MEMORANDUM OPINION AND ORDER DANNY C. REEVES , Chief District Judge . Defendant Tiffany Arnold was convicted of the following charges after a jury trial held in November 2004: conspiracy to manufacture and produce 45 grams or more of methamphetamine in violation of 21 U.S.C. 841(a)(1) and 846 (Count 2); distribution of a mixture or substance containing methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. 841(a)(1) (Counts 3 and 7); and possession of equipment,...
MEMORANDUM OPINION AND ORDER DAVID L. BUNNING , District Judge . Plaintiff brought this action pursuant to 42 U.S.C. 405(g) to obtain judicial review of an administrative decision of the Commissioner of Social Security. The Court, having reviewed the record and the parties' dispositive motions, and for the reasons set forth herein, will affirm the Commissioner's decision. I. FACTUAL AND PROCEDURAL BACKGROUND On October 30, 2012, Plaintiff Melissa L. Goins filed for a period of...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES , Chief District Judge . Defendant/Movant Adam Hall filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255, alleging ineffective assistance of counsel and that he should be granted relief under Rehaif v. United States. [Record No. 29] The matter was referred to United States Magistrate Judge Matthew Stinnett for a recommendation in accordance with 28 U.S.C. 636. Magistrate Judge Stinnett held an evidentiary...
JUDGMENT DANNY C. REEVES , Chief District Judge . In accordance with the Memorandum Order entered this date, and pursuant to Rule 58 of the Federal Rules of Civil Procedure, it is hereby ORDERED and ADJUDGED as follows: 1. Judgment is entered in favor of Plaintiff/Respondent United States with respect to all issues raised by Defendant/Movant Daniel Sexton in this proceeding under 28 U.S.C. 2255. 2. The defendant's collateral proceeding is DISMISSED. 3. A Certificate of...
MEMORANDUM OPINION AND ORDER CLARIA HORN BOOM , District Judge . Plaintiff brought this action pursuant to 42 U.S.C. 405(g) to obtain judicial review of an administrative decision of the Commissioner of Social Security. The Court, having reviewed the record and the parties' dispositive motions, and for the reasons set forth herein, will AFFIRM the Commissioner's decision, DENY Ebersole's Motion for Summary Judgment, and GRANT the Commissioner's Motion for Summary Judgment. I. Background...
ORDER ROBERT E. WIER , District Judge . This matter is before the Court on the Recommended Disposition (DE #121) of United States Magistrate Judge Hanly A. Ingram, addressing Defendant Michael Davidson's guilty plea to a lesser-included offense of Count 1 of the Indictment (DE #1). 1 Defendant appeared before Judge Ingram on March 13, 2020. See DE #120 (Minutes). After consenting to plead before a United States Magistrate Judge and engaging in a full Rule 11 colloquy, Davidson proceeded...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES , Chief District Judge . Defendant Daniel Sexton has filed a motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255, asserting two claims of ineffective assistance of counsel. [Record No. 304] The motion was referred to United States Magistrate Judge Matthew Stinnett for the issuance of a Report and Recommendation in accordance with 28 U.S.C. 636(b). Magistrate Judge Stinnett has recommended that the Court deny Sexton's...
REPORT & RECOMMENDATION MATTHEW A. STINNETT , Magistrate Judge . This matter is before the undersigned on Petitioner Daniel Sexton's ("Sexton") Motion to Vacate, Set Aside or Correct a Sentence pursuant to 28 U.S.C. 2255. Sexton alleges his counsel was ineffective. [DE 304]. The United States responded in opposition [DE 311], and Sexton filed a reply [DE 313]. After reviewing the record in its entirety, the Court recommends Sexton's motion be denied for the reasons stated below. I....
ORDER WILLIAM O. BERTELSMAN , District Judge . This matter is before the Court on the Report and Recommendation [26] of the Magistrate Judge, and having considered de novo those objections filed thereto by Petitioner [27], and the Court being sufficiently advised, IT IS ORDERED that the objections be, and they hereby are, overruled; that the Report and Recommendation be, and it hereby is, adopted as the findings of fact and conclusions of law of this Court; that the petition for...
RECOMMENDED DISPOSITION EDWARD B. ATKINS , Magistrate Judge . John M. Smith filed an application for writ of habeas corpus on January 12, 2017, pursuant to 28 U.S.C. 2254, asserting fourteen separate claims of error by the Kentucky appellate courts. [R. 1]. After holding this matter in abeyance while Smith brought seven of his claims before the Kentucky trial court, Kathy Litteral ("Respondent") filed her response in opposition. [R. 7, 23]. Smith then submitted his reply. [R. 25]. The...
JUDGMENT GREGORY F. VAN TATENHOVE , District Judge . In accordance with Rule 58 of the Federal Rules of Civil Procedure and pursuant to sentence four of 42 U.S.C. 405(g), it is hereby ORDERED as follows: 1. The administrative decision of the Commissioner of Social Security is AFFIRMED and Judgment is ENTERED in favor of the Social Security Administration with respect to all issues raised herein; 2. This is a FINAL and APPEALABLE Judgment and there is no cause for delay; 3....
MEMORANDUM OPINION & ORDER GREGORY F. VAN TATENHOVE , District Judge . Plaintiff Timothy Farris brought this action pursuant to 42 U.S.C. 405(g) seeking judicial review of an administrative decision of the Commissioner of Social Security denying Farris's application for supplemental security income (SSI). The Court, having reviewed the record and for the reasons set forth herein, will DENY Mr. Farris's Motion for Summary Judgment [R. 7] and GRANT that of the Commissioner. [R. 11]. I...
MEMORANDUM OPINION & ORDER GREGORY F. VAN TATENHOVE , District Judge . Plaintiff Heather Susanne Bellardine seeks judicial review of an administrative decision of the Commissioner of Social Security, which denied her claim for supplemental security income benefits. Ms. Bellardine brings this action pursuant to 42 U.S.C. 405(g), alleging various errors on the part of the ALJ considering the matter. The Court, having reviewed the record and for the reasons set forth herein, will DENY Mr....
OPINION AND ORDER KAREN K. CALDWELL , District Judge . This matter is before the Court on the Defendants' motion to dismiss Count 1 of the indictment. (DE 163.) For the reasons stated below, the motion (DE 163) is GRANTED. I. BACKGROUND The Defendants in this case pleaded guilty to counts 2-4 in the indictment. The case proceeded to trial on count 1—possession with intent to distribute 500 grams or more of methamphetamine. The Defendants were convicted on count 1 and subsequently...
MEMORANDUM OPINION & ORDER GREGORY F. VAN TATENHOVE , District Judge . This matter is before the Court on a motion to dismiss filed by Defendants Franklin County, Kentucky, Jeremy Younger, Edward Hunt, Jason Sherrow, Lane Crawly, Philip Ray, and Pat Melton. Plaintiff, April Lyons, individually and in the capacity as administratix of the Estate of Roy T. Mitchell, seek damages after the death of her father through various claims. However, Defendants argues that certain claims in April Lyons'...
OPINION AND ORDER KAREN K. CALDWELL , District Judge . This matter is before the Court on Defendant's motion for summary judgment. Plaintiff Betty Casey, as administrator of the Estate of John Alexander Casey, originally brought suit against several defendants, including Jonathan Rouse. (DE 1.) Following the Court's ruling on Defendants' motions to dismiss, the case proceeded to discovery on some of Plaintiff's claims against Defendant Rouse. (DE 11.) Defendant filed his motion for...
JUDGMENT GREGORY F. VAN TATENHOVE , District Judge . In accordance with the Order entered contemporaneously herewith, and pursuant to Rule 58 of the Federal Rules of Civil Procedure, it is ORDERED AND ADJUDGED as follows: 1. Judgment is ENTERED in favor of the Defendant; 2. This is a FINAL and APPEALABLE ORDER, there is no just cause for delay; and 3. All issues having been resolved, this case is STRICKEN from the active docket.
MEMORANDUM OPINION & ORDER Gregory F. Van Tatenhove , United States District Judge . Defendant Medical Protective Company moves this Court for judgment on the pleadings pursuant to Rule 12(c). [R. 9.] For the following reasons, Defendant's motion is GRANTED. I On removal from Fayette Circuit Court, Plaintiff Michaela Jeffery brings this suit against Medical Protective Company (Med Pro) to secure payment of a judgment against Med Pro's insured. Med Pro is an insurance company which, until...
MEMORANDUM OPINION & ORDER GREGORY F. VAN TATENHOVE , District Judge . Plaintiffs assert that the policies of Kentucky's Cabinet for Health and Family Services and the Department for Community Based Services regarding foster care maintenance payments violate federal law. They seek a declaratory judgment to that effect, as well as injunctive relief prohibiting the Defendants from enforcing the regulations which, Plaintiffs say, have unlawfully denied them benefits and prevented them from...
ORDER GREGORY F. VAN TATENHOVE , District Judge . This matter is before the Court on the Report and Recommendation filed by United States Magistrate Judge Hanly A. Ingram. [R. 63.] Defendant Isaac Jackson has been charged with five violations of his terms of supervised release. Id. In November 2014, this Court sentenced Mr. Jackson to thirty-six months of incarceration followed by three years of supervised release for possessing a firearm as a convicted felon, in violation of 18 U.S.C....
