OPINION AND ORDER MAC R. McCOY , Magistrate Judge . This cause is before the Court on Plaintiff Peggy Thompson's Complaint, filed on February 12, 2019. (Doc. 1). Plaintiff seeks judicial review of the final decision of the Commissioner of the Social Security Administration ("SSA") denying her claims for disability insurance benefits and supplemental security income. The Commissioner filed the Transcript of the proceedings (hereinafter referred to as "Tr." followed by the appropriate page...
ORDER TIMOTHY J. CORRIGAN , District Judge . Defendant Erik Quadrell Dorsey has spent more than twenty-two years in federal prison for selling drugs. He now seeks to reduce his original thirty-year sentence under the First Step Act of 2018, (Docs. 428, 436), which the Government partially opposes, (Doc. 440). On March 19, 2020 the Court held a telephone hearing, the record of which is incorporated herein. I. BACKGROUND On September 11, 1997, Dorsey and two others were charged in a three...
ORDER ROY B. DALTON, JR. , District Judge . This cause is before the Court on Respondents' Motion for Rehearing/Reconsideration (Doc. 22; Motion). Petitioner opposes the Motion (Doc. 23; Resp.). The Court entered an Order granting in part Petitioner's writ of habeas corpus. See Order (Doc. 20). Specifically, the Court conditionally granted the writ of habeas corpus as to Grounds Two and Three unless the State of Florida, within ninety days, initiates new trial proceedings consistent...
ORDER PATRICIA D. BARKSDALE , Magistrate Judge . The plaintiff, a prisoner proceeding pro se, sues six correctional officers for alleged use of excessive force, contending that, on April 21, 2016, he was beaten unconscious while in handcuffs and leg restraints following an order by defendant Bennett. Doc. 10. The defendants deny many allegations and raise fifteen defenses, including that they acted reasonably and the plaintiff cannot establish that they acted with a sufficiently culpable...
OPINION AND ORDER MAC R. McCOY , Magistrate Judge . Plaintiff Alex J. Narciso Martinez filed a Complaint on January 21, 2019. (Doc. 1). Plaintiff seeks judicial review of the final decision of the Commissioner of the Social Security Administration ("SSA") denying his claim for supplemental security income. (Doc. 19 at 1). The Commissioner filed the transcript of the administrative proceedings (hereinafter referred to as "Tr." followed by the appropriate page number), and the parties filed...
OPINION AND ORDER MAC R. McCOY , Magistrate Judge . Plaintiff Enrique Ruiz Contreras filed a Complaint on November 2, 2018. (Doc. 1). Plaintiff seeks judicial review of the final decision of the Commissioner of the Social Security Administration ("SSA") denying his claim for a period of disability and disability insurance benefits. The Commissioner filed the transcript of the administrative proceedings (hereinafter referred to as "Tr." followed by the appropriate page number), and the...
ORDER JAMES D. WHITTEMORE , District Judge . BEFORE THE COURT is Petitioner Rahmaan's Amended Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence (cv Dkt. 3), the United States' Response (cv Dkt. 7), and Rahmaan's Reply (cv Dkt. 8). Upon review, Rahmaan's 2255 motion (cv Dkt. 3) is DENIED. BACKGROUND In 2016, a grand jury returned a 23-count indictment charging Rahmaan and his co-conspirators with multiple counts of conspiracy, fraud, and aggravated identity...
OPINION AND ORDER JOHN E. STEELE , District Judge . This matter comes before the Court on the Northfield Insurance Company, Colonial Omni Realty, LLC, and IMC Equity Group's Joint Motion for Entry of Consent Order on Northfield Insurance Company's Motion for Summary Judgment (Doc. #36) filed on February 4, 2020, and Northfield Insurance Company's Renewed Motion for Summary Judgment (Doc. #37) filed on February 25, 2020. For the reasons that follow, the Joint Motion is granted, and the...
ORDER PHILIP R. LAMMENS , Magistrate Judge . This matter is before the Court on Plaintiff's Consent Petition for Attorney Fees. (Doc. 23). Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d), Plaintiff requests an award of fees in the amount of $656.73. The attached schedules of hours confirm the attorney hours. (Doc. 23, p. 10). Plaintiff represents that the Commissioner has no objection to her petition. Plaintiff asserts that she is the prevailing party in this...
ORDER VIRGINIA M. HERNANDEZ COVINGTON , District Judge . This matter comes before the Court upon consideration of Defendant Cigna Health and Life Insurance Company's Motion for Summary Judgment (Doc. # 46), filed on January 3, 2020. Pro se Plaintiff Pedro Perez responded in opposition on February 4, 2020. (Doc. # 54). Cigna filed a reply on February 18, 2020 (Doc. # 65), as well a Rule 56(c) objection. (Doc. # 66). Perez responded to the Rule 56(c) objection on March 2, 2020. (Doc. # 68)....
ORDER ANTHONY E. PORCELLI , Magistrate Judge . Plaintiff seeks judicial review of the denial of her claim for disability insurance benefits ("DIB"). As the Administrative Law Judge's ("ALJ") decision was based on substantial evidence and employed proper legal standards, the Commissioner's decision is affirmed. I. A. Procedural Background Plaintiff filed an application for DIB (Tr. 179-80). The Commissioner denied Plaintiff's claims both initially and upon reconsideration (Tr. 71-93,...
ORDER BRIAN J. DAVIS , District Judge . I. INTRODUCTION Petitioner Steve J. Porkolab initiated this case by filing a Petition under 28 U.S.C. 2254 for Writ of Habeas Corpus By a Person in State Custody (Petition) (Doc. 1) on January 8, 2018, pursuant to the mailbox rule. He challenges his state court (Suwannee County) conviction for first degree murder and attempted first degree murder. Id. at 1. Petitioner raises one ground in the Petition: the plea was induced under assurances of...
OPINION AND ORDER JOHN E. STEELE , District Judge . This matter comes before the Court on the Northfield Insurance Company, Colonial Omni Realty, LLC, and IMC Equity Group's Joint Motion for Entry of Consent Order on Northfield Insurance Company's Motion for Summary Judgment (Doc. #36) filed on February 4, 2020, and Northfield Insurance Company's Renewed Motion for Summary Judgment (Doc. #37) filed on February 25, 2020. For the reasons that follow, the Joint Motion is granted, and the...
OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Defendants Sergeant FNU Quezada ("Sergeant Quezada") and Captain FNU Perez's ("Captain Perez") (collectively, the "Defendants") Motion to Dismiss Plaintiff's Complaint for Lack of Subject Matter Jurisdiction filed on January 22, 2020. (Doc. 55). Plaintiff Malik Gary Lovett ("Lovett") filed a Response in Opposition on February 18, 2020. (Doc. 58). For the reasons below, the motion is granted in part and...
OPINION AND ORDER JOHN E. STEELE , District Judge . Before the Court is Petitioner Johnnie M. Graham, Jr.'s ("Petitioner" or "Graham") pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254, constructively filed on October 27, 2016. (Doc. #1). Graham challenges his conviction entered by the Twentieth Judicial Circuit Court in and for Lee County, Florida for second degree murder. (Doc. #1, p. 1). Respondent filed a Limited Response incorporating a motion to dismiss the...
OPINION AND ORDER 1 NICHOLAS P. MIZELL , District Judge . Plaintiff James Daryl West a state prisoner sued by filing a pro se civil rights complaint on September 8, 2016 (Doc. 1). The Court granted West in forma pauperis status but directed him to file an amended complaint (Doc. 12). After affording West two extensions of time, West filed his amended civil rights complaint on May 15, 2017 (Doc. 21) with 135 pages of exhibits, including copies of grievances filed by West concerning...
ORDER JAMES R. KLINDT , Magistrate Judge . Defendant Criswell seeks an order striking the hearsay statements of Inmates Williams and Harris, which are referenced in the Florida Department of Law Enforcement Investigative Report (FDLE Report) Plaintiff offers as an exhibit in response to Defendant's motion for summary judgment (Doc. 129). Plaintiff has responded to the motion (Doc. 130; Pl. Resp.). Rule 56 of the Federal Rules of Civil Procedure provides, "[a] party may object that the...
MEMORANDUM OPINION AND ORDER 1 MONTE C. RICHARDSON , Magistrate Judge . THIS CAUSE is before the Court on Plaintiff's appeal of an administrative decision denying his applications for a period of disability, disability insurance benefits ("DIB"), and supplemental security income ("SSI"). Following an administrative hearing held on April 24, 2017, the assigned Administrative Law Judge ("ALJ") issued a decision, finding Plaintiff not disabled from July 1, 2009, the alleged disability...
ORDER ANTHONY E. PORCELLI , Magistrate Judge . Plaintiff seeks judicial review of the denial of his claim for a period of disability and disability insurance benefits ("DIB"). As the Administrative Law Judge's ("ALJ") decision was not based on substantial evidence and failed to employ proper legal standards, the Commissioner's decision is reversed and remanded. I. A. Procedural Background Plaintiff filed an application for a period of disability and DIB (Tr. 177-78). The Commissioner...
ORDER MARK A. PIZZO , Magistrate Judge . This is an appeal of the administrative denial of social security income benefits (SSI), disability insurance benefits (DIB), and period of disability benefits. 1 See 42 U.S.C. 405(g), 1383(c)(3). Plaintiff argues the administrative law judge (ALJ) erred in evaluating the opinions of Dr. Pennington, her treating physician, and Dr. Lucas, a consultative psychologist. After considering the parties' memoranda (docs. 21 and 22) and the...
