FINAL JUDGMENT JANE M. VIRDEN , Magistrate Judge . This cause is before the Court on the Plaintiff's complaint pursuant to 42 U.S.C. 405(g) for judicial review of an unfavorable final decision of the Commissioner of the Social Security Administration regarding applications for a period of disability and disability insurance benefits and supplemental security income. The parties have consented to entry of final judgment by the United States Magistrate Judge under the provisions of 28 U.S....
ORDER ON PETITION FOR ATTORNEY FEES JANE M. VIRDEN , Magistrate Judge . Before the Court are Plaintiff's motion [20] for attorney fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d), Defendant's response [21], and Plaintiff's reply [22]. Having duly considered the motion, the Court finds it should be granted in part and denied in part. In these proceedings Plaintiff sought judicial review of the Social Security Commissioner's final decision denying a claim for...
ORDER GRANTING PAYMENT OF ATTORNEY'S FEES ROY PERCY , Magistrate Judge . Plaintiff seeks an award of attorney's fees of $4,988.90 paid under the Equal Access to Justice Act, 28 U.S.C. Section 2412. Docket 20. Additionally, plaintiff seeks to be reimbursed $24.00 paid to the U.S. Marshal Service for service of process. Defendant does not object to the requested attorney's fees, but does object to the service of process cost on the basis that plaintiff was granted leave in this action to...
MEMORANDUM OPINION DAVID A. SANDERS , Magistrate Judge . This cause is before the court on the claimant's complaint for judicial review of an unfavorable final decision by the Commissioner of the Social Security Administration. The parties have consented to entry of final judgment by the United States Magistrate Judge under the provisions of 28 U.S.C. 636(c), with any appeal to the Court of Appeals for the Fifth Circuit. The court, having reviewed the administrative record, the briefs...
FINAL JUDGMENT DAVID A. SANDERS , Magistrate Judge . This cause is before the court on the claimant's complaint for judicial review of an unfavorable final decision by the Commissioner of the Social Security Administration. The parties have consented to entry of final judgment by the United States Magistrate Judge under the provisions of 28 U.S.C. 636(c), with any appeal to the Court of Appeals for the Fifth Circuit. The court, having reviewed the administrative record, the briefs of...
ORDER DAVID A. SANDERS , Magistrate Judge . The plaintiffs have moved to withdraw [134] their motion for reconsideration [124] of this court's order [114]. The court grants the motion. The motion for reconsideration is terminated. SO ORDERED.
FINAL JUDGMENT SHARION AYCOCK , District Judge . In accordance with the memorandum opinion issued today in this cause, the motion by the State to dismiss the instant petition for a writ of habeas corpus is GRANTED, and the instant petition is DISMISSED for want of substantive merit and for failure to state a claim upon which habeas corpus relief could be granted. SO ORDERED.
MEMORANDUM OPINION SHARION AYCOCK , District Judge . This matter comes before the court on the pro se petition of Chris Gates for a writ of habeas corpus under 28 U.S.C. 2254. The State has moved [11] to dismiss the petition for want of substantive merit and for failure to state a claim upon which relief could be granted. Mr. Gates has responded to the motion, and the matter is ripe for resolution. For the reasons set forth below, the State's motion to dismiss will be granted, and...
FINAL JUDGMENT SHARION AYCOCK , District Judge . In accordance with the memorandum opinion issued today in this cause, the instant petition for a writ of habeas corpus is DISMISSED for failure to state a claim upon which relief could be granted and as untimely filed. SO ORDERED.
MEMORANDUM OPINION SHARION AYCOCK , District Judge . This matter comes before the court on the pro se petition of Timothy Perry for a writ of habeas corpus under 28 U.S.C. 2254. The State has moved to dismiss the petition; Perry has responded, and the State has replied. The matter is ripe for resolution. For the reasons set forth below, the State's motion to dismiss will be granted, and the instant petition will be dismissed both for failure to state a claim upon which relief could...
FINAL JUDGMENT SHARION AYCOCK , District Judge . In accordance with the memorandum opinion issued today in this cause, the State's motion [12] to dismiss the instant petition for a writ of habeas corpus is GRANTED, and the petition is DISMISSED as procedurally defaulted and for failure to exhaust state remedies. SO ORDERED.
MEMORANDUM OPINION SHARION AYCOCK , District Judge . This matter comes before the court on the pro se petition of Tedra Crawford for a writ of habeas corpus under 28 U.S.C. 2254. The State has moved to dismiss the petition as procedurally defaulted and for failure to exhaust state remedies. Crawford has responded to the motion, and the State has replied. The matter is ripe for resolution. For the reasons set forth below, the State's motion to dismiss will be granted, and the petition...
ORDER AND MEMORANDUM OPINION SHARION AYCOCK , District Judge . Jason Towns initiated this civil action on May 2, 2019, by filing his Complaint [1] against the Mississippi Department of Corrections ("MDOC"), MDOC Commissioner Pelicia Hall, the Mississippi State Penitentiary ("MSP"), MSP Superintendent Marshal Turner, MSP Deputy Warden Lee Simon, and numerous MSP Correctional Officers. On July 17, 2019, the Defendants filed a Motion to Dismiss [21], which has been fully briefed and is now...
AGREED ORDER STAYING CASE JANE M. VIRDEN , Magistrate Judge . All parties having agreed to and announced to the Court a resolution of this case and the Court being desirous that this matter, including any and all active deadlines, be stayed pending the parties meeting various conditions to the resolution, IT IS, THEREFORE, ORDERED that this cause of action, including any and all active deadlines, are hereby stayed for a period of 45 days from the entry of this order. The parties shall...
FINAL JUDGMENT DAVID A. SANDERS , Magistrate Judge . In accordance with the Memorandum Opinion entered this day, it is ORDERED AND ADJUDGED that Plaintiff has failed to prove his claim for excessive force against Defendants, and all Defendants are hereby DISMISSED from this action.
MEMORANDUM OPINION DAVID A. SANDERS , Magistrate Judge . An evidentiary hearing 1 was held in this action on March 2, 2020, to determine whether Plaintiff, Jerome Weathington, was subject to excessive force in violation of his constitutional rights on August 12, 2015, at the Mississippi State Penitentiary ("MSP"). Weathington, proceeding pro se, attended said hearing, gave testimony, and elicited testimony from three witnesses. Defendants, represented by counsel, also appeared and gave...
ORDER AND MEMORANDUM OPINION SHARION AYCOCK , District Judge . Herbert Howard filed his Petition [5] for Chapter 13 Bankruptcy on December 12, 2016. On May 4, 2018, after a hearing on a Motion to Dismiss [18] from the Trustee Locke Barkley, the Bankruptcy Court dismissed Howard's case for failing to make payments under his approved Plan. See Order [20]. Howard appealed the dismissal of his bankruptcy case to this Court. See Notice of Appeal [1]. The Court considered the record,...
PROCESS ORDER ROY PERCY , Magistrate Judge . The court conducted a hearing as outlined in Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985) in this case and finds that process should issue for defendants Terry Scott and Kyle Eve. It is ORDERED: (1) The clerk of the court will issue process for Terry Scott and Kyle Eve, along with a copy of this order and the order permitting the plaintiff to proceed in forma pauperis. The United States Marshal Service will serve process upon...
ORDER GOVERNING PRETRIAL CONFERENCE AND PREPARATION OF FINAL PRETRIAL ORDER JANE M. VIRDEN , Magistrate Judge . The purpose of the final pretrial conference is to secure a just and speedy determination of the issues and prepare the formal pretrial order. Counsel for all parties shall confer in person (face to face) at their earliest convenience for the purpose of arriving at all possible stipulations and for the exchange of copies of documents that will be offered in evidence at the trial....
ORDER GRANTING CONTINUANCE SHARION AYCOCK , District Judge . Now before the Court is the Government's Unopposed Motion [26] to Continue Trial and Pre-trial Deadlines requesting a continuance of the current March 17, 2020 trial setting of this cause. In the Motion [26], which the Defendant does not oppose, the Government notes that "the World Health Organization, along with the Centers for Disease Control and Prevention, has declared a global pandemic related to the spread of the COVID-19...
