pursuant to 42 U.S.C. 1983. (ECF No. 1). Plaintiff's application to proceed in forma pauperis was granted on March 29, 2018. (ECF No. 3). An Amended Complaint was filed on May 23, 2018. (ECF No. 10). Currently before the Court is Plaintiff's Motion to Extend his time to respond to Defendant's Motion for Summary Judgment. (ECF No. 32). In addition to an extension of time,...
ORDER BARRY A. BRYANT , Magistrate Judge . Plaintiff has submitted a Complaint for filing in this District, together with a request for leave to proceed in forma pauperis. After review, it is found that Plaintiff is unable to pay for the costs for commencement of suit, and accordingly, IT IS HEREBY ORDERED Plaintiff's Motion For Leave to Proceed in forma pauperis is GRANTED. Additionally, the Court hereby directs that a copy of the Complaint filed herein, along with a copy of this...
JUDGMENT P.K. HOLMES, III , Chief District Judge . Pursuant to the Order entered in this case on this date, IT IS CONSIDERED, ORDERED, and ADJUDGED that the decision of the Administrative Law Judge is AFFIRMED, and Plaintiff's Complaint is DISMISSED WITH PREJUDICE. IT IS SO ADJUDGED.
ORDER P.K. HOLMES, III , Chief District Judge . The Court has received proposed findings and recommendations (Doc. 16) from Chief United States Magistrate Judge Barry A. Bryant. There have been no objections. After careful review, the Court concludes that the findings and recommendations should be, and hereby are, approved and adopted as this Court's findings in all respects in their entirety. Judgment will be entered accordingly. IT IS SO ORDERED.
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT , Magistrate Judge . Connie Hughes ("Plaintiff") brings this action pursuant to 205(g) of Title II of the Social Security Act ("The Act"), 42 U.S.C. 405(g) (2010), seeking judicial review of a final decision of the Commissioner of the Social Security Administration ("SSA") denying her applications for Disability Insurance Benefits ("DIB"), Supplemental Security Income ("SSI"), and a period of disability...
ORDER BARRY A. BRYANT , Magistrate Judge . Plaintiff has submitted a Complaint for filing in this District, together with a request for leave to proceed in forma pauperis. After review, it is found that Plaintiff is unable to pay for the costs for commencement of suit, and accordingly, IT IS HEREBY ORDERED Plaintiff's Motion For Leave to Proceed in forma pauperis is GRANTED. Additionally, the Court hereby directs that a copy of the Complaint filed herein, along with a copy of this...
JUDGMENT SUSAN O. HICKEY , District Judge . Before the Court is Defendant's Motion to Dismiss that has been converted into a summary judgment motion. ECF No. 6. Plaintiff has filed a response. ECF No. 8. Defendant has filed a reply. ECF No. 12. Plaintiff has filed supplemental briefing. ECF No. 18. The Court finds this matter ripe for consideration. For the reasons set forth in the Memorandum Opinion of even date, the Court finds that Defendant's motion (ECF No. 6) should be and hereby...
MEMORANDUM OPINION SUSAN O. HICKEY , District Judge . Before the Court is Defendant's Motion to Dismiss. ECF No. 6. Plaintiff has filed a response. ECF No. 8. Defendant has filed a reply. ECF No. 12. Plaintiff has filed supplemental briefing with supporting exhibits. ECF No. 18. The Court finds this matter ripe for consideration. BACKGROUND Plaintiff filed her Complaint on June 8, 2018, alleging a cause of action under the Federal Tort Claims Act, 28 U.S.C. 2671, et seq. ECF No. 1,...
JUDGMENT BARRY A. BRYANT , Magistrate Judge . For reasons stated in a memorandum opinion of this date, I hereby reverse the decision of the Commissioner and remand this case for further consideration pursuant to sentence four of 42 U.S.C. 405(g). If plaintiff wishes to request an award of attorney's fees and costs under the Equal Access to Justice Act (EAJA) 28 U.S.C. 2412, an application may be filed up to thirty (30) days after the judgment becomes "not appealable" i.e., thirty (30)...
MEMORANDUM OPINION BARRY A. BRYANT , Magistrate Judge . Leticia Bennett ("Plaintiff") brings this action pursuant to 205(g) of Title II of the Social Security Act ("The Act"), 42 U.S.C. 405(g) (2010), seeking judicial review of a final decision of the Commissioner of the Social Security Administration ("SSA") denying her application for Disability Insurance Benefits ("DIB") under Title II of the Act. The Parties have consented to the jurisdiction of a magistrate judge to conduct any...
ORDER SUSAN O. HICKEY , District Judge . Before the Court is a Joint Motion to Dismiss. ECF No. 16. The parties move the Court for an order dismissing with prejudice all claims in this case. The parties state that they have resolved all issues in this case. Accordingly, the Court finds that Plaintiff's complaint and Intervenor's complaint should be and hereby is DISMISSED WITH PREJUDICE subject to the terms of the settlement agreement. IT IS ORDERED that if any party desires that the...
MEMORANDUM OPINION P.K. HOLMES, III , Chief District Judge . This is a civil rights action filed pro se by Plaintiff, James L. Toney, under 42 U.S.C. 1983. Currently before the Court is a Motion for Summary Judgment filed by Defendants Heath Dickson, Keith Prince and Jim Bailey. (ECF No. 55). Plaintiff filed a Response (ECF No. 60) and Defendants filed a Reply. (ECF No. 63). The matter is ripe for consideration. I. BACKGROUND Plaintiff is currently an inmate in the Arkansas...
MEMORANDUM OPINION SUSAN O. HICKEY , District Judge . Before the Court is Defendants' Motion for Summary Judgment. (ECF No. 39). Plaintiff De'Andre Gray has not filed a response, and the time to do so has passed. See Local Rule 7.2(b). The Court finds this matter ripe for consideration. I. BACKGROUND Plaintiff filed this civil rights action pursuant to 42 U.S.C. 1983. Plaintiff's claims in this action arise from alleged incidents that occurred between December 9, 2016, and September...
MEMORANDUM OPINION SUSAN O. HICKEY , District Judge . Before the Court is a Motion for Summary Judgment filed by Defendants Correct Care Solutions, LLC, Dr. Nannette Vowell, Andrea Beasley, Melissa Gifford, Gwendolyn Hart, Richard Morgan and Nichole Robinson. (ECF No. 97). Plaintiff Christopher Eugene De Rossitte has filed a response. (ECF No. 114). Defendants have filed a reply. (ECF No. 116). Plaintiff has filed a sur-reply. (ECF No. 123). The Court finds this matter ripe for...
JUDGMENT SUSAN O. HICKEY , District Judge . Before the Court is Defendants' Motion for Summary Judgment. (ECF No. 39). Plaintiff De' Andre Gray has not filed a response, and the time to do so has passed. See Local Rule 7.2(b). The Court finds this matter ripe for consideration. For the reasons stated in the Memorandum Opinion of even date, Defendants' Motion for Summary Judgment (ECF No. 39) is hereby GRANTED. Plaintiff's claims against Defendants Jason Watson, Derrick Barnes, Alex...
