REPORT AND RECOMMENDATION GARY R. JONES , Magistrate Judge . Petitioner initiated this case by filing a pro se Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. (ECF No. 1.) In his Petition, Petitioner contends that his trial counsel was ineffective based on four grounds. ( Id. ) Respondent filed a response, ECF No. 7, along with relevant portions of the state-court record. (ECF Nos. 7-1-7-6 ("Ex.") 1 ) Petitioner then filed a reply. (ECF No. 9.) Upon due consideration...
ORDER and REPORT AND RECOMMENDATION CHARLES J. KAHN, JR. , Magistrate Judge . This matter is before the court on defendants Midland Funding LLC and Tim Boland's motion to dismiss (doc. 14) and defendant Great Lakes Educational Loan Services, Inc.'s motion to dismiss (doc. 20). Plaintiff responded in opposition to the motions. (Docs. 18, 24). The matter is referred to the undersigned Magistrate Judge for a Report and Recommendation pursuant to 28 U.S.C. 636 and N.D. Fla. Loc. R. 72.2(E)....
REPORT AND RECOMMENDATION ELIZABETH M. TIMOTHY , Chief Magistrate Judge . This matter is before the court upon Orestes Cabrera's "Petitioning for Mandamus All Writ Act 28 U.S.C. 1651(a)" (ECF No. 249), in which Cabrera attempts to seek mandamus relief to challenge the voluntariness of his guilty plea. His request should be denied. In November of 2008, Cabrera pleaded guilty pursuant to a written plea agreement to conspiracy to distribute and possess with intent to distribute five...
REPORT AND RECOMMENDATION CHARLES J. KAHN, JR. , Magistrate Judge . Before the court is Dustin Muscha's petition for writ of habeas corpus filed pursuant to 28 U.S.C. 2241. (Doc. 1). The government responded in opposition (doc. 14) and petitioner filed a reply (doc. 18). The matter is referred to the undersigned Magistrate Judge for a Report and Recommendation pursuant to 28 U.S.C 636 and N.D. Fla. Loc. R. 72.2(B). After reviewing the parties' submissions, the undersigned concludes...
ORDER and REPORT AND RECOMMENDATION CHARLES A. STAMPELOS , Magistrate Judge . On October 3, 2017, the pro se Petitioner initiated this case by filing a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241. ECF No. 1. Petitioner is a native and citizen of Cuba who was ordered removed from the United States on December 15, 2016. Id. Petitioner was taken into ICE custody on March 22, 2017, and alleges in the petition that "ICE has been unable to remove [him] to Cuba or any other...
ORDER ON MOTION TO DISMISS BETH BLOOM , District Judge . THIS CAUSE is before the Court upon Defendants' ADJUSTERMAN, LLC, and MICHAEL E. KLAVAN (collectively "Defendants") Motion to Dismiss Plaintiff's Amended Complaint and or Motion for a More Definite Statement, ECF No. [3] ("Motion"). The Court has carefully reviewed the Motion, all opposing and supporting materials, the record in this case and the applicable law, and is otherwise fully advised. For the reasons set forth below, the...
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 October 23, 2017. ECF No. 1. Petitioner is a native and citizen of Cuba who entered the United States "in 1980 as part of the Mariel Boatlift." ECF No. 1 at 4. Petitioner was taken into ICE custody on March 20, 2017, and was ordered removed on May 4, 2017. Id. at 3. Petitioner advises that he waived his right to...
ORDER and REPORT AND RECOMMENDATION CHARLES A. STAMPELOS , Magistrate Judge . This case was initiated by Petitioner, proceeding pro se, in mid-October 2017. Finding the petition for writ of habeas corpus filed under 28 U.S.C. 2241 sufficient, an Order was entered on November 1, 2017, directing service. ECF No. 5. That Order was returned to the Court as undeliverable. ECF No. 8. A subsequent Order was entered on December 1, 2017, noting a possible mistake in Petitioner's surname. ECF No....
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY CHARLES J. KAHN, JR. , Magistrate Judge . The Defendant, by consent, has appeared before me pursuant to Rule 11, Fed. R. Crim. P., and has entered a plea of guilty to Count One of the Indictment. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea was knowing and voluntary and that the offense charged is supported by an independent basis in fact...
Order Denying Plaintiffs' Motion to Extend Discovery ROBERT N. SCOLA, JR. , District Judge . This matter is before the Court on the Plaintiffs' Motion to Extend Discovery Cutoff (ECF No. 30). The discovery deadline is January 5, 2018, and the Plaintiffs request a one-week extension of time because the Defendant's responses to four of the Plaintiffs' discovery requests are not due until January 9 and 10, 2018. A court's scheduling-order deadlines may only be modified upon a showing of "...
ORDER JOHN J. O'SULLIVAN , Magistrate Judge . THIS MATTER is before the Court on the Plaintiff's Motion for Summary Judgment and Memorandum in Support Thereof (DE #21, 06/24/2017), and the Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Motion fo Summary Judgment (DE #22, 07/24/2017). The plaintiff requests the final decision of the Commissioner of Social Security be reversed and Disability Benefits ("DB") be granted under Title XVI of the Social Security Act ("SSA")....
ORDER GARY R. JONES , Magistrate Judge . Pending before the Court is Plaintiffs' Motion to Compel Production of Certain Documents on Defendants' Privilege Logs. ECF No. 562. Defendants have filed an opposition to the motion. ECF No. 573. The Defendants also submitted for in camera inspection forty-two (42) documents identified on their privilege logs, which were identified in Plaintiffs' motion to compel. After submission of the sample documents the Defendants then submitted for in...
ORDER ON PLAINTIFF'S MOTION FOR PROTECTIVE ORDER [DE 251 WILLIAM MATTHEWMAN , Magistrate Judge . THIS CAUSE is before the Court upon Plaintiff, Nelida Kehle's, as Guardian of Anthony Kehle, III ("Plaintiff") Motion for Protective Order. [DE 25]. These matters were referred to the undersigned by United States District Judge Kenneth A. Marra upon an Order referring all discovery to the undersigned for final disposition. See DE 13. Defendant, USAA Casualty Insurance Company ("Defendant")...
OPINION AND ORDER KENNETH A. MARRA , District Judge . This cause is before the Court upon Defendant's Motion for Summary Judgment (DE 27). The Motion is fully briefed and ripe for review. The Court has carefully considered the Motion and is otherwise fully advised in the premises. I. Background The facts, as culled from affidavits, exhibits, depositions, answers, answers to interrogatories and reasonably inferred therefrom in the light most favorable to the non-moving party, for the...
ORDER ADOPTING REPORT AND RECOMMENDATION PAUL C. HUCK , District Judge . THIS CAUSE comes before the Court upon Magistrate Judge John O'Sullivan's Report and Recommendation on Change of Plea [D.E.25], 1 which was entered on December 6, 2017. In the Report and Recommendation, Magistrate Judge O'Sullivan recommends that the Defendant, Rachel Monique JeanBaptiste, be found to have freely and voluntarily entered a plea of guilty to Count 2 of the Indictment, namely bank robbery, in violation...
ORDER ACCEPTING REPORT AND RECOMMENDATION MARK E. WALKER , District Judge . This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 178, and has also reviewed de novo Plaintiff's objections to the report and recommendation, ECF No. 187. Accordingly IT IS ORDERED: The report and recommendation is accepted and adopted, over Plaintiff's objections, as this Court's opinion. The Clerk shall enter judgment stating, "The amended motion for...
Order on Motion to Dismiss and Compel Arbitration ROBERT N. SCOLA, JR. , District Judge . This matter is before the Court upon the Defendant Princess Cruise Line, Ltd.'s motion to dismiss and compel arbitration (ECF No. 4). The Plaintiff agrees that his dispute should proceed through arbitration, but the parties appear to disagree whether a stay or dismissal of these proceedings is appropriate. ( See ECF No. 13.) Section 3 of the FAA states that district courts "shall" stay proceedings...
ORDER DARRIN P. GAYLES , UNITED STATES DISTRICT JUDGE . THIS CAUSE comes before the Court on Carrington's Motion to Dismiss Amended Complaint [ECF No. 21]; Carrington's Motion to Dismiss for Lack of Subject Matter Jurisdiction [ECF No. 27]; Carrington's Motion for Summary Judgment [ECF No. 53]; Plaintiff's Motion for Partial Summary Judgment as to Liability only on Counts I, III, and IV of the First Amended Complaint [ECF No. 55]; and Defendant's Motion for Rule 11 Sanctions [ECF No. 65]....
ORDER COMPELLING DISCOVERY AND AWARDING FEES ROBERT L. HINKLE , District Judge . The defendant filed a motion to compel on December 8, 2017. According to the motion, the defendant served interrogatories and production requests on October 20, 2017, and the plaintiff did not respond at all. The deadline for a response to the motion to compel was December 22, 2017. The plaintiff did not file a response. It thus appears undisputed that the plaintiff did not respond to the defendant's...
ORDER DARRIN P. GAYLES , District Judge . THIS CAUSE comes before the Court on the Defendants', Wells Fargo Bank, N.A. ("Wells Fargo"), JPMorgan Chase Bank, N.A. ("Chase"), Rushmore Loan Management Services, LLC ("Rushmore"), Ben-Ezra & Katz, P.A. ("Ben-Ezra"), and the Law Office of Gary Gassel, P.A. ("Gassel"), Joint Motion to Dismiss Plaintiff's Amended Complaint and Incorporated Memorandum of Law [ECF No. 37] ("Motion"). In their Motion, Defendants argue, inter alia, that the...
