Report and Recommendation on Central Asbestos's Motion to Dismiss DEBRA McVICKER LYNCH , Magistrate Judge . Before the court for a report and recommendation on its appropriate disposition is a motion to dismiss filed by defendant Central Asbestos Services LLC ("Central Asbestos"). As addressed below, the Magistrate Judge recommends that the District Judge DENY the motion to dismiss. The court will first outline the allegations of the plaintiff's complaint against Central Asbestos, then...
ORDER ADOPTING REPORT AND RECOMMENDATION SARAH EVANS BARKER , District Judge . Having reviewed Magistrate Judge Denise K. LaRue's Report and Recommendation that Rufus Eugene Gunn's supervised release be revoked, pursuant to Title 18, U.S.C. 3401(i) and Rule 32.1(a)(1) Federal Rules of Criminal Procedure and Title 18 U.S.C. 3583, The Court now approves and adopts the Report and Recommendation as the entry of the Court, and orders a sentence imposed of imprisonment of 18 months in the...
REPORT AND RECOMMENDATION DENISE K. LaRUE , Magistrate Judge . On December 22, 2015, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on June 9, 2015, the supplemental petition filed on July 1, 2015 and the second supplemental filed on October 16, 2015. Defendant Gunn appeared in person with his appointed counsel, William Dazey. The government appeared by James Warden, Assistant United States Attorney. U. S. Parole and Probation appeared...
Entry Denying Petition for Writ of Habeas Corpus LARRY J. McKINNEY , District Judge . The petition of Robert McAnalley for a writ of habeas corpus challenges a prison disciplinary proceeding in ISF 14-07-0230 in which he was found guilty of conspiracy to engage in an unauthorized financial transaction. For the reasons explained in this entry, Mr. McAnalley's habeas petition must be denied. I. Overview Prisoners in Indiana custody may not be deprived of credit time, Cochran v. Buss,...
ENTRY REVIEWING THE COMMISSIONER'S DECISION JANE MAGNUS-STINSON , District Judge . Plaintiff Megan L. Booker applied for disability and disability insurance benefits (collectively, " disability benefits ") on May 2, 2012, alleging a disability onset date of January 1, 2011. [ Filing No. 12-5 at 2. ] Her claim was denied initially and on reconsideration, and a hearing was held before Administrative Law Judge William Sampson (the "ALJ") on December 3, 2013. [ Filing No. 12-2 at 29-53. ] On...
Entry Granting Defendant's Unopposed Motion for Summary Judgment and Directing Entry of Final Judgment JANE MAGNUS-STINSON , District Judge . I. Background Plaintiff Jose Vasquez ("Mr. Vasquez"), a federal inmate confined at the United States Penitentiary in Terre Haute, Indiana ("USP-TH"), alleges that his constitutional rights were violated when defendant Dr. K. Westerhouse, the coordinator of the Challenge Program at USP-TH, discriminated against him based on his mental and learning...
Entry Denying Petition for Writ of Habeas Corpus JANE MAGNUS-STINSON , District Judge . The petition of Robert McAnalley for a writ of habeas corpus challenges a prison disciplinary proceeding in ISF 14-07-0229 in which he was found guilty of conspiracy to engage in an unauthorized financial transaction. For the reasons explained in this entry, Mr. McAnalley's habeas petition must be denied. I. Overview Prisoners in Indiana custody may not be deprived of credit time, Cochran v. Buss,...
Entry Denying Petition for Writ of Habeas Corpus JANE MAGNUS-STINSON , District Judge . The petition of Robert McAnalley for a writ of habeas corpus challenges a prison disciplinary proceeding in ISF 14-07-0341 in which he was found guilty of conspiracy to engage in an unauthorized financial transaction. For the reasons explained in this entry, Mr. McAnalley's habeas petition must be denied. I. Overview Prisoners in Indiana custody may not be deprived of credit time, Cochran v. Buss,...
Entry Denying Petition for Writ of Habeas Corpus JANE MAGNUS-STINSON , District Judge . The petition of Robert McAnalley for a writ of habeas corpus challenges a prison disciplinary proceeding in ISF 14-07-0114 in which he was found guilty of conspiracy to engage in an unauthorized financial transaction. For the reasons explained in this entry, Mr. McAnalley's habeas petition must be denied. I. Overview Prisoners in Indiana custody may not be deprived of credit time, Cochran v. Buss,...
Entry Denying Petition for Writ of Habeas Corpus JANE MAGNUS-STINSON , District Judge . The petition of Randy R. Logging for a writ of habeas corpus challenges a prison disciplinary proceeding in XMR 13-12-0002 in which he was found guilty of violating a federal, state or local law. For the reasons explained in this entry, Mr. Logging's habeas petition must be denied. I. Overview Prisoners in Indiana custody may not be deprived of credit time, Cochran v. Buss, 381 F.3d 637 , 639 (7th...
Entry Denying Petition for Writ of Habeas Corpus JANE MAGNUS-STINSON , District Judge . The petition of Robert McAnalley for a writ of habeas corpus challenges a prison disciplinary proceeding in ISF 14-07-0344 in which he was found guilty of conspiracy to engage in an unauthorized financial transaction. For the reasons explained in this entry, Mr. McAnalley's habeas petition must be denied. I. Overview Prisoners in Indiana custody may not be deprived of credit time, Cochran v. Buss,...
Entry Denying Petition for Writ of Habeas Corpus JANE MAGNUS-STINSON , District Judge . The petition of Robert McAnalley for a writ of habeas corpus challenges a prison disciplinary proceeding in ISF 14-07-0326 in which he was found guilty of conspiracy to engage in an unauthorized financial transaction. For the reasons explained in this entry, Mr. McAnalley's habeas petition must be denied. I. Overview Prisoners in Indiana custody may not be deprived of credit time, Cochran v. Buss,...
Entry Denying Petition for Writ of Habeas Corpus JANE MAGNUS-STINSON , District Judge . The petition of Jonathon Grove for a writ of habeas corpus challenges a prison disciplinary proceeding in ISR 13-11-0100 in which he was found guilty of possessing a weapon. For the reasons explained in this entry, Mr. Grove's habeas petition must be denied. I. Overview Prisoners in Indiana custody may not be deprived of credit time, Cochran v. Buss, 381 F.3d 637 , 639 (7th Cir. 2004), or of...
ENTRY ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT TANYA WALTON PRATT , JUDGE , United States District Court, Southern District of Indiana. This matter is before the Court is the Defendants E.On Climate & Renewables, North America's ("E.On") and Wildcat Wind Farm I, LLC's ("Wildcat") (collectively, the "Defendants") Motion for Summary Judgment ( Filing No. 60 ). While working as part of a crane management team at the Wildcat Wind Farm project in Elwood, Indiana, Plaintiff Kyle Carson ("...
ORDER ADOPTING REPORT AND RECOMMENDATION TANYA WALTON PRATT , District Judge . The Magistrate Judge submitted his Report and Recommendation on Defendants' Motion to Dismiss ( Filing No. 10 ). The parties were afforded due opportunity pursuant to statute and the rules of this Court to file objections; none were filed. The Court, having considered the Magistrate Judge's Report and Recommendation, hereby adopts the Magistrate Judge's Report and Recommendation. Defendants' Motion to Dismiss (...
REPORT AND RECOMMENDATION ON DEFENDANTS' MOTION TO DISMISS TIM A. BAKER , District Judge . Pending before the Court is a motion to dismiss based on insufficiency of process filed by Defendants Catron Interior Systems, Inc. and Mike Catron. As explained below, the Magistrate Judge recommends that Defendants' motion be granted. Plaintiffs filed their complaint against Defendants on August 18, 2014, and the Clerk issued a summons the following day. On February 27, 2015, the Clerk issued a...
ORDER ON DEFENDANT RADIO ONE'S MOTION FOR SUMMARY JUDGMENT SARAH EVANS BARKER , JUDGE , United States District Court Southern District of Indiana. This matter comes before us on Defendant Radio One of Indiana, L.P.'s ("Radio One") Motion for Summary Judgment. [Dkt. No. 64.] The motion is fully briefed. [ See Dkt. Nos. 72, 79.] For the following reasons, we GRANT Defendant's Motion for Summary Judgment. Background and Facts 1 Kelly Vaughn's Employment with Radio One. Radio One owns and...
Order Approving and Adopting Report and Recommendation on the Entry of Default Judgment RICHARD L. YOUNG , Chief District Judge . On December 9, 2015, the Magistrate Judge submitted and filed her Report and Recommendation (Dkt. 52) on the plaintiff's motions for default judgment and attorneys' fees and costs. The parties were afforded the opportunity according to statute and the Federal Rules of Civil Procedure to file objections to that Report and Recommendation. No party has filed an...
Report and Recommendation on the Entry of Default Judgment DEBRA McVICKER LYNCH , Magistrate Judge . Plaintiff Ramona Baker settled her claims against defendant Columbia Title, Inc., and obtained an entry of default on her claims against defendant Trustworthy Land Title Co. Inc. (hereafter, "Trustworthy Title"). An evidentiary hearing was held before the magistrate judge on November 12, 2015, on the plaintiff's damages against Trustworthy Title. See Fed. R. Civ. P. 55(b)(2) (permitting...
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER TANYA WALTON PRATT , District Judge . The Court conducted a bench trial in this action on December 7, 2015. The Plaintiff, Joseph Franklin Fejeran Drake ("Mr. Drake"), appeared in person and by counsel Andrew Campbell and Haroon Anwar. 1 Defendant, the United States of America (the "United States") was represented by counsel Jonathan A. Bont and Kathryn E. Olivier. Mr. Drake is currently confined at the United States Penitentiary Cannan,...
