REPORT AND RECOMMENDATION KATHLEEN KAY , Magistrate Judge . Before the court are a Motion for Judgment on the Pleadings and a Motion for Summary Judgment [doc. 35] filed by defendants under Federal Rules of Civil Procedure 12(c) and 56, respectively, and relating to the pro se civil rights suit [docs. 1, 17] by Melvin Bradley Boutte ("Boutte"). Boutte was a prisoner in the custody of the Bureau of Prisons ("BOP") and was incarcerated at the Federal Correctional Institution at Forrest City,...
REPORT AND RECOMENDATION JOSEPH H.L. PEREZ-MONTES , Magistrate Judge . Demarcus W. Law ("Law") filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. Because Law has not carried his burden of proving he is entitled to habeas relief, his 2254 petition should be denied. I. Background A. Procedural Background Law filed a 2254 habeas petition contesting his 2012 conviction by a jury in the Louisiana 10th Judicial District Court in Natchitoches Parish, on one...
REPORT AND RECOMMENDATION MARK L. HORNSBY , Magistrate Judge . Introduction Orlando Maurice Glover ("Petitioner") was charged with two counts of attempted second-degree murder. A Caddo Parish jury returned a verdict of guilty to two lesser counts of attempted manslaughter. Petitioner was adjudicated a second felony offender and sentenced to concurrent sentences of 35 years. His convictions and sentences (with minor modification) were affirmed on appeal. State v. Glover , 106 So.3d 129 (...
REPORT AND RECOMMENDATION KATHLEEN KAY , Magistrate Judge . Before the court is a Motion for Summary Judgment [doc. 15] filed by defendants S & S Sprinkler Company ("S & S") and Zurich American Insurance Company ("Zurich") (collectively, "defendants"). Plaintiff BFI Waste Systems of Louisiana, LLC ("BFI") opposes the motion. Doc. 18. This matter has been referred to the undersigned for review, report, and recommendation in accordance with the provisions of 28 U.S.C. 636. I. BACKGROUND...
REPORT AND RECOMMENDATION KATHLEEN KAY , Magistrate Judge . Before the court is a Motion to Dismiss [doc. 6] filed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure by defendant P N K (Lake Charles), LLC, doing business as L'Auberge Casino Resort ("L'Auberge"). Plaintiff Maria Victoria Bradley opposes the motion and L'Auberge has filed a reply. Docs. 11, 16. The matter has been referred to the undersigned for review, report, and recommendation in accordance with the...
REPORT AND RECOMMENDATION KATHLEEN KAY , Magistrate Judge . Before the court is a Motion for Entry of Judgment Pursuant to Federal Rule of Civil Procedure 54(b) [doc. 78], filed by defendant John Gott ("Gott") in the civil rights and tort action brought by Courtney Senegal ("Senegal"/"plaintiff") individually and as administrator of the estate of Eric Senegal ("decedent"). Senegal has filed no opposition to the motion and her time for doing so has passed. Accordingly, the motion is...
REPORT AND RECOMMENDATION KAREN L. HAYES , Magistrate Judge . Before the undersigned Magistrate Judge, on reference from the District Court, are two motions to dismiss for failure to state a claim upon which relief can be granted [doc. #s 11 & 20], and an associated request for fees [doc. # 11] filed by defendant, John Belton, Lincoln Parish District Attorney, in his official capacity. The motions are opposed. For reasons explained below, it is recommended that the motions be DENIED....
REPORT AND RECOMMENDATION MARK L. HORNSBY , Magistrate Judge . Introduction James D. Gilbert had life insurance coverage of $53,000 when he died in 2018. His wife (the named beneficiary) and two children submitted competing claims to the proceeds. The insurer filed this interpleader action and named as claimants the wife, two children, and two siblings. The record reflects that all claimants have been served, but only Trulanda F. Wells and Roslyn Herod Gilbert have filed an answer. Ms....
REPORT AND RECOMMENDATION PATRICK J. HANNA , Magistrate Judge . Before the Court is an appeal of the Commissioner's finding of non-disability. Considering the administrative record, the briefs of the parties, and the applicable law, it is recommended that the Commissioner's decision be affirmed. Administrative Proceedings The claimant, Alicia Lynn LeBlanc, fully exhausted her administrative remedies before filing this action in federal court. She filed an application for supplemental...
REPORT AND RECOMMENDATION JOSEPH H.L. PEREZ-MONTES , Magistrate Judge . Before the Court is a Motion for Temporary Restraining Order ("TRO") (Doc. 34) filed by pro se Plaintiff John Blunt ("Blunt") (#447976). Blunt is an inmate in the custody of the Louisiana Department of Corrections, incarcerated at River Correctional Center in Ferriday, Louisiana. Because Blunt has not shown immediate and irreparable injury, loss, or damage will result before Defendants can be heard in opposition, or...
ORDER DONALD E. WALTER , District Judge . For the reasons assigned in the Report and Recommendation of the Magistrate Judge, [doc. #48], and in the transcript previously filed herein, [doc. #47] and having thoroughly reviewed the record, with the defendant having waived the period for filing objections [doc. #43], and concurring with the finding of the Magistrate Judge under applicable law: IT IS ORDERED that the GUILTY PLEA entered by defendant ANTHONY JOSEPH FELIX on December 18,...
MEMORANDUM RULING JUDGE DEE D. DRELL , UNITED STATES DISTRICT COURT. Before the Court is a Motion for Summary Judgment (Doc. 27) filed by the Plaintiffs, Robert Trent Hollingsworth, Jonathan Cade Pilcher, Jerry Traylor, and Louisiana Sportsmen Alliance, LLC, a Cross Motion and Response to Plaintiffs' Motion for Summary Judgment (Doc. 31) filed by the Defendants, the United States Department of Agriculture, the United States Forest Service, Tom Vilsack, Thomas Tidwell, and Tony Tooke (in...
REPORT AND RECOMMENDATION CAROL B. WHITEHURST , Magistrate Judge . Before the Court upon referral from the district judge is the Motion to Remand filed by plaintiff, Jacqueline A. Howell [Rec. Doc. 16]. The motion is jointly opposed by Ace American Ins. Co. and XL Insurance America, Inc. (jointly, "Ace and XL") [Doc. 18], and by DG Louisiana, LLC, Dolgencorp LLC, and Dollar General Corp. [Doc. 19], which adopt the opposition brief of Ace and XL. For the following reasons, the undersigned...
REPORT AND RECOMMENDATION KAREN L. HAYES , Magistrate Judge . Before the undersigned Magistrate Judge, on reference from the District Court, is a Motion for Conditional Certification, Approval, and Distribution of Notice and for Disclosure of Contact Information filed by Plaintiffs Kimberly Defrese-Reese, Tyanna Jones, and LeMatthew Wilson ("Plaintiffs"). [doc. # 16]. The motion is opposed. For reasons explained below, it is recommended that the motion be GRANTED AS TO THE MOTION FOR...
REPORT AND RECOMMENDATION KAREN L. HAYES , Magistrate Judge . Before the undersigned magistrate judge, on reference from the District Court, are two motions filed by plaintiff Lasques (Vacques) Prudhomme: 1) a motion regarding paternity/filiation [doc. # 58]; and 2) a motion for sanctions, and associated request for fees [doc. # 80]. The motions are opposed. For reasons set forth below, it is recommended that the consolidated cases be unconsolidated, that the foregoing motions be denied,...
REPORT AND RECOMMENDATION JOSEPH H.L. PEREZ-MONTES , Magistrate Judge . Before the Court is a Fed. R. Civ. P. 12(b)(6) Motion to Dismiss ("Motion to Dismiss") (Doc. 36) filed by Defendant Medtronic Vascular Galway Unlimited Company ("Medtronic Vascular"). Plaintiffs Wiley Ezell and Sherri Ezell ("Plaintiffs") oppose Medtronic Vascular's Motion to Dismiss. (Docs. 38, 44). The Motion to Dismiss (Doc. 36) should be granted because Plaintiffs claims are expressly preempted by the Medical...
REPORT AND RECOMMENDATION ON FELONY GUILTY PLEA BEFORE UNITED STATES MAGISTRATE JUDGE KATHLEEN KAY , Magistrate Judge . Pursuant to Title 28, United States Code, Section 636(b), and with the written and oral consent of the defendant, this matter has been referred by the District Court for administration of Guilty Plea and Allocution under Rule 11 of the Federal Rules of Criminal Procedure. This cause came before the undersigned U. S. Magistrate Judge on December 17, 2018 at which time...
REPORT AND RECOMMENDATION PATRICK J. HANNA , Magistrate Judge . In accordance with the provisions of 28 U.S.C. 636 and the standing orders of this court, this matter was referred to the undersigned Magistrate Judge for review, report, and recommendation concerning a sua sponte evaluation of the court's subject-matter jurisdiction. For the following reasons, it is recommended that the plaintiff's complaint should be dismissed without prejudice for lack of subject-matter jurisdiction....
REPORT AND RECOMMENDATION CAROL B. WHITEHURST , Magistrate Judge . Before the Court, on referral by the district judge, is a Motion To Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted filed by Defendants, City of Ville Platte ("Ville Platte") and Chief Neal Lartigue ("Chief Lartigue"), Individually and in his Official Capacity as Chief of Police for Ville Platte [Rec. Doc. 5], Plaintiff, Natosha Murphy's ("Murphy"), Memorandum in Opposition [Rec. Doc. 7] and Defendants'...
REPORT AND RECOMMENDATION KAREN L. HAYES , Magistrate Judge . Before the undersigned Magistrate Judge, on reference from the District Court, is a motion for attorney's fees [doc. #16] filed by plaintiff Tammy Jean Lott pursuant to the Equal Access to Justice Act ("EAJA") 28 U.S.C. 2412. The Commissioner does not contest the fee award, but submits that the EAJA award and expenses should be payable to plaintiff, in care of her attorney. (Gov.'t Response [doc. #20]). As detailed below, it...
