FINAL REPORT AND RECOMMENDATION CATHERINE M. SALINAS , Magistrate Judge . Plaintiff Cleon Thelton Day III ("Plaintiff") brings this action pursuant to the Social Security Act, 42 U.S.C. 405(g), to obtain judicial review of the final decision of the Commissioner of the Social Security Administration (the "Commissioner") denying Plaintiff's application for a period of disability, disability insurance benefits ("DIB"), and supplemental security income ("SSI"). For the reasons set forth...
FINAL REPORT AND RECOMMENDATION MOTION TO VACATE 28 U.S.C. 2255 RUSSELL G. VINEYARD , Magistrate Judge . This matter has been submitted to the undersigned Magistrate Judge for consideration of Timothy Lenon's pro se motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255. [Doc. 80]. For the reasons that follow, the undersigned finds that this 2255 motion is premature and RECOMMENDS that this action be DISMISSED WITHOUT PREJUDICE pursuant to Rule 4(b)...
NON-FINAL REPORT AND RECOMMENDATION WALTER E. JOHNSON , Magistrate Judge . This matter is before the Court on defendant Brian Hernandez Acosta's Motion to Suppress Evidence [50] and Motion to Suppress Statements [51]. On September 13, 2017, the Court conducted an evidentiary hearing [77] regarding these Motions, which has been transcribed [82] (hereafter "Tr."). The parties have also briefed the issues raised. ( See Gov't Br. [90]; Def.'s Resp. [100]; Gov't Reply [134].) For the reasons...
ORDER AND FINAL REPORT AND RECOMMENDATION HABEAS CORPUS 28 U.S.C. 2254 JOHN K. LARKINS, III , Magistrate Judge . Petitioner is a state prisoner who, pro se, seeks a writ of habeas corpus under 28 U.S.C. 2254. [Doc. 4]. Petitioner challenges his judgment of conviction entered in Fulton County, Georgia. [ Id. ] Respondent has filed a motion to dismiss on the ground that Petitioner has failed to exhaust his available state court remedies. [Doc. 11]. Petitioner has filed a motion for...
MOTION TO VACATE 28 U.S.C. 2255 TIMOTHY C. BATTEN, SR. , District Judge . ORDER This matter is before the Court on Magistrate Judge John K. Larkins, III's Final Report and Recommendation ("R&R") [511] recommending that Dunn's motions to vacate, set aside, or correct his sentence be dismissed as untimely. No objections have been filed. The Court has conducted a "careful and complete" review of the R&R. Williams v. Wainwright, 681 F.2d 732 , 732 (11th Cir. 1982) (per curiam) (quoting...
ORDER LISA GODBEY WOOD , District Judge . This matter comes before the Court on Plaintiff Glenda Knox's Request for Damages. Plaintiff filed suit against Happy Cab, LLC ("Happy Cab") and Stacey R. Dixon, alleging violations of the minimum wage and overtime provisions of the Fair Labor Standards Act ("FLSA"). After both Defendants' failure to appear, this Court entered a default judgment on November 21, 2017. Dkt. No. 10. A hearing to determine damages was held on December 20, 2017. Even...
ORDER ORINDA D. EVANS , District Judge . This civil action is before the Court on the Final Report and Recommendation of United States Magistrate Judge Walter E. Johnson filed November 22, 2017 [Doc. 14] ("R&R"). No objections have been filed. In the R&R, Judge Johnson recommends that Defendant's Motion to Dismiss be granted and that this case be dismissed. The Court having read and considered the R&R and noting the absence of any objections thereto, it is hereby ADOPTED as the opinion...
FINAL REPORT AND RECOMMENDATION WALTER E. JOHNSON , Magistrate Judge . Plaintiff, LaShandra Battle, filed the instant Complaint [1] alleging that defendant. Finish Line, Inc., discriminated against her based on race in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C. 1981. This case is before the Court on defendant's Motion to Dismiss [13]. For the reasons set forth below, the undersigned RECOMMENDS that said Motion be GRANTED. I. DISCUSSION On March 31,...
ORDER AMY TOTENBERG , District Judge . Presently before the Court is the Magistrate Judge's Report and Recommendation ("R&R") [Doc. 35] recommending that the Court deny Defendant Grant Kidd's motion and perfected motion to suppress his January 14, 2016, statement. The Defendant filed objections to the R&R [Doc. 37]. 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...
OPINION AND ORDER WILLIAM S. DUFFEY, JR. , District Judge . This matter is before the Court on Defendant QuikTrip Corporation's (the "Defendant") Motion for Summary Judgment [73]. I. BACKGROUND A. Facts 1. The Shooting The undisputed facts, construed in the light most favorable to Plaintiff Alan E. Robles ("Plaintiff"), show that on the evening of September 6, 2015, Plaintiff, his brother Cesar Robles ("Cesar"), his brother-in-law Victor Sanchez ("Victor"), and Victor's cousins...
OPINION AND ORDER WILLIAM S. DUFFEY, JR. , District Judge . This matter is before the Court on the Government's Motion In Limine to Admit Evidence of Defendant's Under-Oath Admissions During Related Contempt Proceeding [106], Motion to Preclude Mistake-of-Age Defense for Count Three [107], Motion to Preclude Evidence of Minor Victim A.B.'s Other Sexual History Pursuant to Fed. R. Evid. 412 [108], Motion to Allow Victim "A.B." to Remain in Courtroom During Trial Pursuant to the Crime...
OPINION AND ORDER THOMAS W. THRASH, JR. , District Judge . This is an action for fraud. It is before the Court on the Defendant Dimitar Petlechkov's Motion for Summary Judgment [Doc. 99] and the Plaintiff Federal Express Corporation's Motion for Partial Summary Judgment [Doc. 102]. For the reasons set forth below, the Defendant Dimitar Petlechkov's Motion for Summary Judgment [Doc. 99] is GRANTED, and the Plaintiff Federal Express Corporation's Motion for Partial Summary Judgment [Doc. 102]...
ORDER ORINDA D. EVANS , District Judge . This civil action is before the Court on the Final Report and Recommendation of United States Magistrate Judge Walter E. Johnson filed November 6, 2017 [Doc. 3] ("R&R"). No objections have been filed. In the R&R, Judge Johnson recommends that this case be remanded to the Magistrate Court of Fulton County. Remand is warranted because this Court lacks jurisdiction over the case. The Court having read and considered the R&R and noting the absence of...
ORDER ORINDA D. EVANS , District Judge . This civil action is before the Court on the Final Report and Recommendation of United States Magistrate Judge John K. Larkins III filed November 6, 2017 [Doc. 3] ("R&R"). No objections have been filed. In the R&R, Judge Larkins recommends that this case be remanded to the Magistrate Court of Fulton County. Remand is warranted because this Court lacks jurisdiction over the case. The Court having read and considered the R&R and noting the absence...
OPINION AND ORDER WILLIAM S. DUFFEY, JR. , District Judge . This matter is before the Court on the Government's Motion in Limine to Admit Evidence Under Rule 404(b) of the Federal Rules of Evidence [91], and Betiluz Suarez's Motion to Strike Surplusage from the Indictment [99]. I. BACKGROUND On March 8, 2017, a Northern District of Georgia grand jury returned a 13-count Indictment charging Defendants Betiluz Suarez ("Ms. Suarez"), Jose F. Polanco, and Alexander Alayo with various...
OPINION AND ORDER WILLIAM S. DUFFEY, JR. , District Judge . This matter is before the Court on Plaintiff Gateway One Lending & Finance, LLC's ("Plaintiff") Motion for Entry of Default Judgment [14] (the "Motion"). I.BACKGROUND A. Facts Defendant Golden Auto Brokers Incorporated a/k/a Auto Brokers, Inc. ("Golden Auto") owns and operates an automobile dealership in Atlanta, Georgia. (Amended Complaint [9] 10). Ray Maurice Hamilton ("Hamilton") (together with Golden Auto, "Defendants")...
NON-FINAL REPORT AND RECOMMENDATION WALTER E. JOHNSON , Magistrate Judge . This matter is before the Court on Brandon Panky's Motion to Suppress Evidence [14]. He challenges a state search warrant issued for information stored on his Facebook account. (Warrant [17-1] 5-7.) While Mr. Panky acknowledges that the state magistrate's issuance of the warrant predated the main authority upon which his argument relies, and that the warrant is similar to two warrants that met the " Leon good-...
ORDER HAROLD L. MURPHY , Senior District Judge . This case is before the Court on Defendant's Motion to Suppress Evidence [14], and on the Non-Final Report and Recommendation of United States Magistrate Judge Walter E. Johnson [19]. I. Standard of Review 28 U.S.C. 636(b)(1) requires that in reviewing a magistrate judge's report and recommendation, the district court "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to...
ORDER MARK H. COHEN , District Judge . On October 4, 2016, a four-count indictment was returned against Defendant, which included charges relating to an armed bank robbery he purportedly committed at a Bank of America branch in Smyrna, Georgia, on September 7, 2016. Criminal Indictment [Doc. 10]. This action comes before the Court on the Final Report and Recommendation ("R&R") of Magistrate Judge Justin S. Anand [Doc. 60] recommending that Defendant's Motion to Suppress Evidence [Doc. 20],...
OPINION AND ORDER WILLIAM S. DUFFEY, JR. , District Judge . This matter is before the Court on Defendant Russell R. McMurry's 1 ("Defendant") Special Appearance Motion to Dismiss [3] ("Motion to Dismiss") and Motion to Stay Discovery [4]. Also before the Court is Plaintiff Andrew Clarke's ("Plaintiff") Request for Entry of Default Judgment. ([6]). I. BACKGROUND 2 On April 2, 1996, Plaintiff Andrew Clarke ("Plaintiff") was struck by a drunk driver while operating a Georgia Department...
