MEMORANDUM OPINION DENYING PLAINTIFF'S MOTION TO STRIKE SUMMARY JUDGMENT EVIDENCE. 1 DENYING PLAINTIFF'S MOTION FOR AN EVIDENTIARY HEARING, AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT GLEN H. DAVIDSON, Senior Judge. Presently before the Court are the following: Plaintiff's motion to strike summary judgment evidence [82], Plaintiff's motion for an evidentiary hearing [85], and Defendant's motion for summary judgment [65]. After careful review of the motions, responses, attachments,...
MEMORANDUM OPINION GRANTING MOTION FOR SUMMARY JUDGMENT BASED ON ELEVENTH AMENDMENT IMMUNITY FILED BY DEFENDANTS LEE McTEER AND JONATHAN BRADLEY AND DISMISSING DEFENDANT LEE McTEER AS A PARTY GLEN H. DAVIDSON, Senior District Judge. Presently before the Court is a motion for summary judgment based on Eleventh Amendment immunity [68] filed by Defendants Lee McTeer and Jonathan Bradley in their official capacities. Upon due consideration, the Court finds that the motion [68] is well taken...
MEMORANDUM OPINION SHARION AYCOCK, District Judge. Plaintiffs filed their Complaint in the Lee County Chancery Court seeking to enjoin the Mississippi High School Activities Association (MHSAA) from enforcing an association rule prohibiting student athletes from competing on both a school and non-school (independent) team in the same sport during the academic year. Defendants' filed a Motion to Dismiss, or Alternatively, Motion for Summary Judgment [15]. A hearing was held on this matter and...
MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT BASED ON QUALIFIED IMMUNITY FILED BY DEFENDANTS CHRISTOPHER EPPS, LEE McTEER, AND JONATHAN BRADLEY GLEN H. DAVIDSON, Senior District Judge. Presently before the Court is a motion for summary judgment based on qualified immunity [48] jointly filed by Defendants Christopher Epps, Lee McTeer, and Jonathan Bradley in their individual capacities. Upon due consideration, the Court finds that the motion [48] should...
MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART ALL DEFENDANTS' MOTION TO DISMISS AND DENYING AS MOOT DEFENDANTS' McPHAIL AND NELSON'S MOTION FOR QUALIFIED IMMUNITY GLEN H. DAVIDSON, Senior District Judge. Presently before the Court is a motion to dismiss [9] pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure filed by Defendants Lafayette County School District, Michael McPhail, and Jeff Nelson, as well as a motion for qualified immunity [13] filed by Defendants...
MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART DEFENDANT TYSON FOODS, INC.'S MOTION TO DISMISS GLEN H. DAVIDSON, Senior District Judge. Presently before the Court is Defendant Tyson Foods, Inc.'s motion to dismiss [18] filed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Upon due consideration, the Court finds that the motion should be granted in part and denied in part. 1 A. Factual and Procedural Background Plaintiff Marvin Jones ("Plaintiff"), a former...
MEMORANDUM OPINION RULING ON MOTIONS TO DISMISS ON ELEVENTH AMENDMENT IMMUNITY GROUNDS GLEN H. DAVIDSON, Senior District Judge. Presently before the Court are motions to dismiss filed by Defendants Lee McTeer and Jonathon Bradley [16], Haley Barbour [35], and Christopher Epps [37], all in their official capacities. These motions have been fully briefed and are ripe for review. Upon due consideration, the Court finds McTeer's and Bradley's motion to dismiss [16] shall be denied, and Barbour's...
MEMORANDUM OPINION SHARION AYCOCK, District Judge. Plaintiff filed this action in January of 2012 alleging that Defendants violated his civil and constitutional rights, as well as committed state law torts. Defendants seek dismissal of this action pursuant to Federal Rule of Civil Procedure 12(b)(6), the applicable statutes of limitations, various immunities under state and federal law, and Pullman abstention. Because Plaintiff has failed to timely bring his claims and has failed to state a...
ORDER SHARION AYCOCK, District Judge. Pursuant to a Memorandum Opinion issued this day, Defendants' Motion to Dismiss [11] is GRANTED and Plaintiff's case is DISMISSED. All other pending motions are TERMINATED. SO ORDERED.
MEMORANDUM OPINION MICHAEL P. MILLS, Chief District Judge. This matter comes before the court on the pro se prisoner complaint of Willie Bogard, who challenges the conditions of his confinement under 42 U.S.C. 1983 and the Religious Land Use and Institutionalized Persons Act. For the purposes of the Prison Litigation Reform Act, the court notes that the plaintiff was incarcerated when he filed this suit. The defendants have filed a motion for summary judgment in this case. Bogard has not...
MEMORANDUM OPINION SHARION AYCOCK, District Judge. Plaintiffs originally filed this anti-trust matter on April 2, 2012. After Defendants filed motions to dismiss, Plaintiffs amended their complaint and added a defendant in June of 2012. Analyzing the allegations of the First Amended Complaint, the Court granted the Defendants' motions to dismiss pursuant to Rule 12(b)(6) finding that Plaintiffs' amended complaint failed to state a claim for which they were entitled to relief. The Court...
MEMORANDUM OPINION SHARION AYCOCK, District Judge. Presently before the Court is Defendant's Motion for Summary Judgment [29]. For the reasons set forth below, that motion is granted. Factual and Procedural Background Although the factual record before the Court is limited, the undisputed and pertinent facts are as follows: while shopping in the frozen food department of Dollar Tree on November 17, 2011, Plaintiff tripped over an empty dolly or hand truck placed in the center of the aisle....
MEMORANDUM OPINION SHARION AYCOCK, District Judge. Presently before the Court is Plaintiff's Motion for Summary Judgment [40] seeking a declaratory judgment voiding an insurance policy purchased by Fred and Debbie Baptist. After reviewing the motion, responses, rules, and authorities, the Court finds the following: FACTUAL AND PROCEDURAL BACKGROUND Defendants Fred and Debbie Baptist ("Baptists") purchased a homeowner's policy from Plaintiff Nationwide Mutual Insurance Company ("Nationwide")...
ORDER SHARION AYCOCK, District Judge. Pursuant to the Memorandum Opinion issued this day, Plaintiff's Motion for Summary Judgment [40] is GRANTED. The Court finds the policy at issue to be void for the renewal periods after the 2008 foreclosure. Accordingly, Nationwide is entitled to recover all benefits paid for the two undisputed claims filed during those periods. SO ORDERED.
MEMORANDUM OPINION SHARION AYCOCK, District Judge. Plaintiff worked as a Certified Nursing Assistance (CNA) at the Columbus, Mississippi, Aurora Australis facility. She was discharged in October of 2011, and subsequently filed an EEOC Charge in January of 2012. After receiving her Right to Sue letter, Plaintiff filed suit in this court. Defendants seek dismissal of Counts 3, 5, 6, and 7 for various reasons. After reviewing the motions, responses, rules and authorities, the Court finds as...
MEMORANDUM OPINION GLEN H. DAVIDSON, Senior District Judge. This matter comes before the court on the motion, through counsel, by Hamzah Ali Ahmed to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. The Government has responded to the motion, and Ahmed has replied. The matter is ripe for resolution. For the reasons set forth below, Ahmed's motion under 2255 will be dismissed as untimely filed. Facts and Procedural Posture On August 24, 2006 Hamzah Ali Ahmed was named in...
ORDER JANE M. VIRDEN, Magistrate Judge. Before the court is Moore Law Office, PLLC's ("Moore") Motion to Assert a Lien for Attorney's Fees and Expenses [29]. By Order dated July 26, 2013, this court granted Moore's motion to withdraw as counsel for Plaintiff on condition that it provide Plaintiff with a copy of that Order. The court did not consider Moore's request for assertion of a lien for attorney's fees and expenses—because the motion was unusually vague in that respect—but allowed Moore...
MEMORANDUM OPINION NEAL B. BIGGERS, Senior District Judge. This matter comes before the court on the pro se petition of Christopher Lashon Johnson for a writ of habeas corpus under 28 U.S.C. 2254. The State has moved to dismiss the petition as untimely filed, and Johnson has responded. 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 for a writ of habeas corpus dismissed as untimely filed. Facts...
MEMORANDUM OPINION SHARION AYCOCK, District Judge. The United States of America brought this action to foreclose federal tax liens on Robert Steven Powell's alleged interest in real property located at 103 Janey Drive, Senatobia, Mississippi 38668, even though Texore Investment Club, Inc. holds title to the Subject Property. After filing its Complaint [1], Defendant Peggy McCabe Powell filed a Motion to Dismiss [4]. The Clerk thereafter filed an Entry of Default against Texore Investment Club,...
ORDER ADOPTING REPORT AND RECOMMENDATION SHARION AYCOCK, District Judge. On consideration of the file and record of this action, the court finds that the Report and Recommendation of the United States Magistrate Judge dated July 22, 2013, was on that date duly served upon the parties; that more than fourteen days have elapsed since service of said Report and Recommendations; and that no objection thereto has been filed or served by any party. The court is of the opinion that the magistrate...
