ORDER RICHARD W. STORY , District Judge . Presently before the Court is the Magistrate Judge's Report and Recommendation (R&R), [Doc. 1522], recommending that Movant's motion to vacate pursuant to 28 U.S.C. 2255, [Doc. 1469], be denied and the case dismissed. Movant has filed his objections in response to the R&R. [Doc. 1524]. A district judge has broad discretion to accept, reject, or modify a magistrate judge's proposed findings and recommendations. United States v. Raddatz, 447 U....
UNITED STATES MAGISTRATE JUDGE'S FINAL REPORT AND RECOMMENDATION MOTION TO VACATE 28 U.S.C. 2255 CATHERINE M. SALINAS , Magistrate Judge . Movant has filed a 28 U.S.C. 2255 motion to vacate, set aside, or correct his federal sentence entered under the above criminal docket number. The matter is before the Court on the 2255 motion [1469], Respondent's response [1474], and Movant's reply [1479]. For the reasons discussed below, Movant's motion to vacate and a certificate of...
ORDER HAROLD L. MURPHY , District Judge . This case is before the Court on Petitioner's Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255 (" 2255 Motion") [584], on the Final Report and Recommendation of United States Magistrate Judge Walter E. Johnson [672], and on Petitioner's Objections to the Final Report and Recommendation [676]. I. Standard of Review 28 U.S.C. 636(b)(1) requires that in reviewing a magistrate judge's report and recommendation, the district...
FINAL REPORT AND RECOMMENDATION MOTION TO VACATE 28 U.S.C. 2255 WALTER E. JOHNSON , Magistrate Judge . Movant, Jason Votrobek, submitted a Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody ("Motion to Vacate") [584]. The government filed a Response [595]. Following an evidentiary hearing, the parties filed Briefs [649, 651, 655]. For the reasons stated below, the undersigned RECOMMENDS that the Motion to Vacate [584] be DENIED....
ORDER MARK H. COHEN , District Judge . This action comes before the Court on the Final Report and Recommendation ("R&R") of Magistrate Judge Russell G. Vineyard [Doc. 44] recommending that Defendant Deangelo Copeland ("Copeland")'s Motion to Suppress Statements [Doc. 22], Motion to Suppress Evidence Seized From Car [Doc. 24], and Motion for Permission to File Out of Time Motion [Doc. 37] be denied. The Order for Service of the R&R [Doc. 45] provided notice that, in accordance with 28 U.S....
ORDER WILLIAM M. RAY, II , District Judge . This matter is before the Court on the Magistrate Judge's Non-Final Report and Recommendation ("R & R") [Doc. 58], which recommends that Defendant Hall's Motion to Dismiss Indictment [Doc. 38] be DENIED. No objection to the R & R has been filed. I. LEGAL STANDARD Under 28 U.S.C. 636(b)(1), the Court reviews the R & R for clear error if no objections are filed by a party within 14 days after being served with a copy. If a party files...
NON-FINAL REPORT AND RECOMMENDATION WALTER E. JOHNSON , Magistrate Judge . This matter is before the Court on defendant Jeffrey Hall's Motion to Dismiss Indictment [38]. On March 6, 2019, a grand jury in the Northern District of Georgia returned a one-count Indictment [1] against defendants Robert A. Coles, M.D. and Mr. Hall, charging Mr. Hall and Dr. Coles with conspiracy to possess with intent to distribute and dispense controlled substances, including, but not limited to, oxycodone and...
OPINION ORINDA D. EVANS , UNITED STATES DISTRICT JUDGE . Table of Contents I. INTRODUCTION ... 1159 II. FAIR USE ANALYSIS FOR INDIVIDUAL INFRINGEMENT CLAIMS: FINDINGS OF FACT AND CONCLUSIONS OF LAW ... 1162 A. Professor Kaufmann ... 1162 Maymester 2009: EPRS 8500 ... 1162 1. The Craft of Inquiry (Oxford) ... 1162 2. Handbook of Feminist Research (Sage) ... 1165 3. Handbook of Social Theory (Sage) ... 1168 4. The Sage Handbook of Qualitative Research (Third) (Sage) ......
ORDER AMY TOTENBERG , District Judge . Currently pending before the Court is Magistrate Judge Justin Anand's Report and Recommendation ("R&R") of February 7, 2020. (Doc. 34). This R&R in summary, condensed terms covers the same Fourth Amendment suppression issues addressed in Wilson I, the predecessor case to the instant case, 1:16-CR-27-AT-JSA, which was dismissed without prejudice for speedy trial reasons on July 25, 2018. See Wilson I docket, Docs. 96, 114, 149, 187. The Magistrate...
FINAL REPORT AND RECOMMENDATION JUSTIN S. ANAND , Magistrate Judge . Defendant is a former prison guard at Autry State Prison in Pelham, Georgia, who is accused of smuggling contraband into the prison. Defendant was charged with these same violations in a prior case, 1:16-CR-27-AT-JSA (" Wilson I "), which the case was dismissed without prejudice because of a Speedy Trial Act violation on July 25, 2018. See Wilson I Docket, Doc. 187. Prior to dismissal of Wilson I, Defendant moved to...
OPINION AND ORDER Steven D. Grimberg , United States District Court Judge . This matter is before the Court on Plaintiffs Gwinnett County NAACP ("Gwinnett NAACP"), Georgia State Conference of the NAACP ("Georgia NAACP"), and the Georgia Coalition for the Peoples' Agenda, Inc.'s ("GCPA") motion for a temporary restraining order and preliminary injunction [ECF 2]. The Court held a hearing on March 2, 2020 and DENIED Plaintiff's motion from the bench. This Opinion and Order further...
ORDER STEVE C. JONES , District Judge . This matter is before the Court on Defendant's Motions to Suppress Evidence (Doc. No. [14]) and to Suppress Statements (Doc. No. [15]). On September 24, 2019, the Honorable Janet F. King, United States Magistrate Judge, held a hearing on those motions. See Doc. No. [44] (hearing transcript). Defendant and the Government further briefed the issues in post-hearing filings. See Doc. Nos. [45]; [46]; [47]. On December 26, 2019, Judge King issued a...
OPINION & ORDER MICHAEL L. BROWN , District Judge . The United States obtained an indictment against Defendants Michael Stephen Autry, Carl Everett Bowman, Ronald Patrick Maxson, Logan James Lively, and Joseph W. Plows, Sr. claiming they "did knowingly make, print, and publish a notice and advertisement offering to exchange, display, and distribute" child pornography, in violation of Title 18, United States Code, Sections 2251(d)(1)(A), 2251(e), and Section 2. (Dkt. 1 at 1-2.) The United...
OPINION & ORDER MICHAEL L. BROWN , District Judge . The United States obtained an indictment against Defendants Michael Stephen Autry and Jordan Grey claiming they "did knowingly make, print, and publish a notice and advertisement offering to exchange, display, and distribute" child pornography, in violation of Title 18, United States Code, Sections 2251(d)(1)(A), 2251(e), and Section 2. (Dkt. 13 at 1-2.) The United States further alleged Defendants did this by posting images, videos, and...
OPINION & ORDER MICHAEL L. BROWN , District Judge . The United States obtained an indictment against Defendants Michael Stephen Autry, Andre Adam Nguyen, Mark William Jaramillo, Jacob Montgomery Gibson, and Charles D. Thompson claiming they "did knowingly make, print, and publish a notice and advertisement offering to exchange, display, and distribute" child pornography, in violation of Title 18, United States Code, Sections 2251(d)(1)(A), 2252(e), and Section 2. (Dkt. 23 at 1-2.) The...
ORDER AMY TOTENBERG , District Judge . Presently before the Court is the Magistrate Judge's Report and Recommendation ("R&R") that this Court dismiss Defendant John Katz's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255 [Doc. 35]. A district judge has broad discretion to accept, reject, or modify a magistrate judge's proposed findings and recommendations. United States v. Raddatz, 447 U.S. 667 , 680 (1980). The Court notes that no objections have been...
FINAL REPORT AND RECOMMENDATION MOTION TO VACATE 28 U.S.C. 2255 JOHN K. LARKINS, III , Magistrate Judge . Movant John Katz, a federal prisoner currently confined in the Federal Correctional Institution Coleman-Low in Sumterville, Florida, has filed a pro se 28 U.S.C. 2255 motion to vacate, challenging his 2017 conviction in this Court for attempted enticement of a minor to engage in unlawful sexual activity. (Doc. 35.) The matter is before the Court for a preliminary review...
ORDER PRISONER HABEAS CORPUS 28 U.S.C. 2255 LEIGH MARTIN MAY , District Judge . This matter is before the Court on the Magistrate Judge s Report and Recommendation ("R&R"), Dkt. No. [400], recommending that the Court dismiss this action without prejudice and deny a certificate of appealability. No objections have been filed in response to the Magistrate s Report and Recommendation. Therefore, in accordance with 28 U.S.C. 636Cb)(i) and Rule 72 of the Federal Rules of Civil Procedure,...
UNITED STATES MAGISTRATE JUDGE'S ORDER AND FINAL REPORT AND RECOMMENDATION MOTION TO VACATE 28 U.S.C. 2255 REGINA D. CANNON , Magistrate Judge . The matter is before the Court on Movant's motion voluntarily to dismiss without prejudice his 28 U.S.C. 2255 motion. (Mot. for Voluntary Dismissal, ECF No. 399). The party who has filed an action may dismiss that action without a court order before service of an answer or motion for summary judgment. Fed. R. Civ. P. 41(a)(1). At this time,...
ORDER THOMAS W. THRASH, JR. , District Judge . This is a criminal action. It is before the Court on the Report and Recommendation of the Magistrate Judge [Doc. 196] recommending denying various motions of the Defendant. I. Motion to Dismiss Counts 2-11 and 14-16 The Defendant argues that Counts 2-11 (wire fraud) and 14 (mail fraud) should be dismissed because as pleaded they do not include every element of each offense. The Defendant argues that the indictment is insufficient because it...
