REPORT AND RECOMMENDATION CANDACE J. SMITH , Magistrate Judge . This matter is before the Court on Defendant Jennifer Privett's Motion for Summary Judgment (R. 33), which has been referred to the undersigned for preparation of a Report and Recommendation pursuant to 28 U.S.C. 636(b)(1)(B). ( See R. 8). Plaintiff did not file a Response to Defendant Privett's Motion, and his time to do so has now expired. See Rule 7.1(c) of the Joint Local Rules of Civil Practice for the United States...
RECOMMENDED DISPOSITION ROBERT E. WIER , Magistrate Judge . The Court, on referral, see DE 155, considers a reported violation of supervised release conditions by Defendant, Braxton Stump. On August 25, 2014, Defendant, after entering a guilty plea (DE 60), received an 18-month sentence for conspiring to distribute oxycodone in violation of 21 U.S.C. 846. DE 123 (Judgment). After his February 2016 release, Stump began a 3-year supervised release term. Id. at 3. Stump admitted using...
RECOMMENDED DISPOSITION ROBERT E. WIER , Magistrate Judge . The Court, on referral, see DE #498, considers reported violations of supervised release conditions by Defendant, Andre Lamont Holloway. This District originally convicted Holloway of distributing crack in July 2013. DE #304 (Judgment). Judge Caldwell sentenced Holloway to a prison term of 36 months, followed by a 6-year term of supervised release. Id. Since release, Holloway unfortunately has had extensive experience with the...
MEMORANDUM OPINION AND ORDER Danny C. Reeves , United States District Judge . This is a citizen enforcement action brought by Plaintiffs Kentucky Waterways Alliance and Sierra Club against Defendant Kentucky Utilities Co. ("KU"). [Record No. 1] The plaintiffs allege that KU's handling, storage, treatment, transportation, and disposal of coal combustion residuals at the E.W. Brown Generating Station presents an imminent and substantial endangerment to human health and the environment in...
AMENDED MEMORANDUM OPINION AND ORDER DANNY C. REEVES , District Judge . The Memorandum Opinion and Order entered August 25, 2017 [Record No. 39], is amended to correct an error in footnote 1 on page 10. As corrected, the footnote provides: 1 The defendant cites Sasser v. Commonwealth, 485 S.W.3d 290 , 297 (Ky. 2016), for the proposition that a conviction for first degree robbery does not require proof of a threat, and that possession of a firearm does not constitute a threat under the...
MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD , Senior District Judge . This matter is before the Court on Defendant's Motion to Suppress (including a motion for a Franks hearing) [DE 26]. The government responded and the Court held a hearing on December 22, 2017. For the reasons stated on the record and summarized below, the motion was DENIED. I. Facts On July 14, 2017, Detective Jody Kizis of the Lexington Division of Police applied for and received a search warrant to search the...
MEMORANDUM OPINION AND ORDER HENRY R. WILHOIT, JR. , District Judge . This matter is before the Court upon Defendant Falls Creek, Inc.'s Partial Motion to Dismiss Plaintiffs Amended Complaint [Docket No. 22]. The motion has been fully briefed by the parties [Docket Nos. 22-1, 25 and 26]. For the reasons stated herein, the Court finds that the Amended Complaint fails to state a claim under 42 U.S.C. 1981 or 42 U.S.C. 1982 upon which relief can be granted. Therefore, Counts II and III...
MEMORANDUM OPINION & ORDER DAVID L. BUNNING , District Judge . Defendants AT&T Mobility, LLC and Amy Waymire (collectively "Defendants") seek dismissal of three counts of Plaintiff Lori Archey's Complaint. (Doc. # 1-1). Specifically, Defendants argue that Plaintiff has failed to state a claim upon which relief can be granted for intentional infliction of emotional distress, negligent infliction of emotional distress, or punitive damages. In their Motion to Dismiss (Doc. # 10), Defendants...
ORDER ADOPTING REPORT AND RECOMMENDATION DAVID L. BUNNING , District Judge . I. INTRODUCTION This matter is before the Court on Defendant David Roscoe Hale's motion to vacate his sentence under 28 U.S.C. 2255. (Doc. # 90). Consistent with local practice, this matter was referred to United States Magistrate Judge Hanly A. Ingram for the purpose of reviewing the motion and preparing a Report and Recommendation ("R&R"). On July 28, 2017, Judge Ingram issued his R&R (Doc. # 107) wherein he...
ORDER ADOPTING REPORT AND RECOMMENDATION DAVID L. BUNNING , District Judge . I. INTRODUCTION This matter is before the Court on Defendant Marquise J. Bowers' motion to vacate his sentence under 28 U.S.C. 2255. (Doc. # 87). Consistent with local practice, this matter was referred to United States Magistrate Judge Robert E. Wier for the purpose of reviewing the motion and preparing a Report and Recommendation ("R&R"). On August 4, 2017, Judge Wier issued his R&R (Doc. # 92) wherein he...
MEMORANDUM OPINION & ORDER GREGORY F. VAN TATENHOVE , District Judge . Randell Curtis Goins seeks judicial review of an administrative decision of the Commissioner of Social Security, which denied his claim for supplemental security income and disability insurance benefits. Mr. Goins 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...
MEMORANDUM OPINION AND ORDER KAREN K. CALDWELL , Chief District Judge . This matter is before the Court on two Motions in Limine filed by Defendant Jeffrey Isaac. 1 For the reasons explained below, Defendant's Motions in Limine are denied. I. Background In May 2016, Kentucky State Police Detective Amos Adkins was informed by cooperating witnesses that Isaac, along with his wife Karen and daughter Alyssa, were traveling to Michigan to obtain oxycodone and selling the drugs in Kentucky....
MEMORANDUM OPINION & ORDER DAVID L. BUNNING , District Judge . Plaintiff Atlantic Casualty Insurance Company seeks the entry of a declaratory judgment against Defendants Eric Clark, Matthew Clark, Joan Tiesl Carmack, and Chris Carmack. (Doc. # 21). Additionally, Defendants Joan Tiesl Carmack and Chris Carmack seek entry of summary judgment against Plaintiff. (Doc. # 19). In essence, Plaintiff asks the Court to find that the Absolute Auto, Aircraft, and Watercraft Exclusion in the subject...
ORDER GREGORY F. VAN TATENHOVE , District Judge . This matter is before the Court on the Recommendation of Acceptance of Guilty Plea filed by United States Magistrate Judge Hanly A. Ingram. [R. 16.] The recommendation instructed the parties to file any specific written objections within three days after being served with the decision, or else waive the right to further review. [ See id. at 3.] Neither party has objected, and the time to do so has now passed. Upon review, the Court is...
MEMORANDUM OPINION & ORDER GREGORY F. VAN TATENHOVE , District Judge . Richard Penny seeks judicial review of an administrative decision of the Commissioner of Social Security, which denied Penny's claim for supplemental security income benefits. Mr. Penny 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. Penny's Motion for...
MEMORANDUM OPINION & ORDER GREGORY F. VAN TATENHOVE , District Judge . This matter is before the Court on Defendant Roberts's violation of supervised release. [ See R. 322.] Magistrate Judge Hanly Ingram issued a Recommended Disposition pursuant to Defendant's violation. [R. 324.] Judge Ingram recommended revoking Defendant Robert's supervised release and imposing a term of imprisonment of twelve months and one day followed by thirty six months of supervised release. Under Federal Rule...
MEMORANDUM OPINION AND ORDER DAVID L. BUNNING , District Judge . I. INTRODUCTION This matter is before the Court upon Defendant Wal-Mart Stores, Inc.'s (Wal-Mart) motion for summary judgment (Doc. # 12). Plaintiff having responded to the motion (Doc. # 15), and Wal-Mart having filed its reply (Doc. # 18), the motion is ripe for review. For the reasons stated below, the Court finds the motion to be well-taken, and will grant summary judgment in favor of Wal-Mart. II. FACTUAL AND...
OPINION AND ORDER KAREN K. CALDWELL , District Judge . This matter is before the Court on the plaintiff's motion to alter, amend, or vacate (DE 12) this Court's opinion, which denied the plaintiff's motion to remand and granted the defendants' motion to dismiss this action (DE 10). For the following reasons, the motion will be granted insofar as it asks the Court to alter its dismissal of the plaintiff's federal takings claim and its state-law claims. I. Background This matter is rooted...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES , District Judge . This matter is pending for consideration of the parties' cross-motions for summary judgment regarding the potential application of Heck v. Humphrey, 512 U.S. 477 (1994). [Record Nos. 146, 147, 148] For the reasons that follow, the plaintiff's motion will be granted and the defendants' motions will be denied. I. The facts of this case are discussed at length in the Court's Memorandum Opinion and Order of April 22, 2016,...
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, will affirm the Commissioner's decision, as it is supported by substantial evidence. I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY On June 18, 2014, Plaintiff David Nelson Creech filed an application for disability insurance...
