ORDER ADOPTING REPORT AND RECOMMENDATION JANET T. NEFF , District Judge . The Court has reviewed the Corrected Report and Recommendation filed on December 7, 2017 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 Corrected Report and Recommendation of the Magistrate Judge (ECF No. 35) is approved and adopted as...
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) 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 Commissioner's...
REPORT AND RECOMMENDATION ELLEN S. CARMODY , Magistrate Judge . This matter is before the Court on Defendant's Motion for Summary Judgment, (ECF No. 34), and Plaintiff's Declaration for Entry of Default, (ECF No. 38). Pursuant to 28 U.S.C. 636(b)(1)(B), the undersigned recommends that Defendant's motion be denied and Plaintiff's motion be denied without prejudice. BACKGROUND The following allegations are contained in Plaintiff's complaint. In October 2010, Plaintiff retained...
REPORT AND RECOMMENDATION RAY KENT , Magistrate Judge . Plaintiff filed this action to contest an Administrative Law Judge's decision denying benefits. The Court remanded this matter to the Commissioner pursuant to sentence four of 42 U.S.C. 405(g). See Judgment (ECF No. 15). This matter is before the Court on the plaintiff's motion for allowance of attorney fees under the Equal Access to Justice Act, 28 U.S.C. 2412 ("EAJA") in the amount of $4,691.75 (ECF No. 16). The motion is...
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 28, 2017, 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 Srecko Darnell Walker is charged in a Felony Information with possession with intent to distribute...
REPORT AND RECOMMENDATION RAY KENT , Magistrate Judge . Plaintiff has filed this action pursuant to 42 U.S.C. 405(g), seeking judicial review of one or more orders entered by the Commissioner of the Social Security Administration (Commissioner). This matter is now before the Court on defendant's motion to dismiss plaintiff's action for lack of jurisdiction because the complaint is untimely (ECF No. 10). The motion is unopposed. I. Legal standard Defendant brings this motion pursuant to...
REPORT AND RECOMMENDATION RAY KENT , Magistrate Judge . Plaintiff brings this action seeking judicial review of administrative decisions denying her Medicare claim for dental services. See Compl. (ECF No. 1). This matter is now before the Court on defendant's motion for summary judgment (ECF No. 16). I. Background and Administrative Action The Medicare Appeals Council (MAC) summarized plaintiff's medical history, claim and appeal in pertinent part as follows: The beneficiary's medical...
REPORT AND RECOMMENDATION PAUL L. MALONEY , Magistrate Judge . Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on December 18, 2017, after receiving the written consent of defendant and all counsel. At the hearing, defendant Nathaniel Christopher Hagan 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 conspiracy to distribute...
CORRECTED 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 15, 2017, after receiving the written consent of defendant and all counsel. There is no written plea agreement. At the hearing, defendant Silfido Vasquez-Vasquez entered a plea of guilty to the Indictment charging defendant with alien felon reentry, in violation of 8 U.S.C. 1326(a) and 1326(b)(1). On the basis of the...
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 13, 2017, after receiving the written consent of defendant and all counsel. At the hearing, defendant Darius Lamont Warren entered a plea of guilty to Counts One and Three of the Indictment in exchange for the undertakings made by the government in the written plea agreement. In Count One, defendant is charged with possession with...
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 14, 2017, after receiving the written consent of defendant and all counsel. At the hearing, defendant Monique Molina entered a plea of guilty to the Superseding Felony Information in exchange for the undertakings made by the government in the written plea agreement. In the Superseding Felony Information, defendant is charged with...
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 13, 2017, after receiving the written consent of defendant and all counsel. At the hearing, defendant Michael McKinley entered a plea of guilty to Count One of the Superseding Indictment in exchange for the undertakings made by the government in the written plea agreement. In Count One of the Superseding Indictment, defendant is...
REPORT AND RECOMMENDATION PAUL L. MALONEY , District Judge . Plaintiff brings this action pursuant to 42 U.S.C. 405(g), seeking judicial review of a final decision of the Commissioner of the Social Security Administration (Commissioner) denying his claim for disability insurance benefits (DIB) and supplemental security income (SSI). Plaintiff alleged a disability onset date of November 17, 2007. PageID.340. Plaintiff testified that his disability arose from injuries suffered in an...
REPORT AND RECOMMENDATION RAY KENT , Magistrate Judge . Plaintiff filed this action to contest an Administrative Law Judge's decision denying benefits. The Court remanded this matter to the Commissioner pursuant to sentence four of 42 U.S.C. 405(g). See Judgment (ECF No. 17). This matter is before the Court on the plaintiff's motion for allowance of attorney fees under the Equal Access to Justice Act, 28 U.S.C. 2412 ("EAJA") in the amount of $4,597.50 (ECF No. 18). The motion is...
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 15, 2017, after receiving the written consent of defendant and all counsel. There is no written plea agreement. At the hearing, defendant Martires Enrique Martel entered a plea of guilty to the Indictment charging defendant with reentry of a removed alien, in violation of 8 U.S.C. 1326(a). On the basis of the record made at the...
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 15, 2017, after receiving the written consent of defendant and all counsel. There is no written plea agreement. At the hearing, defendant Fredi Vasquez-Vasquez entered a plea of guilty to the Indictment charging defendant with alien felon reentry, in violation of 8 U.S.C. 1326(a) and 1326(b)(1). On the basis of the record made...
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 15, 2017, after receiving the written consent of defendant and all counsel. At the hearing, defendant Johnny Caston, Jr. entered a plea of guilty to the Indictment in exchange for the undertakings made by the government in the written plea agreement. In the Indictment, defendant is charged with conspiracy to distribute controlled...
REPORT AND RECOMMENDATION RAY KENT , Magistrate Judge . This is a habeas corpus action brought by a state prisoner under 28 U.S.C. 2254. Petitioner Kendrick Deon Stanton is incarcerated with the Michigan Department of Corrections at the Michigan Reformatory (RMI) in Ionia, Michigan. On December 15, 2009, a Saginaw County Circuit Court jury found Petitioner guilty of torture, MICH. COMP. LAWS 750.85, unlawful imprisonment, MICH. COMP. LAWS 750.349b, felon in possession of a firearm,...
OPINION AND ORDER AFFIRMING BANKRUPTCY COURT Paul L. Maloney , United States District Judge . David Charron filed for bankruptcy. Among the debts he sought to discharge, Charron identified the approximately $350,000 he owed Glenn Morris. The money represented the costs and fees awarded to Morris in a contempt hearing against Charron. Morris contested whether the debt was dischargeable and an adversary proceeding was initiated. See Glenn S. Morris and the Glenn S. Morris Trust v. David W....
OPINION ELLEN S. CARMODY , Magistrate Judge . This matter is before the Court on Plaintiff's Renewed Motion to Transfer Venue. (ECF No. 34). For the reasons stated below, Plaintiff's motion is denied and this matter is dismissed for failure to prosecute and failure to comply with the Court's Orders. Plaintiff initiated the present action on May 12, 2017, challenging the denial of her claim for Supplemental Security Income (SSI) benefits. On July 20, 2017, the Court entered a notice...
