REPORT AND RECOMMENDATION MICHAEL J. FRANK , Magistrate Judge . Defendant Joseph Sims moved to dismiss this Bivens action based on Plaintiff Peter Candelario's failure to exhaust his administrative remedies. (Doc. 18). Candelario responded in opposition. (Doc. 21). For the reasons set forth below, the undersigned recommends that Sims's motion to dismiss be granted. 1 I. Background On October 26, 2018, Candelario initiated this civil action pursuant to 28 U.S.C. 1331 and Bivens v....
REPORT AND RECOMMENDATION MICHAEL J. FRANK , Magistrate Judge . Plaintiff Jeffrey Dunn, a prisoner proceeding pro se, filed this section 1983 action alleging that prison personnel used excessive force. (Doc. 1). Defendants move to dismiss the complaint for failure to exhaust administrative remedies. (Docs. 48, 49). The undersigned recommends that the district court grant this motion. 1 I. Background In his section 1983 complaint, Plaintiff names as defendants four prison officials of...
REPORT AND RECOMMENDATION CHARLES A. STAMPELOS , Magistrate Judge . This action was initiated under the Social Security Act to obtain judicial review of Defendant's final decision denying Plaintiff's claim for disability benefits. ECF No. 1. Defendant filed a consent motion to remand pursuant to sentence four of 42 U.S.C. 405(g). ECF No. 13. Defendant certified that Plaintiff has no objection to this motion. Id. Sentence four of section 405(g) states that "[t]he court shall have...
REPORT AND RECOMMENDATION GARY R. JONES , Magistrate Judge . Pending before the Court is Defendant's Motion for Leave to Appeal In Forma Pauperis. ECF No. 311. On August 23, 2019, the undersigned recommended Defendant's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255, ECF Nos. 226, 289, and request for certificate of appealability should be denied. ECF No. 296. On November 12, 2019, the district court adopted the undersigned's report and recommendation,...
REPORT AND RECOMMENDATION HOPE THAI CANNON , Magistrate Judge . Plaintiff, Edgar A. Borges, proceeding pro se and in forma pauperis, brought this action under 42 U.S.C. 1983, alleging Defendants failed to protect him from an inmate assault during a transfer between correctional institutions. This matter is now before the Court on Defendants' Motion to Dismiss Plaintiff's Third Amended Complaint. ECF Doc. 57. After reviewing Defendants' motion, Plaintiff's response (ECF Doc. 60), and...
REPORT AND RECOMMENDATION ON CHANGE OF PLEA JACQUELINE BECERRA , Magistrate Judge . THIS CAUSE was before the Court following an Order of Reference to conduct a proceeding for acceptance of a guilty plea by Defendant in this case. Based upon the change of plea hearing conducted on December 17, 2019, this Court makes the following findings, and recommends that the guilty plea be accepted. 1. This Court advised Defendant of his right to have these proceedings conducted by the District...
REPORT AND RECOMMENDATION ON CHANGE OF PLEA JACQUELINE BECERRA , Magistrate Judge . THIS CAUSE was before the Court following an Order of Reference to conduct a proceeding for acceptance of a guilty plea by Defendant in this case. Based upon the change of plea hearing conducted on December 12, 2019, this Court makes the following findings, and recommends that the guilty plea be accepted. 1. This Court advised Defendant of his right to have these proceedings conducted by the District...
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 Sentence" (ECF No. 221). 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 dismiss the motion and...
REPORT AND RECOMMENDATION HOPE THAI CANNON , Magistrate Judge . This matter is before the Court on Defendants' Motion for Summary Judgment (ECF Doc. 132). 1 Plaintiff has submitted an opposition (ECF Doc. 150). The matter has been referred to the undersigned Magistrate Judge for a report and recommendation pursuant to 28 U.S.C. 636 and Local Rule 72.2(c). Upon consideration, the undersigned recommends that the Motion be DENIED as to Plaintiff's claims for compensatory and punitive...
AMENDED REPORT AND RECOMMENDATION ON MOTIONS TO SUPPRESS 1 [DEs 20, 21, 22, 32] BRUCE REINHART , Magistrate Judge . Brian Sigouin is charged by indictment with one count of receiving child pornography and three counts of possessing child pornography. He moves to suppress physical evidence seized pursuant to a search warrant as well as post- Miranda statements he made to FBI agents on the day of the search. This matter was referred to me by the Hon. Robin L. Rosenberg. DE 6. I have...
OMNIBUS ORDER REMANDING CASES ROBIN L. ROSENBERG , District Judge . This cause is before the Court on Motions to Remand filed by Plaintiffs in each of the above-captioned cases. Defendant Aesculap Implant Systems, LLC ("Aesculap"), has filed a response to each Motion. The Court has considered the Motions and the record in each case and is otherwise fully advised in the premises. For the reasons that follow, the Motions are GRANTED. I. BACKGROUND Plaintiffs in each case allege that they...
ORDER AMENDING THE JUDGMENT ROBERT L. HINKLE , District Judge . The defendant Abigail Lee Kemp participated in a series of armed jewelry-store robberies in this and other districts. The four-count second superseding indictment in this district charged Ms. Kemp with these offenses: conspiracy to commit Hobbs Act robbery (count one); using, carrying, and brandishing a firearm during and in relation to the Hobbs Act conspiracy in violation of 18 U.S.C. 924(c) (count two); a specific...
ORDER AFFIRMING THE DENIAL OF BENEFITS ROBERT L. HINKLE , District Judge . This case is before the court on the magistrate judge's report and recommendation, ECF No. 17. No objections have been filed. Upon consideration, IT IS ORDERED: The report and recommendation is accepted and adopted as the court's opinion. The clerk must enter judgment stating, "The Commissioner's decision denying the plaintiff's application for benefits is affirmed." The clerk must close the file. SO ORDERED.
REPORT AND RECOMMENDATION GARY R. JONES , Magistrate Judge . On this date, the Defendant, AURELIO AMBROCIO-AGUILAR, his attorney, an English-to-Spanish language interpreter, and the attorney for the Government appeared before the undersigned for the purpose of considering Defendant's entry of a guilty plea to unlawful re-entry of a removed alien, in violation of 8 U.S.C. 1326(a). The district judge referred this matter to the undersigned for purposes of hearing Defendant's proposed...
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION ROBIN L. ROSENBERG , District Judge . This matter is before the Court upon Defendant's Motions to Suppress (DE 20, 21, 22, 32), which were previously referred to the Honorable Bruce E. Reinhart for a Report and Recommendation on any dispositive matters. DE 23, 33. On December 18, 2019, Judge Reinhart issued a Report and Recommendation recommending that Defendant's Motions to Suppress be denied. DE 46. Objections to the Report and...
ORDER ON MOTION FOR ENTRY OF DEFAULT FINAL JUDGMENT BETH BLOOM , District Judge . THIS CAUSE is before the Court upon Plaintiff United States of America's ("Plaintiff") Motion for Entry of Default Final Judgment, ECF No. [11] (the "Motion"). A Clerk's Default, ECF No. [9] was entered against Defendant Carlos I. Vera ("Defendant" or "Vera") on December 18, 2019, as Defendant failed to appear, answer, or otherwise plead to the Complaint, ECF No. [1], despite having been served. ECF No. [5]....
ORDER BETH BLOOM , District Judge . THIS CAUSE is before the Court upon Defendants Florida Department of Corrections ("FDOC"), John Willis ("Warden Willis" in his official capacity as Warden of the Charlotte Correctional Institution and "Willis" in his individual capacity), Erika McDermott ("McDermott"), and Shannon Milliken's ("Milliken") (collectively, "Defendants") Motion to Dismiss Amended Complaint, ECF No. [24] ("Motion"). Plaintiff filed a response in opposition to the Motion, ECF...
ORDER BETH BLOOM , District Judge . THIS CAUSE is before the Court upon Defendants Carrot Express Midtown, LLC ("Carrot Express Midtown") and Milop, LLC's ("Milop") (collectively, "Defendants") 1 Motion to Dismiss, ECF No. [8] ("Motion"). Plaintiff Paula Rodriguez ("Plaintiff") filed a Response in Opposition to the Motion, ECF No. [13] ("Response"), to which Defendants replied, ECF No. [15] ("Reply"). The Court has reviewed the Motion, all opposing and supporting submissions, the record...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY MICHAEL J. FRANK , 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 Counts 1, 11, & 12, 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...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY MICHAEL J. FRANK , 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 Counts 1 & 23, 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...
