ORDER AND REPORT AND RECOMMENDATION JAMES E. GRAHAM , Magistrate Judge . Reginald Johnson, acting through his mother, Ella Johnson, has filed a Complaint seeking injunctive relief arising from the withdrawal (or threat of withdrawal) of financial support by the Georgia Department of Behavioral Health and Developmental Disabilities (the "Agency"). Doc. 1 at 2; doc. 10 at 3. The Court performed the preliminary screening required by 28 U.S.C. 1915(e)(2), recommending that Ella be...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BRIAN K. EPPS , Magistrate Judge . Plaintiff, an inmate at Rogers State Prison ("RSP") in Reidsville, Georgia, commenced the above-captioned case pursuant to 42 U.S.C. 1983. Before the Court is Plaintiff's Motion for an Injunctive Order. (Doc. no. 24.) For the reasons set forth below, the Court REPORTS and RECOMMENDS Plaintiff's motion be DENIED. I. BACKGROUND Plaintiff names as Defendants: (1) Deputy Warden James Blair and (2)...
REPORT AND RECOMMENDATION JAMES E. GRAHAM , Magistrate Judge . Officers responding to a domestic dispute at 506 W. 62nd Street on September 17, 2017, interviewed defendant Iverson Lang before taking him into custody. See Affidavit and Application for a Search Warrant, attached as Exh. A to defendant's motion at doc. 22-1. 1 In the early hours of the morning, after taking Lang into custody, law enforcement secured a warrant to search the residence and seize any firearms, ammunition, or...
ORDER STAYING PROCEEDINGS JAMES E. GRAHAM , District Judge . Having considered the Parties' Consent Motion to Stay Proceedings, and for good cause shown, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that all proceedings in this matter will be stayed until March 31, 2019. The Plaintiff will be given until June 28, 2019, for its expert disclosures required by Fed. R. Civ. P. 26(a)(2), Defendant be given until September 27, 2019, for its expert disclosures required by Fed. R. Civ. P. 26(...
ORDER JAMES E. GRAHAM , Magistrate Judge . Based upon the motion of the Government, and for good cause shown therein, it is hereby ORDERED that all process and related documents issued under Case Number 4:18-MJ-49 shall be unsealed. SO ORDERED.
ORDER DUDLEY H. BOWEN , District Judge . The United States of America has filed a motion for a temporary stay of this case and an extension of all deadlines on the basis that there has been a lapse in appropriations to the Federal Government. Appropriations for funding the Department of Justice ("DOJ") and other Federal Government operations lapsed on December 21, 2018, causing a partial government shutdown. The DOJ is prohibited from engaging in its duties — including litigation...
ORDER JAMES E. GRAHAM , Magistrate Judge . Upon consideration of the United States' motion for temporary stay of the proceedings in light of a Government lapse in appropriations, IT IS HEREBY ORDERED that this case is stayed until the U.S. Attorney's funding is restored and all pending deadlines are accordingly extended.
ORDER JAMES E. GRAHAM , Magistrate Judge . Based upon the motion of the Government, and for good cause shown therein, it is hereby ORDERED that all process and related documents issued under Case Number 4:18-MJ-100 shall be unsealed. SO ORDERED.
ORDER JAMES E. GRAHAM , Magistrate Judge . Marvin Aikens moves under 28 U.S.C. 2255 to vacate, set aside, or correct his federal sentence. CR408-226, doc. 73; see United States v. Almand, 992 F.2d 316 , 317 (11th Cir. 1993) (individuals challenging the validity of any sentence, including those imposed for revocation of supervised release, must utilize 2255). The Court DIRECTS the Government to respond within ninety days from the date of this Order. 28 U.S.C. 2255 Rule 4(b). SO...
ORDER JAMES E. GRAHAM , Magistrate Judge . BEFORE THE COURT is Defendant Baker Constructors, Inc.'s (BCI") Motion to Seal Docket Entry No. 55. BCI moves pursuant to S.D. Ga. L.R. 79.7 to seal this document because it relies upon and incorporates confidential information as well as briefs previously filed under seal. BCI requests that its filing remains permanently sealed. FOR GOOD CAUSE SHOWN, BCI's motion (doc. 56) is GRANTED. The Clerk is directed to seal Docket Entry No. 55, the...
ORDER JAMES E. GRAHAM , Magistrate Judge . Counsel in the above-captioned case have advised the Court that all pretrial motions have been complied with and/or that all matters raised in the parties motions have been resolved by agreement. Therefore, a hearing in this case is deemed unnecessary. All motions are dismissed. SO ORDERED.
ORDER J. RANDAL HALL , Chief District Judge . Before the Court is Defendant Internal Revenue Service's motion to stay. (Doc. 9.) On December 21, 2018, appropriations for funding the Department of Justice ("DOJ") and other Federal Government operations lapsed causing a partial government shutdown. Because the DOJ is prohibited from engaging in its duties — including litigation activities — without appropriations, see 31 U.S.C. 1341(a)(1)(B), 1342, it seeks a stay of this action and an...
ORDER J. RANDAL HALL , Chief District Judge . Before the Court is Plaintiff Equal Employment Opportunity Commission's ("EEOC") motion to stay. (Doc. 54.) On December 21, 2018, appropriations for funding the EEOC and other Federal Government operations lapsed causing a partial government shutdown. Because the EEOC is prohibited from engaging in its duties — including litigation activities — without appropriations, see 31 U.S.C. 1341(a)(1)(B), 1342, it seeks a stay of this action and an...
ORDER J. RANDAL HALL , Chief District Judge . On July 11, 2006, Defendant James Lamar Lyons was convicted by a jury for possession of firearms and ammunition by a convicted felon. He was sentenced to serve 63 months imprisonment followed by three years of supervised release. 1 Following his release from federal custody, Defendant's term of supervised release was revoked twice — in January 2015 and June 2017. With respect to the June 2017 revocation, the Court determined by a...
ORDER J. RANDAL HALL , Chief District Judge . Before the Court is Defendant United States of America's motion to stay. (Doc. 6.) On December 21, 2018, appropriations for funding the Department of Justice ("DOJ") and other Federal Government operations lapsed causing a partial government shutdown. Because the DOJ is prohibited from engaging in its duties — including litigation activities — without appropriations, see 31 U.S.C. 1341(a)(1)(B), 1342, Defendant seeks a stay of this action...
ORDER J. RANDAL HALL , Chief District Judge . Before the Court is Plaintiff Equal Employment Opportunity Commission's ("EEOC") motion to stay. (Doc. 14.) On December 21, 2018, appropriations for funding the EEOC and other Federal Government operations lapsed causing a partial government shutdown. Because the EEOC is prohibited from engaging in its duties — including litigation activities — without appropriations, see 31 U.S.C. 1341(a)(1)(B), 1342, it seeks a stay of this action and an...
ORDER J. RANDAL HALL , Chief District Judge . Before the Court is Plaintiff Equal Employment Opportunity Commission's ("EEOC") motion to stay. (Doc. 10.) On December 21, 2018, appropriations for funding the EEOC and other Federal Government operations lapsed causing a partial government shutdown. Because the EEOC is prohibited from engaging in its duties — including litigation activities — without appropriations, see 31 U.S.C. 1341(a)(1)(B), 1342, it seeks a stay of this action and an...
ORDER J. RANDAL HALL , Chief District Judge . Before the Court is Defendant United States of America's motion to stay. (Doc. 21.) On December 21, 2018, appropriations for funding the Department of Justice ("DOJ") and other Federal Government operations lapsed causing a partial government shutdown. Because the DOJ is prohibited from engaging in its duties — including litigation activities — without appropriations, see 31 U.S.C. 1341(a)(1)(B), 1342, Defendant seeks a stay of this action...
ORDER J. RANDAL HALL , Chief District Judge . Before the Court is Martha T. Rumph's Motion of Plaintiff's Representative for Substitution as Plaintiff pursuant to Federal Rule of Civil Procedure 25(a). (Doc. 20.) Plaintiff, Darrie D. Rumph, died on May 26, 2018. (Suggestion of Death, Doc. 8, 2.) Defendant filed notice of his death on June 21, 2018. (Suggestion of Death.) On November 15, 2018, the Probate Court of Houston County, Georgia, designated Martha T. Rumph as Administrator for...
ORDER J. RANDAL HALL , Chief District Judge . Before the Court is Defendant United States of America's motion to stay. (Doc. 171.) On December 21, 2018, appropriations for funding the Department of Justice ("DOJ") and other Federal Government operations lapsed causing a partial government shutdown. Because the DOJ is prohibited from engaging in its duties — including litigation activities — without appropriations, see 31 U.S.C. 1341(a)(1)(B), 1342, Defendant United States of America...
