REPORT AND RECOMMENDATION ELLEN S. CARMODY , Magistrate Judge . Pursuant to W.D.Mich. LCrR. 11.1, I conducted a plea hearing in the captioned case on December 28, 2018, after receiving the written consent of defendant and all counsel. At the hearing, defendant Artkelly Jerom Anderson entered a plea of guilty to Count One of the Indictment in exchange for the undertakings made by the government in the written plea agreement. In Count One, defendant is charged with being a felon in...
REPORT AND RECOMMENDATION ELLEN S. CARMODY , Magistrate Judge . On October 12, 2018, the Clerk mailed a copy of the October 12, 2018 Case Management Order (ECF No. 9) to Plaintiff. The mailing was not deliverable because Plaintiff has not provided the Court with an updated address (ECF No. 10). For the reasons discussed below, the Court, pursuant to 28 U.S.C. 636(b)(1)(B), Fed. R. Civ. P. 41(b), and W.D.Mich. LCivR. 41.1, recommends that the present action be dismissed for Plaintiff's...
REPORT AND RECOMMENDATION ELLEN S. CARMODY , Magistrate Judge . Pursuant to W.D.Mich. LCrR. 11.1, I conducted a plea hearing in the captioned case on December 28, `, after receiving the written consent of defendant and all counsel. At the hearing, defendant Shadow Nicole Kornmiller entered a plea of guilty to Count One of the Indictment in exchange for the undertakings made by the government in the written plea agreement. In Count One of the Indictment, defendant is charged with bank...
REPORT AND RECOMMENDATION TIMOTHY P. GREELEY , Magistrate Judge . Plaintiff Floyd E. Kohn filed this pro se civil rights action pursuant to 42 U.S.C. 1983 against several defendants. The remaining Defendants, Chippewa Correctional Facility Corrections Officer Bradley Hall and Alger Correctional Facility Prison Counselor Jeffrey Lancour filed a motion for summary judgment. (ECF No. 50). Plaintiff has filed a response. (ECF No. 53). Plaintiff alleges that Defendant Lancor allegedly...
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, 2018, after receiving the written consent of defendant and all counsel. At the hearing, defendant Michael Robert Oberle entered a plea of guilty to Count 3, 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 RAY KENT , Magistrate Judge . Pro se plaintiff filed this action as next friend of her minor child, J.D.A., pursuant to the Americans With Disabilities Act, 42 U.S.C. 12131, et seq. ("ADA"), claiming that defendant violated the minor child's rights under the ADA and was negligent under state law. See Compl. (ECF No. 1). Defendant has filed motions to change the caption (ECF No. 6), for sanctions pursuant to Fed. R. Civ. P. 11(c)(2) (ECF No. 7), to strike...
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, 2018, 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 Daniel Lee Bachelder is charged in Count 1 of a multi-count Indictment with conspiracy to manufacture,...
REPORT AND RECOMMENDATION ELLEN S. CARMODY , Magistrate Judge . This matter is before the Court on Third Party Plaintiffs' Motion for Default Judgment (ECF No. 103), which was referred to the undersigned by the Honorable Janet T. Neff for report and recommendation under 28 U.S.C. 636(b)(1)(B). A hearing on the motion was held December 18, 2018. Default was entered in this matter as to Third Party Defendant International Easy Labor, Inc. on June 19, 2017 (ECF No. 88) and as to Emmanuelly...
REPORT AND RECOMMENDATION PHILLIP J. GREEN , Magistrate Judge . Plaintiff brings this action raising various federal claims of discrimination under the Fair Housing Amendments Act, 42 U.S.C. 3604, 3617, and the Fair Credit Reporting Act, 15 U.S.C. 1681b. Plaintiff also raises a supplemental claim under the state's Landlord and Tenant Relationship Act, MICH. COMP. L. 554.601. Plaintiff is represented by counsel. This matter is before the Court on plaintiff's application to proceed...
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 Supplemental Security Income (SSI) 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 evidence,...
REPORT AND RECOMMENDATION RAY KENT , Magistrate 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 her claim for supplemental security income (SSI). Plaintiff alleged a disability onset date of March 21, 2014. PageID.212. Plaintiff identified her disabling conditions as: shoulder pain; pain in both arms; needs new glasses; pain in feet; and, only...
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 12, 2018, after receiving the written consent of defendant and all counsel. At the hearing, defendant David William Barrett 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 sexual exploitation of a minor...
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 17, 2018, 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 Jorge Rodriguez-Miranda is charged in a single-count Indictment with being illegally in this country...
ORDER OF TRANSFER RAY KENT , Magistrate Judge . People for the Ethical Treatment of Animals, Inc. filed this motion pursuant to Fed. R. Civ. P. 45 to compel DeYoung Family Zoo to comply with subpoenas issued by the Court in Missouri Primate Foundation et al. v. People for the Ethical Treatment of Animals, et al. , No. 4:16-cv-2163 CDP (E.D. Mo.). Now, the parties have filed a joint motion to transfer venue of this proceeding to that court (ECF No. 7). Fed. R. Civ. P. 45(f) provides that "...
ORDER ADOPTING REPORT AND RECOMMENDATION JANET T. NEFF , District Judge . The Court has reviewed the Report and Recommendation filed on December 13, 2018 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 (ECF No. 24) is approved and adopted as the opinion of the...
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 13, 2018, after receiving the written consent of defendant and all counsel. At the hearing, defendant Lantrel DeKeith Wilson 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 felon in...
ORDER JANET T. NEFF , District Judge . This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. 1983. Defendants Beechler and Treble 1 filed a motion for summary judgment (ECF No. 15). The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on November 28, 2018, recommending that this Court grant the motion and that this action be terminated. The Report and Recommendation was duly served on the parties. No objections have been...
REPORT AND RECOMMENDATION ELLEN S. CARMODY , Magistrate Judge . This matter is before the Court on Defendants' Motion for Summary Judgment. (ECF No. 15). Pursuant to 28 U.S.C. 636(b)(1)(B), the undersigned recommends that Defendants' motion be granted and this action terminated. Plaintiff initiated this action on January 8, 2018, asserting various claims against numerous defendants. (ECF No. 1). With the exception of isolated claims against Defendants Beechler and Treble,...
ORDER ADOPTING REPORT AND RECOMMENDATION JANET T. NEFF , District Judge . The Court has reviewed the Report and Recommendation filed on December 12, 2018 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 (ECF No. 12) is approved and adopted as the opinion of the...
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 12, 2018, after receiving the written consent of defendant and all counsel. At the hearing, defendant Michael Alan Fehler entered a plea of guilty to the Felony Information in exchange for the undertakings made by the government in the written plea agreement. In the Felony Information, defendant is charged with conversion of...
