ORDER AND RECOMMENDATION OF DISMISSAL 28 U.S.C. 2241 STEPHEN HYLES , Magistrate Judge . Pending before the Court is Petitioner's emergency motion to stay removal (ECF No. 5) and Respondents' motion to dismiss Petitioner's application for habeas corpus relief (ECF Nos. 12, 1). For the reasons explained below it is recommended that Respondents' motion to dismiss be granted, Petitioner's application for habeas corpus relief be dismissed, and Petitioner's emergency motion to stay removal...
RECOMMENDATION OF DISMISSAL 28 U.S.C. 2241 STEPHEN HYLES , Magistrate Judge . Presently pending before the Court is Respondents' motion to dismiss Petitioner's application for habeas corpus relief (ECF Nos. 16, 1). Respondents filed their motion on December 27, 2018, along with Warrant of Removal/Deportation showing that Petitioner was removed on August 31, 2018. Mot. to Dismiss Ex. A, ECF No. 16-1. Due to Petitioner's removal, Respondents contend his petition is moot and should be...
RECOMMENDATION OF DISMISSAL 28 U.S.C. 2241 STEPHEN HYLES , Magistrate Judge . Pending before the Court is Respondents' Motion to Dismiss, filed on November 7, 2018. (ECF No. 27.) In his petition for habeas relief pursuant to 28 U.S.C. 2241, Petitioner requests an order directing his release. Pet. 13, ECF No. 1. In support of their Motion to Dismiss, Respondents filed a declaration of Deportation Officer Artis Johnson, which states that Petitioner was released from Respondents'...
ORDER CLAY D. LAND , Chief District Judge . Plaintiffs originally brought this action in the Superior Court of Clay County, Georgia. Ford Motor Company removed it to this Court, contending that the only non-diverse Defendant, Eddie Christian, was fraudulently joined. Goodyear Tire & Rubber Company consented to removal. Plaintiffs now seek to remand the action back to the Superior Court, and Ford and Goodyear oppose remand. For the following reasons, the Court finds that complete diversity...
ORDER CLAY D. LAND , District Judge . The Court granted Defendant's motion to dismiss because the Court concluded that Plaintiff had not adequately alleged a claim under the Fair Debt Collection Practices Act, 15 U.S.C. 1692, et seq. See generally Cooper v. Midland Credit Mgmt., Inc., No. 4:18-CV-82 (CDL), 2018 WL 6517448 (M.D. Ga. Dec. 11, 2018). Plaintiff filed a motion for reconsideration, which is denied. Because final judgment has been entered, Plaintiff's motion is properly...
ORDER ON MOTION FOR CONTINUANCE CLAY D. LAND , Chief District Judge . Defendant Marcus Crocker has moved the Court to continue hearing of his case, presently scheduled for January 3, 2018. The Government does not oppose this motion. Defendant was arraigned on February 13, 2018, and is currently in custody. Additional time is needed to order, receive and review the transcripts from Mr. Crocker's previous hearings on September 27, 2018 and December 13, 2018. Furthermore, counsel needs...
ORDER OF DESTRUCTION CLAY D. LAND , District Judge . Before the Court is the United States' motion for an order authorizing the destruction of the following property, to wit: one (1) F.I.E. Corporation, Model: Titan, .25 caliber pistol, Serial Number: A19537; one (1) Rohm, Model: RG38S, .38 caliber revolver, Serial Number: FF298558; and any and all ammunition (hereinafter collectively referred to as the "subject property"). Upon consideration of said motion, the Court finds that: 1. The...
ORDER MARC T. TREADWELL , District Judge . Defendant Aldi Food Market Inc. moves for summary judgment on the Plaintiff's only remaining claim. For the following reasons, that motion (Doc. 26) is GRANTED . I. BACKGROUND Plaintiff Tracy Walker started working at Aldi as a store associate on April 15, 2016. Doc. 28-5 at 34:7-23. Aldi hired her to work at a new store in Milledgeville, which was set to open in May 2016. Id. She trained at Aldi's location in Covington, Georgia, under Deb...
ORDER GRANTING IN PART DEFENDANT'S MOTION TO DISMISS TILMAN E. SELF, III , District Judge . The Kroger Company, Defendant in this action and hereinafter referred to as "Kroger," moves the Court to dismiss Plaintiff's complaint for failure to state a claim. [Doc. 2]. For the following reasons, Kroger's motion is GRANTED IN PART. FACTUAL BACKGROUND Plaintiff Patricia Faye Allen brought this action after her daughter's death from an alleged adverse reaction between two prescription...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT TILMAN E. SELF, III , District Judge . Before the Court is Defendant Wal-Mart Stores East LP's Motion for Summary Judgment [Doc. 28]. After reviewing the parties' submissions, the Court GRANTS Defendant's Motion for Summary Judgment [Doc. 28]. STANDARD OF REVIEW Summary judgment is appropriate "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law."...
ORDER DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS TILMAN E. SELF, III , District Judge . Before the Court is Plaintiff's Motion for Leave to Proceed in Forma Pauperis [Doc. 47] on appeal. After reviewing the record, the Court DENIES Plaintiff's motion. Plaintiff seeks to appeal the Court's denial of his Motion to Set Aside Default Judgment [Doc. 43]. Applications to appeal in forma pauperis are governed by 28 U.S.C. 1915 and Fed. R. App. P. 24. 28 U.S.C. 1915...
ORDER CLAY D. LAND , Chief 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 October 23, 2018 is hereby approved, adopted, and made the Order of the Court, including the denial of a certificate of appealability. The Court considered Oates's objections to the Report and Recommendation and finds that they lack merit. IT IS SO ORDERED.
ORDER MARC T. TREADWELL , District Judge . Plaintiff Susie Jones' complaint alleges Georgia Whistleblower Statute and First Amendment retaliation claims against Hancock County School District and Charles Culver, in his official and individual capacity as Hancock County School District Superintendent. Doc. 1. In response to the Defendants' motion for summary judgment (Doc. 13), Jones stated that she did "not oppose summary judgment as to Culver's qualified immunity claim, and Plaintiff...
ORDER CLAY D. LAND , Chief District Judge . Defendant William Amos seeks "clarification" or "reconsideration" of the Court's previous order that denied Plaintiff's motion to send certain correspondence to the Securities and Exchange Commission (ECF No. 103). The undersigned works diligently to draft orders that are clear and understandable and not in need of clarification. Therefore, the present motion came as a surprise; but understanding that no one may fully escape from human...
ORDER Social Security Appeal STEPHEN HYLES , Magistrate Judge . The Social Security Commissioner, by adoption of the Administrative Law Judge's ("ALJ's") determination, denied Plaintiff's applications for supplemental security income and disability insurance benefits, finding that he is not disabled within the meaning of the Social Security Act and accompanying regulations. Plaintiff contends that the Commissioner's decision was in error and seeks review under the relevant provisions of...
ORDER CLAY D. LAND , Chief District Judge . The Motion for the Issuance of a Final Order of Forfeiture and Order to Direct the United States Marshals Service to Issue a Quit Claim Deed to Claimant Mattie Walker filed by Plaintiff, United States of America, having been carefully read and considered, and for good cause shown; IT IS HEREBY ORDERED, that any right, title, or interest of any potential claimants, including Johnny Walker, in the Defendant Property is forfeited to the United...
FINAL JUDGMENT CLAY D. LAND , District Judge . Plaintiff filed a Complaint [Doc 1] and a Motion [Doc 16] for entry of this Order. Having considered the Motion and the record, the Court finds that a hearing is not required and this Order is entered as follows. Under 28 U.S.C. 1332, jurisdiction exists between Plaintiff, a citizen of New York, Defendant Jacqueline Bosley, a citizen of Georgia, Defendant Tabitha Vanhousen, a citizen of Alabama, and Defendant Beneficial Mortgage Co., a...
ORDER CLAY D. LAND , District Judge . This matter is before the Court pursuant to a Report and Recommendation by the United States Magistrate Judge entered on November 27, 2018. There was no objection to this Recommendation as permitted by 28 U.S.C. 636(b)(1). Therefore, the Court reviews the Recommendation for clear error. Finding no clear error, the Court adopts the Recommendation of the Magistrate Judge and makes it the order of this Court. IT IS SO ORDERED.
RECOMMENDATION OF DISMISSAL 28 U.S.C. 2241 STEPHEN HYLES , Magistrate Judge . Pending before the Court is Respondents' Motion to Dismiss Petitioner's application for habeas corpus relief (ECF Nos. 10, 1). For the reasons explained below it is recommended that Respondents' motion be granted and Petitioner's application for relief be dismissed. BACKGROUND Petitioner is a native and citizen of Honduras. Pet. 5, ECF No. 1; Mot. to Dismiss Ex. 1, at 7, ECF No. 10-1. He first came to the...
ORDER MARC T. TREADWELL , District Judge . This cause came for consideration sua sponte based on a review of the docket in this case. The Plaintiff filed her Complaint on July 12, 2018. Doc. 1. As of October 10, 2018, which was ninety days from the date the Plaintiff filed her Complaint, there was no evidence in the record of service on the Defendant. On October 26, 2018, the Court ordered the Plaintiff to show cause as to why her case should not be dismissed pursuant to Federal Rule of...
