MAGISTRATE JUDGE'S FINAL REPORT AND RECOMMENDATION MOTION TO VACATE 28 U.S.C. 2255 JUSTIN S. ANAND , Magistrate Judge . Movant, a federal prisoner serving a 96-month sentence, has filed a Motion For Review Of A Sentence And Conviction Pursuant To Title 18 U.S.C. 3742 And For Summary Judgment Pursuant To Fed. R. Civ. P. 56(c) (Doc. 53), which the Court construes as his second 28 U.S.C. 2255 motion challenging the factual basis of his guilty plea and conviction for distribution of...
PRISONER HABEAS CORPUS 28 U.S.C. 2244 UNITED STATES MAGISTRATE JUDGE'S ORDER AND FINAL REPORT AND RECOMMENDATION JANET F. KING , Magistrate Judge . Petitioner, Jamon Demetrius Jackson, challenges via 28 U.S.C. 2254 the constitutionality of his 2008 Fulton County convictions. The matter is before the Court on (1) the amended Petition [5]; (2) Petitioner's motions for transfer [15] and for a release order [16]; (3) Respondent's answer-response [21] and motion to dismiss as untimely and/...
ORDER AND FINAL REPORT AND RECOMMENDATION CATHERINE M. SALINAS , Magistrate Judge . This action is before the Court on Defendant Bufus Coney's application to proceed in forma pauperis and pro se Petition for Removal from the Magistrate Court of DeKalb County, Georgia. (Doc. 1). Coney's affidavit of indigency indicates the inability to pay the filing fee or incur the costs of these proceedings. (Doc. 1). Thus, the requirements of 28 U.S.C. 1915(a)(1) have been satisfied, and the...
UNITED STATES MAGISTRATE JUDGE'S FINAL REPORT AND RECOMMENDATION ALAN J. BAVERMAN , Magistrate Judge . Gregory Landon Smith ("Smith" or "Defendant") moves to suppress the fruits of a traffic stop and the search of the Ford Explorer he was driving on April 15, 2015, that resulted in the seizure of a small quantity of methamphetamine in an Altoids can and approximately one pound of methamphetamine in a glove inside a cooler under the back seat. [Doc. 237]. The Court held two separate...
MAGISTRATE JUDGE'S FINAL REPORT AND RECOMMENDATION PRISONER CIVIL ACTION 28 U.S.C. 1331 JUSTIN S. ANAND , Magistrate Judge . Plaintiff, who is wheelchair-bound, was arrested at his home on March 18, 2015. ( See Docs. 1; 12 at 4-5; 77-1). Plaintiff claims that Agent McLeod, the sole named Defendant — a "Special Agent for the Bureau of Alcohol, Tobacco, Firearms and Explosives (`ATF')" (Doc. 77-1 1) — participated in a vicious beating Plaintiff sustained on the day of his arrest. (...
MOTION TO VACATE 28 U.S.C. 2255 LINDA T. WALKER , Magistrate Judge . ORDER AND FINAL REPORT AND RECOMMENDATION Movant is a federal prisoner who, pro se, challenges under 28 U.S.C. 2255 his judgment of conviction. (Doc. 177.) 1 Respondent filed a response in opposition to the motion, (doc. 180), and Movant filed a reply, (doc. 184). For the reasons discussed below, the undersigned finds that Movant is not entitled to relief. I. Background A grand jury indicted Movant for armed bank...
MAGISTRATE JUDGE'S ORDER AND NON-FINAL REPORT AND RECOMMENDATION LINDA T. WALKER , Magistrate Judge . This case is presently before the Court on Defendant Dover Staffing's ("Dover") Motion to Dismiss Plaintiff's First Amended Complaint Under Rule 12(b)(6) ("Dover Staffing's Motion to Dismiss," Doc. 26), and Defendant DeKalb County's ("DeKalb") Motion to Plaintiff's Amended Complaint ("DeKalb County's Motion to Dismiss," Doc. 35). For the reasons outlined below, this Court RECOMMENDS...
PRISONER HABEAS CORPUS 28 U.S.C. 2254 UNITED STATES MAGISTRATE JUDGE'S FINAL REPORT AND RECOMMENDATION JANET F. KING , Magistrate Judge . Petitioner, Alvenio Culpepper, challenges via 28 U.S.C. 2254 his May 2009 Gwinnett County convictions. The matter is before the Court for consideration of the petition [1], and Respondent's answer response and motion to dismiss [8, 9]. For the reasons stated below, the undersigned recommends that the motion to dismiss be granted and that this...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE CATHERINE M. SALINAS , Magistrate Judge . This case is before the Court on Defendant Nathan E. Hardwick's Motion for Severance (Doc. 60) and Particularized Motion for Severance (Doc. 73) (collectively the "Motion to Sever"), brought pursuant to Bruton v. United States , 391 U.S. 123 , 88 S.Ct. 1620 (1968). Hardwick asks the Court to sever his case from that of his co-defendant Asha Maurya due to allegedly incriminating...
FINAL REPORT AND RECOMMENDATION CATHERINE M. SALINAS , Magistrate Judge . This matter is before the Court on Plaintiff's failure to comply with a lawful order of this court. The complaint in the above-styled case was filed on July 28, 2016. [Doc. 1, Compl.]. The recently revised Federal Rule of Civil Procedure 4(m) requires service of the summons and complaint upon the defendant to be made within 90 days after the filing of the complaint. Fed. R. Civ. P. 4(m). Rule 4(m) provides, in...
OPINION AND ORDER THOMAS W. THRASH, Jr. , District Judge . This is a breach of contract action. It is before the Court on the Defendants Mount Kenya University ("M KU") and Dr. Simon N. Gicharu's Motion for Summary Judgment [Doc. 23]. For the reasons set forth below, the Defendants' Motion for Summary Judgment [Doc. 23] is GRANTED. I. Background The Plaintiff, XL Squad Entertainment LLC, is a film production company headquartered in Georgia. 1 The Defendant, Mount Kenya University, is...
OPINION AND ORDER WILLIAM S. DUFFEY, Jr. , District Judge . This matter is before the Court on Magistrate Judge Catherine M. Salinas' Report and Recommendation ("R&R") [53], recommending that Defendant Patrick Anthony Heard's ("Defendant") Motion to Suppress Evidence ("Evidence Suppression Motion") [16] be granted, and that his Motion to Suppress Statements ("Statements Suppression Motion") [17] be denied. I. BACKGROUND A. Introduction On June 23, 2015, the grand jury issued an...
OPINION AND ORDER WILLIAM S. DUFFEY, Jr. , District Judge . This matter is before the Court on Magistrate Judge Linda T. Walker's Non-Final Report and Recommendation ("R&R") [90] regarding Defendant Jason Philpot's Motion to Dismiss Count Two of the Indictment [80] ("Motion to Dismiss") and Defendant Patrick Reese's Motion to Adopt Motion to Dismiss Filed by Other Counsel [82] in which Reese seeks dismissal of Count Three of the Indictment and in which he requests to adopt the grounds and...
OPINION AND ORDER WILLIAM S. DUFFEY, Jr. , UNITED STATES DISTRICT JUDGE . This matter is before the Court on Defendant The Coca-Cola Company's Motion for Judgment on the Pleadings [70] ("Motion"). Also before this Court is Defendant's Motion for Oral Argument [71]. I. BACKGROUND A. Facts Plaintiff Automated Tracking Solutions, LLC ("ATS") is a Delaware limited liability company, founded and owned by Dr. Fred H. Sawyer. (Am. Compl. [33] 2, 12-13). Dr. Sawyer "is the sole named...
OPINION AND ORDER WILLIAM S. DUFFEY, Jr. , District Judge . This matter is before the Court on Defendant Auto-Owners Insurance Company's ("Auto-Owners") Motion for Summary Judgment [61] and Plaintiff Gregory Wiedeman's ("Plaintiff") Cross-Motion for Summary Judgment [186]. I. BACKGROUND A. Facts This action arises from an August 8, 2014, collision (the "Collision") between Plaintiff and Defendant Walter Patrick Dorn, IV, an employee of Defendant H&F Transfer, Inc. ("H&F"). (Auto-...
OPINION AND ORDER WIILAIM S. DUFFEY, Jr. , District Judge . This matter is before the Court on Defendant Allstate Property & Casualty Insurance Company's ("Defendant") Notice of Attorney's Fees [166]. I. BACKGROUND On December 6, 2016, the Court issued an Order [165] ("December 6th Order") finding that Respondent Sandra Finch ("Respondent") had refused, in bad faith, to comply with lawful orders of the Court. The Court exercised its inherent power to sanction Respondent. One of the...
ORDER AMY TOTENBERG , District Judge . This matter is before the Court on the Magistrate Judge's Report and Recommendation as to Defendant Jokelera Copeland's motion to suppress statements [Doc. 561]. The Magistrate Judge recommends that this Court deny Defendant's motion. The Court notes that no objections have been filed in response to the Magistrate's Report and Recommendation. Therefore, in accordance with 28 U.S.C. 636(b)(1) and Rule 59 of the Federal Rules of Criminal Procedure,...
ORDER AMY TOTENBERG , District Judge . This matter is before the Court on the Magistrate Judge's Report and Recommendation as to Defendant Bettie Jones' motion to suppress statements [Doc. 541]. The Magistrate Judge recommends that this Court deny Defendant's motion. The Court notes that no objections have been filed in response to the Magistrate's Report and Recommendation. Therefore, in accordance with 28 U.S.C. 636(b)(1) and Rule 59 of the Federal Rules of Criminal Procedure, the...
ORDER AMY TOTENBERG , District Judge . This matter is before the Court on the Magistrate Judge's Report and Recommendation as to Defendant Shameik Spinks' motions to suppress statements [Doc. 539]. The Magistrate Judge recommends that this Court grant Defendant's motions to suppress and that Defendant's statements to the FBI on January 7, 2016 be suppressed. The Court notes that no objections have been filed in response to the Magistrate's Report and Recommendation. Therefore, in...
OPINION AND ORDER WILLIAM S. DUFFEY, Jr. , District Judge . This matter is before the Court on Magistrate Judge John K. Larkins III's Final Report and Recommendation [46] ("R&R"). The R&R recommends the Court deny Movant Artavius Brown's ("Movant") motion under 28 U.S.C. 2255 to vacate, set aside, or correct sentence by a person in federal custody [40] ("Motion to Vacate"). I. BACKGROUND On March 19, 2014, Movant was charged with and pled guilty to two counts of brandishing a firearm...
