ORDER J. RANDAL HALL , CHIEF JUDGE . Before the Court are two motions to dismiss. Defendants Whitfield, Colvin, and the State of Georgia move together (Doc. 21), and Defendant Sherrod moves separately (Doc. 30). Plaintiff Donnate Small, represented by counsel, responded to the motions and they are ripe for decision. For the following reasons, Defendants Whitfield, Colvin, and the State of Georgia's motion is granted in part and denied in part, and Defendant Sherrod's motion is denied....
ORDER WILLIAM T. MOORE, JR. , District Judge . On December 13, 2019, Defendant Wilson petitioned the Court to "correct a clerical error in the presentence report under Rule 36" (Doc. 137). Specifically, Defendant asserts that his presentence report reflects a juvenile adjudication from a "non-existent juvenile record." This juvenile adjudication involves the offenses of sexual battery, simple assault and terroristic threats. Defendant has been the subject of two presentence reports...
ORDER J. RANDAL HALL , Chief District Judge . Before the Court is Plaintiffs' amended motion for class certification. (Doc. 93.) Having undertaken a detailed analysis of the briefs and the record, the Court GRANTS Plaintiffs' motion. I. BACKGROUND This action is based on Defendants' alleged violation of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692 et seq., violation of the Georgia usury statutes, O.C.G.A. 7-4-1 et seq., and Georgia law prohibiting unjust...
ORDER LISA GODBEY WOOD , District Judge . After an independent and de novo review of the entire record, the Court concurs with the Magistrate Judge's Report and Recommendation. Dkt. No. 12. Petitioner Sijames Melus ("Melus") did not file Objections to this Report and Recommendation. Accordingly, the Court ADOPTS the Magistrate Judge's Report and Recommendation, DISMISSES without prejudice Melus's 28 U.S.C. 2241 Petition for failure to follow this Court's Order, DENIES as moot...
ORDER GRANTING JOINT MOTION TO STAY REMAINING DEADLINES CHRISTOPHER L. RAY , Magistrate Judge . Having reviewed the parties' Joint Motion to Stay Remaining Deadlines, and in the interests of judicial economy and for good cause shown, IT IS HEREBY ORDERED that the Motion to Stay is GRANTED and discovery in this case will be stayed for sixty days from the entry of this Order. The parties are ORDERED AND DIRECTED to notify the Court of settlement or to present a proposed consent amended...
ORDER LISA GODBEY WOOD , District Judge . After an independent review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation. Dkt. No. 70. Although nothing labeled "objections" has been filed in response thereto, two of Defendant's recent filings, dkt. nos. 111 and 112, could be liberally construed as objections. To the extent Defendant intended those filings to serve as objections to the Report and Recommendation, they are OVERRULED. The very thorough...
ORDER LISA GODBEY WOOD , District Judge . After an independent review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation. Dkt. No. 97. Although nothing labeled "objections" has been filed in response thereto, two of Defendant's recent filings, dkt. nos. 111 and 112, could be liberally construed as objections. To the extent Defendant intended those filings to serve as objections to the Report and Recommendation, they are OVERRULED. The very thorough...
ORDER DUDLEY H. BOWEN , District Judge . The Application for Leave of Absence filed by Tina E. Maddox, counsel for Defendant BRANDON PAYNE, having been considered, good cause being shown, and there being no opposition thereto, the Application for Leave of Absence for March 20, 2020; April 6, 2020 through April 10, 2020 May 14, 2020 through May 16, 2020; June 19, 2020 and June 22, 2020; and July 20, 2020 through July 24, 2020, is hereby GRANTED.
ORDER DUDLEY H. BOWEN , District Judge . After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, DENIES AS MOOT TMG's original motion to set aside default, (doc. no. 44), GRANTS TMG's motion to open default, (doc. no. 63), and DENIES Plaintiff's motions for default judgment and...
ORDER DUDLEY H. BOWEN, JR. , Senior District Judge . Upon consideration of the Motion for Leave of Absence filed by counsel for Audra Roper in the above-referenced case for Tuesday, May 26, 2020 through and including Friday, May 29, 2020, the same is hereby GRANTED. It is so ORDERED.
ORDER WILLIAM T. MOORE, JR. , District Judge . Before the Court is Plaintiffs' Motion for Preliminary Injunction. (Doc. 8.) On September 14, 2018, the Food and Nutrition Service ("FNS") withdrew Plaintiffs' authorization to participate as a retailer in the Supplemental Nutrition Assistance Program ("SNAP"). (Doc. 32 at 5.) FNS informed Plaintiffs that they may reapply for authorization as a SNAP retailer at any time. ( Id. ) Instead, Plaintiffs sought administrative review of FNS'...
ORDER GRANTING JOINT MOTION FOR TELEPHONIC STATUS CONFERENCE CHRISTOPHER L. RAY , Magistrate Judge . Before the Court is the Parties' Joint Motion for Telephonic Status Conference. Having reviewed the motion, the Court GRANTS the Motion for Telephonic Status Conference. A telephonic status conference for the purposes of resetting the deadlines in the Scheduling Order will be held on March 10, 2020 at 1:30 p.m. So Ordered.
ORDER CHRISTOPHER L. RAY , Magistrate Judge . The district judge adopted the undersigned's recommendation that pro se plaintiff Anthony Oliver's filings in this case—and any other case he files—be restricted, due to the vexatious character of his litigation. See doc. 56. Oliver appealed that order. See doc. 59. That appeal is still pending, as is Oliver's appeal of the same Order in a virtually identical case. See Oliver v. Lyft, Inc., CV419-063 (S.D. Ga.). As the appeal of the...
ORDER CHRISTOPHER L. RAY , Magistrate Judge . The district judge adopted the undersigned's recommendation that pro se plaintiff Anthony Oliver's filings in this case—and any other case he files—be restricted, due to the vexatious character of his litigation. See doc. 115. Oliver appealed that order. See doc. 118. The Court of Appeals dismissed that appeal in January. See doc. 121. However, very recently, the Court of Appeals has permitted Oliver to reinstate that appeal. See doc....
ORDER LISA GODBEY WOOD , District Judge . On March 4, 2020 Plaintiff moved this Court to enter an order requiring Defendants to produce certain records for Plaintiff's use at the deposition of Commander Norm. C. Witt, scheduled for March 9, 2020. Dkt. No. 47. That motion has been fully briefed by the parties. Dkt. Nos. 49, 50, 51. After review of the motions and in careful consideration of the facts of this case, the Court DENIES Plaintiff's request and ORDERS the deposition to go...
ORDER LISA GODBEY WOOD , District Judge . After an independent and de novo review of the entire record, the Court concurs with the Magistrate Judge's Report and Recommendation. Dkt. No. 16. Petitioner Sibongiseni Msezane ("Msezane") filed Objections to this Report and Recommendation. Dkt. No. 17. In his Objections, Msezane asserts "[c]laims of U.S. citizenship are transferred to District Court for evidentiary findings[]" and that the district court has subject matter jurisdiction over...
ORDER AND MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BENJAMIN W. CHEESBRO , Magistrate Judge . Plaintiff contests the decision of Administrative Law Judge Craig Petersen ("the ALJ" or "ALJ Petersen") denying her claim for a Period of Disability, Disability Insurance Benefits, and Supplemental Security Income. Plaintiff urges the Court to reverse and remand the ALJ's decision for rehearing. Doc. 18 at 27. Defendant asserts the Commissioner's decision should be affirmed. Doc. 19 at 17....
ORDER AND MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BENJAMIN W. CHEESBRO , Magistrate Judge . This matter is before the Court on Defendants' Motions to Dismiss. Docs. 17, 20. For the reasons set forth below, I RECOMMEND the Court GRANT Defendants' Motions and DISMISS Plaintiff's claims as barred by the applicable statute of limitations. I also RECOMMEND the Court DIRECT the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal and DENY...
ORDER AND MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BENJAMIN W. CHEESBRO , Magistrate Judge . Plaintiff's asserts a claim in this action under 42 U.S.C. 1983, alleging Defendants violated his equal protection rights under the Fourteenth Amendment. Doc. 32 at 1. Plaintiff, who only speaks and reads Spanish, alleges a discriminatory prison policy has denied him access to Spanish-language legal materials. Id. The parties completed discovery in this case, and Defendants have now filed...
RULE 26 INSTRUCTION ORDER R. STAN BAKER , District Judge . The above captioned case having recently been filed in this Court, the Court issues the following Order to provide instructions to the parties regarding their initial discovery obligations and to institute initial case management proceedings. I. Rule 26(f) Conference Federal Rule of Civil Procedure 26(f) requires the parties to confer, develop a proposed discovery plan, and submit a report to this Court. Subsequent to the filing...
