OPINION AND ORDER GRANTING THE MOTION TO DISMISS [7], DISMISSING THE HABEAS PETITION [1], DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY, AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS JUDITH E. LEVY , District Judge . Petitioner Marcus L. Wallace, a Michigan prisoner at the St. Louis Correctional Facility in St. Louis, Michigan, seeks a writ of habeas corpus under 28 U.S.C. 2254. Petitioner is challenging his Wayne County (Michigan) convictions for first-degree murder, Mich....
ORDER: (1) DECLINING TO EXERCISE SUPPLEMENTAL JURISDICTION OVER PLAINTIFFS' STATE LAW CLAIMS; and (2) DISMISSING WITHOUT PREJUDICE COUNTS XIV TO XXIII OF THE FIRST AMENDED COMPLAINT VICTORIA A. ROBERTS , District Judge . Plaintiffs filed this case in December 2019. On January 10, 2020, Plaintiffs filed a 23-count First Amended Complaint. The first thirteen counts allege claims which arise under federal law. The remaining ten — Counts XIV to XXIII — assert state law claims, such as group...
ORDER GRANTING DEFENDANTS' MOTION TO SET ASIDE DEFAULT [ECF No. 19] AND DENYING PLAINTIFFS' MOTION FOR ENTRY OF DEFAULT JUDGMENT [ECF No. 16] VICTORIA A. ROBERTS , District Judge . I. INTRODUCTION Plaintiffs filed a Motion for Entry of Default Judgment Against Defendant Jewish Witnesses for Peace and Friends ("JWPF"). Plaintiffs say they served JWPF on January 10, 2020, and it failed to answer the complaint or otherwise respond. On February 3rd, Plaintiffs filed a Request for Clerk's...
ORDER DENYING PETITIONER'S MOTION FOR RECONSIDERATION SEAN F. COX , District Judge . This matter is before the Court on Petitioner's motion for reconsideration concerning the Court's February 28, 2020 opinion and order dismissing without prejudice his federal habeas petition and denying without prejudice his pending motions. The Court also denied a certificate of appealability. Having reviewed the matter, the Court finds no reason to reconsider its decision. A motion for reconsideration...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS AND FOR SANCTIONS [ECF No. 22] VICTORIA A. ROBERTS , District Judge . I. INTRODUCTION Sherwed Ann Noel ("Noel") brings this action against CARite of Garden City; Lang Automotive, Inc.; CARite, Inc.; CARite Corporate, LLC; Keith Lang; and Danny McDonald. Noel says that when employed at CARite of Garden City, she was the victim of race and sex discrimination, a hostile workplace, retaliation, and unlawful retaliatory...
OPINION & ORDER (i) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Dkt. 13), (ii) GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Dkt. 14), and (iii) AFFIRMING THE ADMINISTRATIVE LAW JUDGE'S DECISION MARK A. GOLDSMITH , Magistrate Judge . Plaintiff Jenell Rene Lahring appeals the final determination of the Commissioner of Social Security denying her claim for disability insurance benefits. Both parties have filed summary judgment motions (Dkts. 13, 14). For the reasons that follow,...
OPINION AND ORDER R. STEVEN WHALEN , Magistrate Judge . This is an ERISA 1 case brought under 29 U.S.C. 1132(a)(1)(B). Before the Court is Defendant's Motion to Enforce Settlement Agreement [ECF No. 29]. For the reasons discussed below, the motion will be DENIED. I. FACTS The parties are in agreement as to certain facts. 2 Appended to Defendant's motion as Exhibit A is the of Rachel Kaercher, Defendant's attorney [ECF No. 29-1, PageID.7294-7300]. 3 Ms. Kaercher states that...
ORDER DENYING DEFENDANTS' MOTION TO ALTER OR AMEND THE COURT'S FINDINGS [ECF No. 45] VICTORIA A. ROBERTS , District Judge . Plaintiffs brought this case challenging Michigan's ballot access requirements for independent candidates for statewide office — Mich. Comp. Laws 168.590c(2), 168.544f, and 168.590b(4). On December 22, 2019, the Court issued an order: (1) granting Plaintiffs' motion for summary judgment; (2) declaring Mich. Comp. Laws 168.590c(2), 168.544f, and 168.590b(b)...
OPINION AND ORDER SUSTAINING DEFENDANT'S OBJECTIONS, REJECTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BERNARD A. FRIEDMAN , Senior District Judge . This matter is presently before the Court on Magistrate Judge Elizabeth A. Stafford's February 19, 2020, Report and Recommendation ("R&R"), in which she recommends that the Court deny defendant's motion for summary judgment. Defendant has filed objections [docket entry 70] to the R&R....
REPORT AND RECOMMENDATION TO DENY DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [ECF NO. 61] ELIZABETH A. STAFFORD , Magistrate Judge . I. Introduction Plaintiff David Reedy, a prisoner, sues Defendant Michael West under 42 U.S.C. 1983, alleging that West violated his Eighth Amendment rights by failing to protect him from being assaulted. [ECF No. 1]. 1 West moves for summary judgment, and Reedy responds. [ECF No. 61; ECF No. 62]. The Honorable Bernard A. Friedman referred all pretrial...
ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING DEFENDANT'S PLEA OF GUILTY, AND TAKING THE RULE 11 PLEA AGREEMENT UNDER ADVISEMENT THOMAS L. LUDINGTON , District Judge . On March 4, 2020, United States Magistrate Judge Patricia T. Morris conducted a plea hearing pursuant to Defendant Epigmenio Centura-Munoz's consent. ECF No. 11. The magistrate judge issued her report the same day, recommending that this Court accept Defendant's plea of guilty. ECF No. 15. Although the magistrate...
MAGISTRATE JUDGE'S REPORT, FINDINGS, AND RECOMMENDATION CONCERNING PLEA OF GUILTY PATRICIA T. MORRIS , Magistrate Judge . I. REPORT AND FINDINGS This case was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and 636(b)(3) for purposes of receiving, on consent of the parties, Defendant's offer of a plea of guilty. Defendant and his counsel appeared before me on March 4, 2020, and pleaded guilty to count 1 of the information. In open court, I examined...
ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING EFENDANT'S PLEA OF GUILTY, AND TAKING THE RULE 11 PLEA AGREEMENT UNDER ADVISEMENT THOMAS L. LUDINGTON , District Judge . On March 4, 2020, United States Magistrate Judge Patricia T. Morris conducted a plea hearing pursuant to Defendant William Cook's consent. ECF No. 31. The magistrate judge issued her report the same day, recommending that this Court accept Defendant's plea of guilty. ECF No. 35. Although the magistrate judge's report...
MAGISTRATE JUDGE'S REPORT, FINDINGS, AND RECOMMENDATION CONCERNING PLEA OF GUILTY PATRICIA T. MORRIS , Magistrate Judge . I. REPORT AND FINDINGS This case was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and 636(b)(3) for purposes of receiving, on consent of the parties, Defendant's offer of a plea of guilty. Defendant and his counsel appeared before me on March 4, 2020, and pleaded guilty to count one of the indictment. In open court, I examined...
ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING DEFENDANT'S PLEA OF GUILTY, AND TAKING THE RULE 11 PLEA AGREEMENT UNDER ADVISEMENT THOMAS L. LUDINGTON , District Judge . On March 4, 2020, United States Magistrate Judge Patricia T. Morris conducted a plea hearing pursuant to Defendant Melvin Lawrence's consent. ECF No. 42. The magistrate judge issued her report the same day, recommending that this Court accept Defendant's plea of guilty. ECF No. 46. Although the magistrate judge's...
MAGISTRATE JUDGE'S REPORT, FINDINGS, AND RECOMMENDATION CONCERNING PLEA OF GUILTY PATRICIA T. MORRIS , Magistrate Judge . I. REPORT AND FINDINGS This case was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and 636(b)(3) for purposes of receiving, on consent of the parties, Defendant's offer of a plea of guilty. Defendant and his counsel appeared before me on March 4, 2020, and pleaded guilty to count two of the first superseding indictment. In open...
ORDER DENYING PLAINTIFF'S MOTION FOR DISCOVERY (ECF No. 44) ANTHONY P. PATTI , Magistrate Judge . A. Background Jamel Leon Robinson is currently incarcerated at the Michigan Department of Corrections (MDOC) Michigan Reformatory (RMI). See www.michigan.gov/corrections, "Offender Search," last visited March 17, 2020. On February 26, 2019, while incarcerated at Saginaw Correctional Facility (SRF) (ECF No. 1, PageID.2), Plaintiff filed the instant lawsuit against a great number of...
JUDGMENT MATTHEW F. LEITMAN , District Judge . For the reasons stated in the Opinion and Order issued on this date, it is ORDERED and ADJUDGED that Plaintiff's First Amended Complaint is DISMISSED WITH PREJUDICE.
OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS (ECF No. 21) MATTHEW F. LEITMAN , District Judge . In this putative class action, Plaintiffs bring a variety of statutory and common-law claims against Defendant General Motors, LLC ("GM") arising out of an alleged safety defect in the StabiliTrak system of their GM vehicles. ( See First Am. Compl., ECF No. 19.) GM has now moved to dismiss all of Plaintiffs' claims. ( See Mot. to Dismiss, ECF No. 21.) For the reasons that follow,...
ORDER DISMISSING PLAINTIFF'S STATE LAW CLAIMS NANCY G. EDMUNDS , District Judge . Plaintiff John Doe MC-15's complaint against Defendants, The University of Michigan and The Regents of the University of Michigan, brings eighteen various federal and state law claims. More specifically, Counts I-IV allege violations of Title IX of the Education Amendments Act of 1972 and 42 U.S.C. 1983, while Counts V-XVIII allege violations of Michigan's Elliott-Larsen Civil Rights Act and the Michigan...
