REPORT AND RECOMMENDATION THOMAS C. MUMMERT, III , Magistrate Judge . Conrad E. Dominicus, who is a Missouri prisoner, petitions the United States District Court for the Eastern District of Missouri for federal habeas corpus relief from a conviction following a guilty plea. See 28 U.S.C. 2254. This matter is before the undersigned United States Magistrate Judge for a review and recommended disposition of Petitioner's federal habeas petition. See 28 U.S.C. 636(b). The undersigned...
MEMORANDUM AND ORDER CHARLES A. SHAW , District Judge . This matter is before the Court on movant's motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. 2255. In the instant motion, movant claims that the new Supreme Court case of Johnson v. United States, 576 U.S. ___, 135 S.Ct. 2551 (2015), decided in June of 2015, should be applied to his case in order to reduce his sentence. The motion is a "second or successive motion" within the meaning of 28 U.S.C. 2244...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . The matter is before the Court on the motion (Doc. No. 9) of Plaintiff Neal Technologies, Inc. ("NTI"), for default judgment. NTI, a manufacturer and seller of diesel truck parts based in Arizona, brings this action alleging trademark infringement, unfair competition, false designation of origin, and false descriptions in violation of the Lanham Act, 15 U.S.C. 1051, et seq. (Counts I and II). NTI also brings a count of unfair...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . This matter is before the Court on Defendant's motions (Doc. Nos. 62 & 76) to compel discovery. For the reasons set forth below, Defendant's motions shall be denied. BACKGROUND Plaintiff is a non-profit environmental organization with over 8,700 members in Missouri. Defendant is an electric company with three coal-fired power plants in Missouri, each operating with a permit issued under Title V of the Clean Air Act ("CAA"), 42...
MEMORANDUM AND ORDER JOHN A. ROSS , District Judge . This matter is before the Court on its own motion. On November 20, 2015, the Court received from plaintiff a complaint, a motion for leave to proceed in forma pauperis, a copy of his prison account statement, and a motion for appointment of counsel. The Clerk filed the documents in this case, and the Clerk terminated the action as to defendants Jazeall Brown and Janice Fairless. On review of the case file, the Court finds that the...
MEMORANDUM AND ORDER JOHN A. ROSS , District Judge . Plaintiff moves for appointment of counsel. After considering the motion and the pleadings, the motion is denied without prejudice to refiling at a later time. There is no constitutional or statutory right to appointed counsel in civil cases. Nelson v. Redfield Lithograph Printing, 728 F.2d 1003 , 1004 (8th Cir. 1984). In determining whether to appoint counsel, the Court considers several factors, including (1) whether the plaintiff...
MEMORANDUM AND ORDER CHARLES A. SHAW , District Judge . This matter is before the Court on state prisoner Kenneth Wenfeel's action pursuant to 28 U.S.C. 2254. 1 This case was referred to United States Magistrate Judge John M. Bodenhausen for report and recommendation on all dispositive matters and for final disposition on all non-dispositive matters, pursuant to 28 U.S.C. 636(b). I. Background On August 27, 2015, petitioner filed a pro se "Request for Stay/Abeyance of His Habeas...
MEMORANDUM AND ORDER E. RICHARD WEBBER , SENIOR UNITED STATES DISTRICT JUDGE . This matter comes before the Court on Defendant TG Investments, Inc.'s Motion for Summary Judgment on Count V of the Amended Complaint [ECF No. 38] and Plaintiffs' Motion for Summary Judgment on Defendant TG Investments, Inc.'s Counterclaim [ECF No. 44]. I. FACTUAL BACKGROUND This lawsuit originated when Plaintiffs Jerry Stockdall and Cristina Stockdall ("Plaintiffs") filed a complaint against Defendants TG...
MEMORANDUM AND ORDER THOMAS C. MUMMERT, III , Magistrate Judge . Jeffery T. Hill ("Petitioner"), who is a Missouri prisoner, petitions the United States District Court for the Eastern District of Missouri for federal habeas corpus relief from a conviction following a jury trial. See 28 U.S.C. 2254. In that petition, Petitioner pursues seven grounds for relief based on his trial attorney's allegedly ineffective assistance of counsel, and requests an evidentiary hearing. After...
MEMORANDUM AND ORDER CATHERINE D. PERRY , District Judge . Plaintiff Cody Walton claims that he was sexually assaulted by another inmate while he was being held in the Macon County, Missouri jail as a pre-trial detainee. He claims that defendant, former Macon County deputy sheriff Ryszard Bilinski, is liable for his injuries because Bilinski failed to properly secure the inmates in their cells on the night of the assault. Walton has brought one count asserting violation of his general...
MEMORANDUM AND ORDER CAROL E. JACKSON , District Judge . This matter is before the Court on the motion of defendant N.M. to dismiss the complaint for failure to state a claim. Plaintiff has responded in opposition, and the issues are fully briefed. Also before the Court are the motions of N.M. to strike statements made in plaintiff's memorandum in opposition to the motion to dismiss and for sanctions pursuant to Rule 11 of the Federal Rules of Civil Procedure. I. Background...
MEMORANDUM AND ORDER OF DISMISSAL RODNEY W. SIPPEL , District Judge . In accordance with, and for the reasons set out in, my Memorandum and Order to Show Cause dated November 5, 2015 [43], for plaintiff's failure to respond to that Show Cause Order and other Orders of this Court, and for his failure to otherwise prosecute his case, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that plaintiff's complaint is dismissed with prejudice, and any pending motions are denied as moot. A...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . This action was pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. 1132, for the collection of delinquent contributions to employee benefits funds. It is now before the Court on Plaintiffs' unopposed motion for summary judgment. For the reasons set forth below, the motion shall be granted. Plaintiffs are the Plumbers and Pipefitters Local 562 ("Local 562") and the trustees of the Plumbers and...
MEMORANDUM AND ORDER CATHERINE D. PERRY , District Judge . As plaintiffs have not complied with the provisions of the amended case management order [142] requiring them to identify their class representatives by November 30, 2015, and file their motion for class certification by December 21, 2015, IT IS HEREBY ORDERED that all class allegations and claims are struck from the amended complaint.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER JOHN A. ROSS , District Judge . This action has been brought pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, October 25, 1980, T.I.A.S. No. 11670, 1343 U.N.T.S. 22514 (the "Hague Convention"). The Hague Convention seeks to "protect children internationally from the harmful effects of their wrongful removal or retention" caused either by the removal of a child from the state of its habitual residence or...
MEMORANDUM AND ORDER NOELLE C. COLLINS , Magistrate Judge . This is an action under Title 42 U.S.C. 405(g) for judicial review of the final decision of the Commissioner denying the application of Mark E. Miller (Plaintiff) for Supplemental Security Income (SSI), under Title XVI of the Social Security Act, 42 U.S.C. 1381 et seq. Plaintiff has filed a brief in support of the Complaint. (Doc. 16). Defendant has filed a brief in support of the Answer. (Doc.19). The parties have...
MEMORANDUM AND ORDER RONNIE L. WHITE , District Judge . This matter is before the Court on Plaintiff's Motion to Re-Consider Appointment of Counsel (ECF No. 9) and Request for 90-Day Extension to Prepare Traverse (ECF No. 10). With respect to Plaintiff's Motion for Appointment of Counsel, there is no constitutional or statutory right to appointed counsel in a civil case. Nelson v. Redfield Lithograph Printing, 728 F.2d 1003 , 1004 (8th Cir. 1984). In determining whether to appoint...
ORDER CHARLES A. SHAW , District Judge . This matter is before the Court on plaintiff Prudential Insurance Company of America's Motion for Leave to Deposit and for Interpleader Relief. No response has been filed to the motion, and the time to do so has passed. The motion to deposit funds will be granted. The remainder of the relief sought by plaintiff will be denied without prejudice as premature, pending the deposit of funds into the Court Registry. Prudential Insurance Company of...
MEMORANDUM AND ORDER CAROL E. JACKSON , District Judge . This matter is before the Court on the motion of defendants Tonya Levette Porter, Jaimie Pitterle, and the City of St. Louis to dismiss the complaint for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6). Plaintiff has responded in opposition, and the issues are fully briefed. I. Background Plaintiff Reverend Xiu Hui "Joseph" Jiang is a Chinese-born ordained Catholic priest in the Archdiocese of St. Louis. Jiang...
MEMORANDUM AND ORDER CAROL E. JACKSON , District Judge . This matter is before the Court on the motion of defendants Survivors Network of Those Abused by Priests, David Clohessy, and Barbara Dorris to dismiss pursuant to Mo. Rev. Stat. 537.528 or, in the alternative, for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6). Plaintiff has responded in opposition, and the issues are fully briefed. I. Background Plaintiff Reverend Xiu Hui "Joseph" Jiang is Chinese-born...
