MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION JAMES E. GRAHAM, Magistrate Judge. Plaintiff contests the decision of Administrative Law Judge G. William Davenport ("the AU" or "ALJ Davenport") denying her claim for a period of disability and disability insurance benefits. Plaintiff urges the Court to reverse the ALJ's decision and award her benefits. Defendant asserts the Commissioner's decision should be affirmed. Plaintiff protectively filed an application for a period of disability and...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BRIAN K. EPPS, Magistrate Judge. Petitioner filed the above-captioned petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Before the Court is Respondent's motion to dismiss the petition as untimely (doc. no. 7), which Petitioner opposes (doc. no. 12). For the reasons set forth below, the Court REPORTS and RECOMMENDS that Respondent's motion to dismiss be GRANTED, this petition be DISMISSED as untimely, and a final judgment be...
ORDER WILLIAM T. MOORE, Jr., District Judge. Before the Court is the Magistrate Judge's Report and Recommendation, to which no objections have been filed. (Doc. 125). After a careful review of the record, the Court concurs with the Report and Recommendation, which is ADOPTED as the Court's opinion in this case. Accordingly, the Court finds that Defendant Demetrious Allen Hall is COMPETENT to stand trial pursuant to 18 U.S.C. 4241. SO ORDERED.
ORDER B. AVANT EDENFIELD, District Judge. I. INTRODUCTION Before the Court is Defendants' Motion to Dismiss Count V of Plaintiff's Amended Complaint. ECF No. 28. In Count V of her Amended Complaint, Karen Branch ("Plaintiff') seeks punitive damages from Timothy M. O'Brien and Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, P.A. (collectively "Defendants") for their alleged malpractice and breach of fiduciary duty. See ECF No. 26 at 4-5. Plaintiff has withdrawn her response in...
ORDER WILLIAM T. MOORE, Jr., District Judge. Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 8), to which no objections have been filed. Accordingly, the report and recommendation is ADOPTED as the Court's opinion and Petitioner's 2255 motion is hereby DISMISSED. The Clerk of Court is DIRECTED to close this case. SO ORDERED.
ORDER LISA GODBEY WOOD, Chief District Judge. Presently before the Court is Defendants Rebel Auction Co. Inc. and Larry Davis's Motion for Summary Judgment (Dkt. no. 62). Upon consideration of the briefs and oral argument heard December 17, 2014, the Court finds that factual issues remain as to Defendants' liability for Plaintiffs' injuries. For reasons stated below, Defendants' Motion is DENIED. FACTUAL BACKGROUND The following facts are viewed in the light most favorable to Plaintiffs,...
ORDER WILLIAM T. MOORE, Jr., District Judge. Before the Court is Defendant Wesley Bernard Aikens's Motion to Reconsider. (Doc. 894. In the motion, Defendant asks the Court to reconsider its earlier order (Doc. 893 denying his Motion for Early Termination of Supervised Release (Doc. 892. After careful consideration, the Court finds no reason to disturb its prior order. Defendant has not performed his supervision in an outstanding fashion such that it would merit early termination of his...
ORDER WILLIAM T. MOORE, Jr., District Judge. Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 6, to which objections have been filed (Doc. 10 . After careful consideration, however, the Court finds Petitioner's objections to be without merit. Accordingly, the report and recommendation is ADOPTED as the Court's opinion and Petitioner's 2255 Motion is hereby DISMISSED. All remaining motions pending in this case are DISMISSED AS MOOT. The Clerk of Court is...
ORDER WILLIAM T. MOORE, Jr., District Judge. Steven H. Sadow, counsel of record for defendants in the above-styled cases, has moved for leave of absence. The Court is mindful that personal and professional obligations require the absence of counsel on occasion. The Court, however, cannot accommodate its schedule to the thousands of attorneys who practice within the Southern District of Georgia. Counsel may be absent at the times requested. However, nothing shall prevent these cases from...
ORDER LISA GODBEY WOOD, District Judge. After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Petitioner Gary Brestle ("Brestle" filed Objections. Respondent filed a Response, and Brestle filed a Reply. In his Objections, Brestle fails to set forth any facts which indicate that his 28 U.S.C. 2241 petition was brought properly in this Court. Brestle has submitted documentation, which he believes...
ORDER J. RANDAL HALL, District Judge. On February 5, 2013, discovery in this long-pending case was reopened following an extensive stay of discovery. Through arduous negotiations between the parties, and at the behest and oversight of the Court, a Joint Discovery Plan was entered upon the record of this case to govern the discovery process. (Doc. No. 490.) At present, a Revised Joint Discovery Plan (hereinafter "JDP"), approved on December 3, 2013, governs on-going discovery. 1 (Doc. No. 545....
ORDER B. AVANT EDENFIELD, District Judge. Eduardo Cruz-Camacho seeks the return of personal property that he alleges was taken from him when he was arrested. ECF No. 179. Unsurprisingly, the Government opposes the Motion. ECF No. 182. Because the Court has not been provided any evidence upon which to base a ruling, the Court ORDERS the parties to submit additional evidence to support their arguments. I. BACKGROUND In November 2013, a jury convicted Cruz-Camacho of conspiracy to deal in...
ORDER DUDLEY H. BOWEN, Jr., District Judge. Upon consideration of the Motion for Leave of Absence filed by the United States of America in the above-cited cases on behalf of Assistant United States Attorney Patricia G. Rhodes for January 15 through January 16, 2015, for a personal out of state trip, the same is hereby GRANTED.
GENERAL ORDER G.R. SMITH, Magistrate Judge. 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 of the report, a Scheduling Order must be entered pursuant to Fed. R. Civ. P. 16(b). Therefore, by the earlier of 21 days after the filing of the last answer of the defendants named in the original complaint or 45 days after the first appearance by answer or motion under Fed. R....
CONFIDENTIALITY ORDER G.R. SMITH, District Judge. To expedite the flow of discovery material, facilitate the prompt resolution of disputes over confidentiality, adequately protect material entitled to be kept confidential, and ensure that protection is afforded only to material so entitled, it is, pursuant to the Court's authority under Fed. R. Civ. P. 26(c)(1)(g) and by consent of the parties, IT IS ORDERED as follows: 1. Non-disclosure of Stamped Confidential Documents. Except with...
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 and DENIES Plaintiff's motion for injunctive relief. (Doc. no. 18.) SO ORDERED
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BRIAN K. EPPS, Magistrate Judge. Plaintiff, an inmate incarcerated at Autry State Prison ("Autry") in Pelham, Georgia, commenced the above-captioned case pursuant to 42 U.S.C. 1983 concerning events that occurred at Telfair State Prison ("TSP") in Helena, Georgia. Because he is proceeding in forma pauperis, the Court screened Plaintiffs complaint to protect potential defendants. Phillips v. Mashburn, 746 F.2d 782 , 785 (11th Cir. 1984); Al-...
ORDER J. RANDAL HALL, 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, AFFIRMS the Acting Commissioner's final decision, CLOSES this civil action, and DIRECTS the Clerk to enter final judgment in favor of the Acting Commissioner. SO ORDERED.
ORDER B. AVANT EDENFIELD, District Judge. After a careful de novo review of the record in this case, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. SO ORDERED.
ORDER B. AVANT EDENFIELD, District Judge. After a careful de novo review of the record in this case, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. SO ORDERED.
