REPORT AND RECOMMENDATION TO DENY 2241 PETITION CHARLES A. STAMPELOS , Magistrate Judge . On or about December 15, 2014, Petitioner Thomas M. Smith, II, proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241. ECF No. 1. On March 6, 2015, Respondent filed an answer, with attachments. ECF No. 6. Petitioner has not filed a reply, although given the opportunity to do so. See ECF No. 3. The matter was referred to the undersigned United States Magistrate...
REPORT AND RECOMMENDATION WILLIAM C. TURNOFF , Magistrate Judge . THIS CAUSE is before the Court upon Defendant's Motion to Tax Costs. (ECF No. 66). This matter was referred to the undersigned by the Honorable Patricia A. Seitz, United States Senior District Court Judge for the Southern District of Florida. (ECF No. 17). Upon consideration of the motion, the record, the applicable law, and being otherwise duly advised in the premises, the undersigned makes the following findings....
REPORT AND RECOMMENDATION CHARLES A. STAMPELOS , Magistrate Judge . Petitioner, proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241 on July 21, 2016. ECF No. 1. Respondents filed a response in opposition to the petition on October 7, 2016. ECF No. 14. Respondents asserted that Petitioner's removal to Somalia is significantly likely to occur "within the next 35 days." Id. at 1-2. Petitioner filed a reply on October 24, 2016, claiming that "the...
REPORT AND RECOMMENDATION CHARLES J. KAHN, Jr. , Magistrate Judge . This is a social security case in which the undersigned entered a Report and Recommendation recommending that the matter be reversed and remanded for further proceedings (doc. 12). The district judge adopted the Report and Recommendation, reversing and remanding the matter (doc. 13). Plaintiff has now moved for attorney's fees in the amount of $3,566.55, which represents 19.0 hours of attorney time at a rate of $189.45 per...
REPORT AND RECOMMENDATION CHARLES J. KAHN, Jr. , Magistrate Judge . Before the court is a petition for writ of habeas corpus filed under 28 U.S.C. 2254. (Doc. 1). Respondent filed an answer, submitting relevant portions of the state court record. (Doc. 8). Petitioner replied. (Doc. 11). The matter is referred to the undersigned magistrate judge for report and recommendation pursuant to 28 U.S.C. 636 and N.D. Fla. Loc. R. 72.2(B). After careful consideration of all issues raised by...
REPORT AND RECOMMENDATION GARY R. JONES , Magistrate Judge . This matter is before the Court on ECF No. 27, Defendants' Motion to Dismiss Plaintiff's Amended Complaint With Memorandum of Law. Plaintiff has not filed a response in opposition and the time for doing so has expired. 1 The motion to dismiss is, therefore, ripe for review. For the reasons explained below, it is recommended that Defendants' motion to dismiss be granted in part and denied in part. I. INTRODUCTION Plaintiff, an...
REPORT AND RECOMMENDATION LURANA S. SNOW , Magistrate Judge . THIS CAUSE is before the Court on the Defendant Julio Bravo Pineda's Motion to Dismiss Indictment Based on Lack of Jurisdiction, and Unconstitutionality of the Statute as Applied (ECF No. 27), adopted by Defendants Andres Albeto Davila-Mendoza and Otmar Sing Gonzlez (ECF No. 32), which was referred to United States Magistrate Judge, Lurana S. Snow, for Report and Recommendation. The Defendants are charged by indictment with...
REPORT AND RECOMMENDATION JOHN J. O'SULLIVAN , Magistrate Judge . THIS MATTER comes before the Court on Travelers' Motion for Summary Judgment Regarding the Duty to Defend (DE# 25, 9/29/16) and Plaintiff, Witkin Design Group, Inc.'s Motion for Summary Judgment Regarding the Duty to Defend (DE# 29, 10/11/16). The motions were referred to the undersigned pursuant to 28 U.S.C. 636(b) for a report and recommendation. See Order of Referral to Magistrate Judge O'Sullivan for All Pretrial...
REPORT AND RECOMMENDATION CHARLES J. KAHN, Jr. , Magistrate Judge . Before the court is a petition for writ of habeas corpus filed under 28 U.S.C. 2254. (Doc. 1). Respondent filed an answer, submitting relevant portions of the state court record. (Doc. 14). Petitioner has not replied although invited to do so. ( See Doc. 15). The matter is referred to the undersigned magistrate judge for report and recommendation pursuant to 28 U.S.C. 636 and N.D. Fla. Loc. R. 72.2(B). After careful...
ORDER AND OPINION DENYING DEFENDANTS' MOTIONS TO DISMISS COMPLAINT DONALD M. MIDDLEBROOKS , District Judge . THIS CAUSE comes before the Court upon Defendants Gary D. Alexander, Michael Alexander, Golden River Capital, LLC, Golden River Capital I, Inc., SBD Global FL, Inc., and The Radiant Creations Group, Inc.'s (the "Alexander Defendants") Motion to Dismiss the Second Amended Complaint ("Alexander Motion"), filed on October 4, 2016 (DE 23), and upon Defendants Gary R. Smith, NIT...
REPORT OF MAGISTRATE JUDGE PATRICK A. WHITE , Magistrate Juge . I. Introduction and Background Briefly, the Defendant, Fritz Lafontante, filed a motion to reduce his sentence, pursuant to 18 U.S.C. 3582(c) (2), based on Amendment 782 to the United States Sentencing Guidelines. (Cr-DE#s1328; 1363). After receipt of supplements thereto, and the government's response, the district court denied the motion on July 9, 2015. (Cr-DE#s1346,1363:3). Pursuant to Fed.R.App.P. 4(b)(1)(A), the...
ORDER GRANTING SUMMARY JUDGMENT ON THE RETALIATION CLAIM ROBERT L. HINKLE , District Judge . This is an employment-discrimination case. The plaintiff asserts two claims: disability discrimination and retaliation for asserting a disability-discrimination claim. This order grants summary judgment on the retaliation claim. I The plaintiff Jeremy Knapp was a principal at a school operated by the defendant Gulf County School Board. Mr. Knapp missed a substantial part of the 2013-14 school...
AMENDED REPORT AND RECOMMENDATION CHARLES J. KAHN, Jr. , Magistrate Judge . This mortgage foreclosure action is before the court on Plaintiff U.S. Bank National Association's ("U.S. Bank's") Motion to Remand (doc. 14) and the pro se defendants' response (doc. 15). Having carefully considered both the motion and response, the undersigned finds removal improper and recommends the matter be remanded to the state court from which it was removed. The case stems from a $127,000.00 Note and...
REPORT AND RECOMMENDATION ELIZABETH M. TIMOTHY , Chief Magistrate Judge . This matter is before the court on Petitioner's petition for writ of habeas corpus, filed pursuant to 28 U.S.C. 2241 (ECF No. 1). Respondent filed a Motion to Dismiss, with supporting documentation (ECF No. 11). Petitioner filed a reply (ECF No. 15). The case was referred to the undersigned for the issuance of all preliminary orders and any recommendations to the district court regarding dispositive matters. See...
REPORT AND RECOMMENDATION ELIZABETH M. TIMOTHY , Chief Magistrate Judge . This matter is before the court upon Defendant's Motion under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct S by a Person in Federal Custody (ECF No. 43). Rule 4(b) of the Rules Governing Section 2255 Proceedings provides in part that "[i]f it plainly appears from the face of the motion and any attached exhibits and the record of prior proceedings that the moving party is not entitled to relief, the judge must...
ORDER ON MOTION TO REMAND BETH BLOOM , District Judge . THIS CAUSE is before the Court upon a Motion to Remand filed by Plaintiff A&M Gerber Chiropractic LLC ("Plaintiff"), ECF No. [7] (the "Motion"). The Court has carefully considered the Motion, all supporting and opposing filings, the relevant authority, and is otherwise duly advised. For the reasons that follow, the Motion is denied. I. BACKGROUND Plaintiff filed a Complaint in the Circuit Court of the Seventeenth Judicial Circuit...
REPORT AND RECOMMENDATION TO DISMISS 2241 PETITION CHARLES A. STAMPELOS , Magistrate Judge . On or about May 7, 2015, Petitioner Cathy Taylor, a federal prisoner proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241, ECF No. 1, and a supporting memorandum, ECF No. 2. On August 17, 2015, Respondent filed an answer, with exhibits. ECF No. 11. Petitioner has not filed a reply, although given the opportunity to do so. See ECF No. 10. The matter was...
ORDER ON PLAINTIFF'S MOTION FOR SANCTIONS (DE 19) FRANK J. LYNCH, Jr. , Magistrate Judge . THIS CAUSE comes before this Court upon the above Motion. Having rev iewed the Motion, Response, and Reply, this Court finds as follows: The instant Motion concerns the Defendant's failure to comply with this Court's Order to Compel found at DE 15. The Defendant had until November 22, 2016 to produce all responsive discovery. To-date the Defendant still has not done so. The Plaintiff now moves for...
REPORT OF MAGISTRATE JUDGE PATRICK A. WHITE , Magistrate Judge . Mustapha Adan Jeelle has filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. 2241. A review of his petition reveals that he is challenging his continued detention by the United States Department of Homeland Security, Bureau of Immigration and Customs Enforcement ("ICE"). This case was referred to the undersigned pursuant to the Administrative Order 2003-19, for a ruling on all pre-trial, non-dispositive...
REPORT OF MAGISTRATE JUDGE PATRICK A. WHITE , Magistrate Judge . I. Introduction This matter is before the Court on the movant's pro se motion to vacate, filed pursuant to 28 U.S.C. 2255, attacking the constitutionality of his convictions and sentences, entered following a guilty plea in case no. 14-20390-Cr-Gayles. This cause has been referred to the undersigned for consideration and report pursuant to 28 U.S.C. 636(b)(1)(B),(C); S.D.Fla. Local Rule 1(f) governing Magistrate...
