REPORT AND RECOMMENDATION RAY KENT , Magistrate Judge . This is a pro se civil rights action brought by a state prisoner at a Michigan Department of Corrections (MDOC) facility pursuant to 42 U.S.C. 1983. This matter is now before the Court on motions for summary judgment filed by defendants Dykstra, Rich, Smith and Stieve (referred to collectively as the "MDOC defendants") (docket no. 28), plaintiff (docket no. 32) and defendant Harriet Squier (docket no. 38) 1 , and plaintiff's "...
REPORT AND RECOMMENDATION ELLEN S. CARMODY , Magistrate Judge . This matter is before the Court on Defendants' Motion for Summary Judgment. (Dkt. #73). Pursuant to 28 U.S.C. 636(b)(1)(B), the undersigned recommends that Defendants' motion be granted and this action dismissed. BACKGROUND The following allegations are contained in Plaintiffs' complaint. Plaintiffs Amanda Tingay and Gregory Tingay, husband and wife, are the biological parents of three children (SKT, AJT, and AGT)...
REPORT AND RECOMMENDATION ELLEN S. CARMODY , Magistrate Judge . This is an action pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. 405(g), to review a final decision of the Commissioner of Social Security denying Plaintiff's claim for Disability Insurance Benefits (DIB) under Title II of the Social Security Act. Section 405(g) limits the Court to a review of the administrative record, and provides that if the Commissioner's decision is supported by substantial evidence,...
REPORT AND RECOMMENDATION ELLEN S. CARMODY , Magistrate Judge . This is an action pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. 405(g), to review a final decision of the Commissioner of Social Security denying Plaintiff's claim for Disability Insurance Benefits (DIB) under Title II of the Social Security Act. Section 405(g) limits the Court to a review of the administrative record, and provides that if the Commissioner's decision is supported by substantial evidence,...
REPORT AND RECOMMENDATION ELLEN S. CARMODY , Magistrate Judge . This is an action pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. 405(g), to review a final decision of the Commissioner of Social Security denying Claimant's 1 application for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) under Titles II and XVI of the Social Security Act. Section 405(g) limits the Court to a review of the administrative record, and provides that if the...
REPORT AND RECOMMENDATION TIMOTHY P. GREELEY , Magistrate Judge . Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on December 21, 2015, after receiving the written consent of defendant and all counsel. At the hearing, defendant Raymond Valentino Bowser entered a plea of guilty to Count 1, charging defendant with Distribution of Heroin within 1,000 Feet of Real Property Comprising a Playground in violation of 21:841(a)(1), 21:841(b)(1)(C), 21:860(a),...
ORDER PHILLIP J. GREEN , Magistrate Judge . This matter is before the Court on the government's motion for pretrial detention. The government sought defendant's detention on two bases: (1) that he poses a danger to other persons in the community, 18 U.S.C. 3142(f)(1); and (2) that he poses a serious risk of flight. 18 U.S.C. 3142(f)(2)(A). The Court conducted an evidentiary hearing today at which defendant was represented by counsel. The Court has also considered the information...
REPORT AND RECOMMENDATION ELLEN S. CARMODY , Magistrate Judge . This is an action pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. 405(g), to review a final decision of the Commissioner of Social Security denying Plaintiff's claim for Disability Insurance Benefits (DIB) under Title II of the Social Security Act. Section 405(g) limits the Court to a review of the administrative record, and provides that if the Commissioner's decision is supported by substantial evidence,...
REPORT AND RECOMMENDATION TIMOTHY P. GREELEY , Magistrate Judge . Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on 12/22/2015, after receiving the written consent of defendant and all counsel. At the hearing, defendant Garrett Joseph Thoresen entered a plea of guilty to Count 1, charging defendant with Distribution of Child Pornography in violation of 18:2252A(a)(2)(A), 18:2252A(b)(1), 18:2256(8)(A), in exchange for the undertakings made by the...
REPORT AND RECOMMENDATION TIMOTHY P. GREELEY , Magistrate Judge . Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on December 21, 2015, after receiving the written consent of defendant and all counsel. At the hearing, defendant Russell Thomas Beaudry entered a plea of guilty to Counts 1 and 2, charging defendant with Attempting to Purchase More than 9 grams of Pseudoephedrine Base during a 30-day Period in violation of 21:844(a), 21:846, in exchange...
PARTIAL REPORT AND RECOMMENDATION ELLEN S. CARMODY , Magistrate Judge . This matter is before the Court on the Petition for Return of Children Pursuant to the Hague Convention filed by Petitioner Rosario Ramos Ochoa (Dkt. 1), which was referred to the undersigned by the Honorable Gordon J. Quist for report and recommendation under 28 U.S.C. 636(b)(1)(B) (Dkt. 17). The petition is filed pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, October 25,...
REPORT AND RECOMMENDATION RAY KENT , Magistrate Judge . This is a habeas corpus action brought by a state prisoner pursuant to 28 U.S.C. 2254. Petitioner Jonathoan Wayne Henry is serving two prison terms of 12 to 40 years, imposed by the Kalamazoo County Circuit Court on March 1, 2010, after a jury convicted Petitioner of one count of first-degree criminal sexual conduct (CSC I), MICH. COMP. LAWS 750.520b, and one count of third-degree criminal sexual conduct (CSC III), MICH. COMP....
REPORT AND RECOMMENDATION TIMOTHY P. GREELEY , Magistrate Judge . Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on December 14, 2015, after receiving the written consent of defendant and all counsel. At the hearing, defendant Stephen John Plowe entered a plea of guilty to Count 1, charging defendant with Distribution of child Pornography in violation of 18:2252A(a)(2)(A), 18:2252A(b)(1), 18:2256, in exchange for the undertakings made by the...
ORDER PHILLIP J. GREEN , Magistrate Judge . Defendant appeared before me on December 22, 2015, with appointed counsel for a detention hearing under the Bail Reform Act of 1984, 18 U.S.C. 3142(f). After being advised of his rights, including those attendant to a detention hearing, defendant waived his right to the hearing. I find that his waiver was knowingly and voluntarily entered. I also note that Immigration and Customs Enforcement (ICE) has lodged a detainer against defendant....
REPORT AND RECOMMENDATION ELLEN S. CARMODY , Magistrate Judge . This is an action pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. 405(g), to review the final decision of the Commissioner of Social Security that Plaintiff's daughter is not entitled to Supplemental Security Income under Title XVI of the Social Security Act. Section 405(g) limits the Court to a review of the administrative record, and provides that if the Commissioner's decision is supported by substantial...
REPORT AND RECOMMENDATION RAY KENT , Magistrate Judge . Pursuant to W.D. Mich. LCrR 11.1 and upon a request of the district court, I conducted a felony plea hearing in this matter on December 21, 2015, after receiving the written consent of the defendant, the defendant's attorney, and the attorney for the government. These consents were also placed on the record in open court. Defendant Jose Luis Rodriguez-Baltazar is charged in a single-count Indictment with being illegally in this...
REPORT AND RECOMMENDATION ELLEN S. CARMODY , Magistrate Judge . Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on December 9, 2015, after receiving the written consent of defendant and all counsel. There is no written plea agreement. At the hearing, defendant Jose Luis Villanueva-Rodriguez entered a plea of guilty to Count One of the Indictment charging defendant with making a false statement with regard to citizenship in violation of 18 U.S.C....
OPINION ROBERT HOLMES BELL , UNITED STATES DISTRICT JUDGE . This is a mortgage foreclosure case. The matter is before the Court on Defendants Federal Home Loan Mortgage Corporation (Freddie Mac) and Trott & Trott Law, P.C.'s (Trott & Trott) motions to dismiss Plaintiff's complaint for failure to state a claim. (ECF Nos. 12, 13.) Plaintiff Philip Himmelein has filed responses (ECF Nos. 16, 17), to which Defendants have filed replies (ECF Nos. 18, 23). For the reasons that follow,...
OPINION ROBERT HOLMES BELL , District Judge . This matter comes before the Court on Movant Ramon Berlanga-Rodriguez's motion under 28 U.S.C. 2255 to vacate, set aside, or correct the sentence imposed upon him by this Court. (ECF No. 1.) For the reasons that follow, the motion will be denied. I. On March 12, 2013, a grand jury indicted Movant on one count of sexual exploitation of a child, 18 U.S.C. 2251(a) and (e), and one count of possession of images of a minor engaging in...
ORDER ADOPTING REPORT AND RECOMMENDATION JANET T. NEFF , District Judge . The Court has reviewed the Report and Recommendation filed on December 9, 2015 by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties, and no objection has been made thereto within the time required by law. THEREFORE, IT IS ORDERED that: 1. The Report and Recommendation of the Magistrate Judge (Dkt 18) is approved and adopted as the opinion of the Court....
