ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on the Defendant's motion to dismiss. (Doc. 44). For the reasons discussed below, the Defendant's motion is DENIED. I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Premessa Jenkins's child, T.J., is enrolled in Defendant Butts County School District (the "School District"). (Doc. 33 at 1). Jenkins alleges the School District failed to provide her child, who has autism and other learning disabilities, with a free...
STIPULATION AND AGREED CONFIDENTIALITY ORDER HUGH LAWSON, Senior Jugde. THE COURT ALERTS THE PARTIES THAT IT HAS ADDED A FINAL PARAGRAPH TO THIS PROTECTIVE ORDER THAT WAS NOT INCLUDED IN THE STIPULATED ORDER SUBMITTED TO THE COURT. IT IS HEREBY STIPULATED AND AGREED, by and among the parties hereto, through their undersigned counsel, that the following provisions of this Stipulation and Agreed Confidentiality Order (the "Stipulation and Order") shall govern disclosure and use by the parties...
STIPULATION AND AGREED CONFIDENTIALITY ORDER HUGH LAWSON, Senior District Judge. IT IS HEREBY STIPULATED AND AGREED, by and among the parties hereto, through their undersigned counsel, that the following provisions of this Stipulation and Agreed Confidentiality Order (the "Stipulation and Order") shall govern disclosure and use by the parties of all documents, testimony, exhibits, interrogatory answers, responses to requests to admit and any other materials and information ("Discovery...
ORDER HUGH LAWSON, Senior District Judge. Before the Court is Defendant's Motion to Exclude the Testimony and Expert Report of Stephen Rosen, Ph.D. (Doc. 18). For the reasons stated below, the motion is granted in part and denied in part. I. Background This case arises from a trip-and-fall accident suffered by Plaintiff Janice Daugharty ("Mrs. Daugharty") at the Park Avenue Bank ("the Bank") on January 25, 2011. As she was walking back to her car after concluding her business with the Bank,...
ORDER CLAY D. LAND, District Judge. Plaintiff Aflac, Inc. ("Aflac") wanted to sell its corporate jet. Defendant SDT Air, LLC ("SDT Air") wanted to buy it. SDT Air thought they had a deal. Aflac thinks otherwise. Their dispute has given rise to two separate lawsuits in two different federal courts. Aflac won the race to the courthouse and filed this action in this Court for declaratory judgment pursuant to the Declaratory Judgment Act, 28 U.S.C. 2201 et seq. Aflac asks the Court to...
ORDER CLAY D. LAND, District Judge. Defendant Thomas J. Tidwell ("Tidwell") filed a motion to dismiss Plaintiff's Complaint against him (ECF No. 25). Tidwell argues that Plaintiff has not alleged his claims with sufficient specificity and that the present allegations fail to state a claim upon which relief may be granted. At this stage of the litigation, the Court must accept Plaintiff's factual allegations as true. The Court finds that those allegations are stated with sufficient...
ORDER HUGH LAWSON, Senior District Judge. This case is before the Court on Defendants' Second Motion for Summary Judgment (Doc. 33). Plaintiff has filed a response, and Defendants have filed a reply. After careful consideration of the arguments contained in the parties' briefs, the relevant law, and the record as a whole, the Court grants the motion. I. SUMMARY JUDGMENT STANDARD Federal Rule of Civil Procedure 56 requires that summary judgment be granted "if the movant shows that there is...
ORDER W. LOUIS SANDS, District Judge. Presently pending before the Court is Plaintiff's Motion for Clarification of Summary Judgment Order (Doc. 182). For the following reasons, Plaintiff's Motion for Clarification of Summary Judgment Order (Doc. 182) is GRANTED-IN-PART AND DENIED-IN-PART. I. Legal Standard: As the Eleventh Circuit noted in Region 8 Forest Serv. Timber Purchasers Council v. Alcock, 993 F.2d 800 , 805-06 (11th Cir. 1993), relief granted from motions for reconsideration...
ORDER HUGH LAWSON, Senior District Judge. Before the Court are Defendants' Motion for Summary Judgment (Doc. 15-2) and Plaintiff's Motion for Judgment (Doc. 16). For the reasons stated below, the Court grants Defendants' Motion for Summary Judgment and denies Plaintiff's Motion for Judgment. This case arises from the decision by Defendant Sedgwick Claims Management Services, Inc. ("Sedgwick") to deny Plaintiff Ella Pate Carson's ("Plaintiff") application for a continuation of long-term...
ORDER HUGH LAWSON, Senior District Judge. Before the Court is Petitioner's Motion for Leave to Appeal In Forma Pauperis (Doc. 226). Petitioner has also filed a Motion to Reserve Banking & Banking Rights (Doc. 227). The Court will first consider Petitioner's Motion to Appeal In Forma Pauperis. "[A]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. 1915(a)(3). In the context of this statute, good faith means that...
ORDER MARC T. TREADWELL, District Judge. Presently pending before the Court is Defendants' Motion to Dismiss (ECF No. 41) the Complaint. Additionally, Plaintiff currently has pending twenty miscellaneous motions including a motion to amend the Complaint (ECF No. 32) and a motion for appointment of counsel (ECF No. 46). For the following reasons, Plaintiff's motions to amend and for appointment of counsel are denied. Defendants' motion to dismiss is granted and Plaintiff's remaining pending...
ORDER ON REPORT AND RECOMMENDATION CLAY D. LAND, District Judge. After a de novo review of the record in this case, the Report and Recommendation filed by the United States Magistrate Judge on August 14, 2013, is hereby approved, adopted, and made the Order of the Court. The objections of the Petitioner to the Report and Recommendation have been considered and are found to be without merit. The Court also adopts the Magistrate Judge's Recommendation that a Certificate of Appealability is...
REPORT AND RECOMMENDATION STEPHEN HYLES, Magistrate Judge. Presently pending before the Court is Respondent's Motion to Dismiss Plaintiff's petition for habeas relief as untimely. (ECF No. 10.) For the reasons described below, Respondent's motion should be granted and Petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. 2254 should be dismissed as untimely. BACKGROUND On May 24, 1994, in the Superior Court of Muscogee County, Petitioner was found guilty of malice...
ORDER W. LOUIS SANDS, District Judge. Pursuant to 18 U.S.C. 3143(b), Defendant Frank McCoy has filed a Motion for Bond Pending Appeal, seeking release pending the appeal of his conviction and sentence. (Doc. 194.) This Court, having fully considered Defendant's Motion and the Government's Response, and the arguments therein, finds that Defendant's Motion for Bond (Doc. 194) should be DENIED . Defendant Frank McCoy was convicted, following a bench trial, of one count of Transportation of...
ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on the Plaintiff's motion for reconsideration. (Doc. 36). Pursuant to Local Rule 7.6, "Motions for Reconsideration shall not be filed as a matter of routine practice." M.D. Ga. L.R. 7.6. "Reconsideration is appropriate only if the movant demonstrates (1) that there has been an intervening change in the law, (2) that new evidence has been discovered which was not previously available to the parties in the exercise of due...
ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on the Recommendations of United States Magistrate Judge Charles H. Weigle. (Docs. 59, 60). The Magistrate Judge recommends granting Defendants Steven Collins, Nicholas Denny, and Gregory Mays's motion to dismiss (Doc. 34) because the Plaintiff has failed to state a plausible claim for deliberate indifference to the Plaintiff's serious medical needs, and even if he had, the Defendants are entitled to qualified immunity....
RECOMMENDATION CHARLES H. WEIGLE, Magistrate Judge. Before the Court is the Motion to Dismiss filed by Defendants Officer Steven Collins, Officer Nicholas Denny, Officer Gregory Mays, and the Bibb County Law Enforcement Center. 1 Doc. 34. In the Motion, Defendants argue that Plaintiff Johnny A. Stephens Sr.'s claims against them should be dismissed because of Eleventh Amendment immunity, qualified immunity, and failure to state a claim. Id. For the reasons stated below, it is RECOMMENDED...
ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on the Recommendation of United States Magistrate Judge Charles H. Weigle. (Doc. 83). The Magistrate Judge, having reviewed the Defendants' motion for summary judgment, recommends granting the motion in regard to the Plaintiff's due process and Eighth Amendment claims related to the Plaintiff's incarceration in the Special Management Unit at Georgia Diagnostic and Classification Prison as well as the Plaintiff's Eighth...
RECOMMENDATION CHARLES H. WEIGLE, Magistrate Judge. Before the Court is a Motion for Summary Judgment filed by Defendants Steve Upton, Glen Johnson, William Powell, Victoria Malone, Michael Moore, Gary Caldwell, Benjamin Murphy, and Ricky Foskey. Doc. 67. Because there are no genuine issues of material fact regarding Plaintiff's due process and Eighth Amendment claims related to his incarceration in the Special Management Unit (SMU) at Georgia Diagnostic and Classification Prison (Georgia...
ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on the Recommendation of Magistrate Judge Stephen Hyles. (Doc. 15). Pursuant to 28 U.S.C. 1915A(a), the Magistrate Judge recommends dismissing the Plaintiff's claims against Warden Carl Humphrey, Deputy Warden Malone, and Medical Director Butts because the Plaintiff failed to allege their participation in or causal connection to the incidents in the Complaint (Doc. 1) beyond the mere fact of being in supervisory...
