REPORT AND RECOMMENDATION RAY KENT , Magistrate Judge . Plaintiff has filed a 1983 civil rights action against defendants. This matter is now before the court on plaintiff's ex parte "Motion for temporary restraining order rule 65 preliminary and permanent injunction to cease harassing and retaliatory excess legal property hearing send legal mail out so Gresham can litigate his false imprisonment claims and cease and desist clandestine retaliatory tactics aimed to deter and deprive...
REPORT AND RECOMMENDATION PHILLIP J. GREEN , Magistrate Judge . Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on December 28, 2016, after receiving the written consent of defendant and all counsel. At the hearing, defendant Timothy Lofton, Jr. entered a plea of guilty to count 1 of the Indictment in exchange for the undertakings made by the government in the written plea agreement. In count 1 of the Indictment, defendant is charged with conspiracy...
REPORT AND RECOMMENDATION TIMOTHY P. GREELEY , Magistrate Judge . Plaintiff prisoner Leon Percival filed this lawsuit on April 1, 2016. The court granted Plaintiff leave to proceed in forma pauperis under 28 U.S.C. 1915(a). On August 31, 2016, the Court issued an opinion dismissing every Defendant except for Defendant Golladay. Defendant Golladay moves for an order to revoke Plaintiff's in forma pauperis status. (ECF No. 15). Plaintiff alleges that Defendant Golladay retaliated...
REPORT AND RECOMMENDATION RAY KENT , Magistrate Judge . Plaintiff has filed a 1983 civil rights action against defendants. This matter is now before the court on plaintiff's ex parte "Motion for temporary restraining order rule 65 preliminary and permanent injunction to cease harassing and retaliatory excess legal property hearing send legal mail out so Gresham can litigate his false imprisonment claims and cease and desist clandestine retaliatory tactics aimed to deter and deprive...
REPORT AND RECOMMENDATION RAY KENT , Magistrate Judge . Plaintiff, prisoner in the custody of the Michigan Department of Corrections (MDOC) filed a 1983 civil rights action against defendants Miniard, Grambau, Riggs, Smith, Bassett and Curtin. Judgment was entered against plaintiff on March 16, 2016 (docket no. 56). Plaintiff filed a notice of appeal on March 28, 2016 (docket no. 58). This matter is now before the Court on plaintiff's motion for an "Injunction Pending Appeal" pursuant to...
REPORT AND RECOMMENDATION TIMOTHY P. GREELEY , Magistrate Judge . Petitioner Gary Peters, a state prisoner, filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Respondent moves to dismiss the petition on the grounds that (1) the petition was not filed within the applicable statute of limitations; (2) the claim is unexhausted; and (3) the Court should exercise Younger abstention to give the state courts the opportunity to grant Petitioner the relief he seeks....
REPORT AND RECOMMENDATION PHILLIP J. GREEN , Magistrate Judge . This matter is before the Court on plaintiff's motion for approval of the settlement agreement and the distribution of the settlement proceeds, including attorneys' fees and costs. (ECF No. 44). This has been referred to me, pursuant to 28 U.S.C. 636(b)(1)(B), for a report and recommendation. I conducted a hearing on this matter on December 22, 2016, at which counsel for both parties appeared, along with plaintiff Courtney...
REPORT AND RECOMMENDATION TIMOTHY P. GREELEY , Magistrate Judge . Petitioners, Vincent Ongori, Islam Anamul, Eric Kipsang, Ahmed El-Khattan, and Kanapathippillai Thayaparan, proceeding pro se, filed this class action on behalf of "all non-citizens within the Western District of Michigan who: (1) are or were detained for longer than six months; (2) are not and have not been detained pursuant to a national security detention statute[;] (3) and have not been afforded a hearing to determine...
REPORT AND RECOMMENDATION TIMOTHY P. GREELEY , Magistrate Judge . Petitioner, Mark Johnson filed this petition for writ of habeas corpus challenging his November 27, 2012, jury conviction for possession with intent to deliver marijuana, and his November 15, 2012, jury convictions for five counts of first degree criminal sexual conduct, one court of third degree criminal sexual conduct, and one count of assault with intent to commit criminal sexual conduct. Petitioner was sentenced on...
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 22, 2016, after receiving the written consent of defendant and all counsel. There is no written plea agreement. At the hearing, defendant Eduardo Cerecedo-Hernandez entered a plea of guilty to Count 1 of the Indictment charging defendant with a false claim of being a lawful permanent resident, in violation of 18 U.S.C. 1546(a) and...
REPORT AND RECOMMENDATION ELLEN S. CARMODY , Magistrate Judge . This matter is before the Court on Defendant's Motion for Summary Judgment , (ECF No. 85), and Plaintiff's Motion for Summary Judgment , (ECF No. 90). Pursuant to 28 U.S.C. 636(b)(1)(B), the undersigned recommends that both motions be denied. BACKGROUND Plaintiff initiated this action on February 5, 2015, against Corrections Officer J. Wawrzyniak. In his unverified complaint, Plaintiff makes the following allegations....
REPORT AND RECOMMENDATION PHILLIP J. GREEN , Magistrate Judge . This was a social security action brought under 42 U.S.C. 405(g), 1383(c)(3) seeking review of a final decision of the Commissioner of Social Security denying plaintiff's claims for disability insurance benefits (DIB) and supplemental security income (SSI) benefits. On June 3, 2014, this court entered a judgment reversing the Commissioner's decision and remanding this matter to the Commissioner under sentence four of 42 U....
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 22, 2016, after receiving the written consent of defendant and all counsel. At the hearing, defendant Brian Farah entered a plea of guilty to the Information in exchange for the undertakings made by the government in the written plea agreement. In the Information, defendant is charged with corrupt endeavor to obstruct or impede...
REPORT AND RECOMMENDATION TIMOTHY P. GREELEY , Magistrate Judge . Plaintiff Gene T. Favors, filed this pro se civil rights action pursuant to 42 U.S.C. 1983. The court initially granted Plaintiff leave to proceed in forma pauperis in compliance with 28 U.S.C. 1915(a). (ECF No. 6.) Defendants have now moved to revoke Plaintiff's in forma pauperis status pursuant to 28 U.S.C. 1915(g). (ECF No. 21.) Defendants have also moved to stay the case management order and pending...
REPORT AND RECOMMENDATION TIMOTHY P. GREELEY , District Judge . Plaintiff Nathaniel Ward filed this pro se civil rights action pursuant to 42 U.S.C. 1983. The remaining claims are that Defendant Virginia Olmstead retaliated against Plaintiff by writing two false misconduct tickets against Plaintiff on October 21, 2014, and that Defendant Colin Bradley violated Plaintiff's Eighth Amendment rights by demanding sexual favors from Plaintiff. Defendants filed a motion for summary judgment....
REPORT AND RECOMMENDATION PHILLIP J. GREEN , District Judge . This is a habeas corpus proceeding brought by a state prisoner pursuant to 28 U.S.C. 2254. Petitioner seeks federal habeas corpus relief from his plea-based conviction and sentence. On June 30, 2011, petitioner, represented by Attorney Emmett Hannick, appeared in Macomb County Circuit Court before Judge James M. Biernat, Jr. and entered his guilty plea pursuant to a plea agreement to the crime of bank robbery. MICH. COMP....
OPINION ROBERT HOLMES BELL , District Judge . This is a social security action brought under 42 U.S.C. 405(g) seeking judicial review of a final decision of the Commissioner of the Social Security Administration (Commissioner) denying Plaintiff's claim for supplemental security income (SSI) under Title XVI of the Social Security Act. STANDARD OF REVIEW The scope of judicial review in a social security case is limited to determining whether the Commissioner applied the proper legal...
OPINION ROBERT HOLMES BELL , District Judge . This is a social security action brought under 42 U.S.C. 405(g) seeking judicial review of a final decision of the Commissioner of the Social Security Administration (Commissioner) denying Plaintiff's claim for disabled widow's benefits. STANDARD OF REVIEW The scope of judicial review in a social security case is limited to determining whether the Commissioner applied the proper legal standards in making her decision and whether there...
OPINION ROBERT HOLMES BELL , District Judge . This is a civil action brought by a pro se plaintiff. The cases arises out of a ticket that plaintiff received for trespassing on March 15, 2014. The incident occurred on South Division Avenue in Wyoming, Michigan, at a now closed restaurant known as G's Grill. On September 15, 2015, plaintiff filed his complaint. He named the City of Wyoming; Mayor Jack Poll; City Council Members William VerHurst, Richard Pastoor, Joanne Vorhees, Sam Bolt,...
OPINION ROBERT HOLMES BELL , District Judge . This is a habeas corpus proceeding brought pro se by a state prisoner pursuant to 28 U.S.C. 2254. On August 1, 2008, a Mason County Circuit Court jury found petitioner guilty of first-degree felony murder, Mich. Comp. Laws 750.316(1)(b), armed robbery, Mich. Comp. Laws 750.529, and conspiracy to commit armed robbery, Mich. Comp. Laws 750.157a, 750.529. Petitioner was sentenced to concurrent prison terms of life for felony murder, and...
