REPORT AND RECOMMENDATION MAARTEN VERMAAT , Magistrate Judge . I. Introduction This is a civil rights action brought by state prisoner Michael Malott pursuant to 42 U.S.C. 1983. Malott asserts that Defendants Unknown Lacrosse, Unknown Derry, and Unknown Isard violated his Eighth Amendment rights. 1 On March 27, 2019, Defendants filed a motion for summary judgment and assert that they are entitled to qualified immunity. (ECF No. 72.) Malott filed responses on April 26, 2019. (ECF No....
REPORT AND RECOMMENDATION PHILLIP J. GREEN , Magistrate Judge . This matter is before the Court on the following motions: (1) Defendants' Motion for Summary Judgment and/or Dismissal (ECF No. 8); (2) Plaintiff's Motion to Enforce Credit Agreement Contract (ECF No. 2); and (3) Plaintiff's Motions for Summary Judgment (ECF No. 7, 11, and 14). Pursuant to 28 U.S.C. 636(b)(1)(B), the undersigned recommends that Plaintiff's motions be denied, Defendant's motion be granted, and this matter...
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 31, 2019, 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 Jabron Montez Poydras is charged in a single-count Indictment with being a felon in possession of a...
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 23, 2019, after receiving the written consent of defendant and all counsel. There is no plea agreement. At the hearing, defendant Douglas Lee Davis, Jr. entered a plea of guilty to Counts 1-3 and 5-8 of the Indictment. Count 1 charges defendant with conspiracy to distribute fifty grams or more of methamphetamine, in violation of...
REPORT AND RECOMMENDATION MAARTEN VERMAAT , Magistrate Judge . I. Introduction This is a civil rights action brought by state prisoner Stanley Parker pursuant to 42 U.S.C. 1983. Parker alleges that Defendants Collen Myotte and Christopher Mortensen violated his First Amendment right to access the courts. Parker says that these Defendants denied him access to mail from a private investigator's office and his attorney. Parker explains that the information in these mailings would show...
REPORT AND RECOMMENDATION SALLY J. BERENS , Magistrate Judge . Pursuant to W.D.Mich. LCrR. 11.1, I conducted a plea hearing in the captioned case on December 20, 2019, after receiving the written consent of defendant and all counsel. At the hearing, defendant Jermaine Deshawn Clark entered a plea of guilty to Counts 1 and 2 of the Indictment in exchange for the undertakings made by the government in the written plea agreement. In Counts 1 and 2 of the Indictment, defendant is charged with...
REPORT AND RECOMMENDATION SALLY J. BERENS , Magistrate Judge . Pursuant to W.D.Mich. LCrR. 11.1, I conducted a plea hearing in the captioned case on December 20, 2019, after receiving the written consent of defendant and all counsel. At the hearing, defendant Brian Anthony Ross 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 MAARTEN VERMAAT , Magistrate Judge . Pursuant to W.D. Mich. LCrR 11.1, I conducted a plea hearing in this case on December 6, 2019, after receiving the written consent of defendant and all counsel. At the hearing, Defendant Jonathan Edward Collins entered a plea of guilty to Count 2, of the Indictment, which charges him with knowingly and intentionally possessing with intent to distribute fifty (50) or more grams of a mixture or substance containing a detectable...
REPORT AND RECOMMENDATION SALLY J. BERENS , Magistrate Judge . Pursuant to W.D. Mich. LCrR. 11.1, I conducted a plea hearing in the captioned case on December 19, 2019, after receiving the written consent of defendant and all counsel. There is no written plea agreement. At the hearing, defendant Laura Lyn Yoder entered a plea of guilty to the Indictment charging defendant with bank robbery, in violation of 18 U.S.C. 2113(a). On the basis of the record made at the hearing, I find that...
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 6, 2019, after receiving the written consent of defendant and all counsel. There is no plea agreement. At the hearing, defendant Andrey Laronge Guidry entered a plea of guilty to the Indictment. The Indictment charges defendant with felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1). On the basis 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 6, 2019, after receiving the written consent of defendant and all counsel. At the hearing, defendant Tyler Steven Shellenberger entered a plea of guilty to Counts 1 and 3 of the Superseding Indictment in exchange for the undertakings made by the government in the written plea agreement. In Count 1 of the Superseding Indictment,...
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 6, 2019, after receiving the written consent of defendant and all counsel. There is no plea agreement. At the hearing, defendant Teodulo Zepeda entered a plea of guilty to Counts 1 and 2 of the Indictment. Count 1 charges defendant with conspiracy to distribute and possess with intent to distribute cocaine, in violation of 21 U.S....
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS ON APPEAL RAY KENT , Magistrate Judge . Plaintiff has appealed the order dismissing this case. This matter is now before the Court on his application to proceed in forma pauperis on appeal (ECF No. 37). The fee for appealing a civil action is $505.00. To proceed in forma pauperis on appeal, plaintiff must comply with the requirements of Fed. Rule App. Proc. Rule 24(a)(1), which requires him to file a motion for leave to...
OPINION AND ORDER JANET T. NEFF , District Judge . Plaintiff initiated this action on November 28, 2018 against the State of Michigan, and the State of Michigan filed a motion to dismiss. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation (R&R), recommending that this Court grant Defendant's motion. The matter is presently before the Court on Plaintiff's "Motion to Reconsider" (ECF No. 21), which was docketed as Plaintiff's objection to the Report and...
OPINION AND ORDER JANET T. NEFF , District Judge . Defendant filed a notice of removal purporting to remove this divorce matter from the 20th Circuit Court for the County of Ottawa, Michigan (ECF No. 1). Pursuant to 28 U.S.C. 636(b)(1)(B), the Magistrate Judge issued a Report and Recommendation, recommending that this action be dismissed for lack of subject matter jurisdiction (ECF No. 7). The matter is presently before the Court on Defendant's Objection to the Report and Recommendation...
ORDER JANET T. NEFF , District Judge . This is a civil action. Plaintiff filed a Motion to Obtain a Writ of Assistance (ECF No. 119). The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on December 4, 2019, recommending that Plaintiff's motion be denied. The Report and Recommendation was duly served on the parties. 1 No objections have been filed. See 28 U.S.C. 636(b)(1). Accordingly: IT IS HEREBY ORDERED that the Report and Recommendation (ECF...
REPORT AND RECOMMENDATION SALLY J. BERENS , Magistrate Judge . On June 6, 2018, the Court entered a default judgment for Plaintiff against Defendant, James O'Briant, in the amount of $150,000.00. (ECF No. 69.) Plaintiff has been unsuccessful in her efforts to collect the judgment from O'Briant because she is unable to locate him. Plaintiff hired an investigator, who Plaintiff thought had located O'Briant in Florida, but it turned out to be the wrong person. Plaintiff cannot afford to hire...
ORDER JANET T. NEFF , District Judge . This is a civil action filed by a pro se litigant. Defendant The Landings at the Preserve filed a Motion to Dismiss (ECF No. 10). The matter was referred to the Magistrate Judge, who issued a Report and Recommendation (ECF No. 13) on December 2, 2019, recommending that the motion be granted, Does 1-100 be dismissed pursuant to 28 U.S.C. 1915(e)(2), and the complaint be dismissed with prejudice. The Report and Recommendation was duly served. No...
REPORT AND RECOMMENDATION SALLY J. BERENS , Magistrate Judge . This matter is before the Court on Defendant's Motion to Dismiss. (ECF No. 10.) Pursuant to 28 U.S.C. 636(b)(1)(B), the undersigned recommends that Defendant's motion be granted. I. BACKGROUND Plaintiff Don Budd filed a pro se complaint alleging that Defendant The Landings at the Preserve violated the Fair Housing Act (FHA), 42 U.S.C. 3604, by discriminating against him in the provision of services and facilities....
ORDER ADOPTING REPORT AND RECOMMENDATION JANET T. NEFF , District Judge . The Court has reviewed the Report and Recommendation filed on December 6, 2019 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. 19) is approved and adopted as the opinion of the...
