ORDER DEBRA M. BROWN , District Judge . On December 18, 2019, during the trial of this case, the Court granted in part and denied in part Anthony Robinson's oral motion for a judgment of acquittal. This order memorializes and further explains that ruling. I Procedural History On July 24, 2019, Anthony Robinson was named in an indictment charging four counts of cyber stalking. Doc. #1. Each count alleged that Robinson engaged in a course of conduct that placed a person "in reasonable...
ORDER DEBRA M. BROWN , District Judge . On December 13, 2019, this Court, during a telephonic conference with the parties, sustained Anthony Robinson's objection to the government's Proposed Jury Instruction G-1. This order memorializes that ruling. I Procedural History On July 24, 2019, Anthony Robinson was named in an indictment charging four counts of cyber stalking. Doc. #1. Each count of the indictment alleged that Robinson engaged in a course of conduct that placed a person "in...
FINAL JUDGMENT JANE M. VIRDEN , Magistrate Judge . Consistent with the Order [17] granting Defendant's motion for remand of this case, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that this case is REVERSED and REMANDED for further action by the Commissioner pursuant to the fourth sentence of 42 U.S.C. 405(g).
ORDER JANE M. VIRDEN , Magistrate Judge . Upon consideration of Defendant's Unopposed Motion to Reverse and Remand and accompanying Memorandum, the Court finds that the Motion is well taken and should be granted. It is, therefore, ORDERED that Defendant's motion is GRANTED. It is further ORDERED that the above-captioned matter will be REVERSED and REMANDED under the fourth sentence of 42 U.S.C. 405(g) to the Commissioner of Social Security for the purpose of conducting further...
ORDER DAVID A. SANDERS , Magistrate Judge . Before the Court is Defendant's Motion to Prohibit Garry L. Moore from Engaging in the Unauthorized Practice of Law [49]. It is undisputed that Plaintiff's brother, Garry L. Moore, has "ghost-written" most—if not all—the pleadings, motions, and correspondence in this matter on his sister's behalf. Garry Moore attended and participated in the Rule 26(f) conference and this Court entered an order allowing him to attend the settlement conference [...
ORDER DEBRA M. BROWN , District Judge . Before the Court is Wilmington Savings Fund Society, FSB's "Motion to Dismiss Appeal," Doc. #7; and Mackinley Ross, Jr.'s "Motion to Extend Time," Doc. #9. I Procedural History On, April 9, 2018, Mackinley Ross, Jr. filed a Chapter 13 voluntary petition in the United States Bankruptcy Court for the Northern District of Mississippi. Doc. #6 at 6. On September 28, 2018, Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Loan...
ORDER DEBRA M. BROWN , District Judge . Before the Court is Massachusetts Mutual Life Insurance Company's motion for civil contempt and for entry of judgment against Candace Williamson, attorney of record for the Estate of Purvis William Hill, Jr. Doc. #123. I Relevant Procedural History On March 6, 2017, Massachusetts Mutual Life Insurance Company ("Mass Mutual"), invoking Federal Rules of Civil Procedure 17, 25, and 41, and the Court's inherent power to sanction, filed a "Motion for...
ORDER DEBRA M. BROWN , District Judge . On August 27, 2019, Preston Cantner pled guilty to one count of being a felon in possession of a firearm. Docs. #1, #33. On October 31, 2019, Cantner filed an objection to the Presentence Investigation Report ("PSR"), arguing that he is entitled to a sentencing reduction under Sentencing Guideline 2K2.1(b)(2) 1 with respect to his base offense level and that, therefore, the PSR miscalculated his base offense level. Doc. #38. The government...
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 an application for 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.C. 636(c), with any appeal to the Court of Appeals for...
ORDER GRANTING JOINT MOTION FOR APPROVAL OF SETTLEMENT OF FLSA CLAIMS AND CLOSING CASE JANE M. VIRDEN , Magistrate Judge . Upon the Parties' Joint Motion for Approval of Settlement of FLSA Claims, the Court, having reviewed the materials submitted by the Parties and finding the settlement of this matter to be fair and reasonable, hereby approves this settlement and dismisses this matter with prejudice as to each of the Plaintiffs, with all Parties to bear their own costs and fees except...
ORDER DENYING MOTION TO ALTER OR AMEND JUDGMENT DAVID A. SANDERS , Magistrate Judge . This matter comes before the court on the motion [80] of the Plaintiff Clifton T. Torrey, Sr., to alter or amend the court's order granting Defendant Dr. Gloria Perry's motion for summary judgment and dismissing Torrey's claims. Upon due consideration, the court finds that Torrey's motion should be denied. On February 9, 2018, Torrey, an inmate currently housed at the Mississippi State Penitentiary,...
ORDER DEBRA M. BROWN , District Judge . Before the Court in this civil rights action is Sean Williams' second motion for summary judgment, Doc. #27; "James Arthur Sharkey's Second Motion for the Right to Confrontation and Motion to Strike Deputy Williams' Second Motion for Qualified Immunity and for His Summary Judgment," 1 Doc. #34; and Williams' motion to strike or deny Sharkey's motion, Doc. #35. I Procedural History On February 9, 2018, James Arthur Sharkey, with the assistance...
PROTECTIVE ORDER DAVID A. SANDERS , Magistrate Judge . This matter is before the court on the plaintiffs' motion ore tenus for a protective order to prohibit the defendant from taking the deposition of the plaintiff, William Bedford. A protective order to prohibit the taking of any deposition is an extraordinary remedy. An order to prohibit the taking of a party's deposition is an even more extraordinary remedy. For reasons set forth in detail below, the court finds this extraordinary...
ORDER OF DISMISSAL AS TO CERTAIN DEFENDANTS GLEN H. DAVIDSON , District Judge . Upon joint ore tenus motion of Plaintiff, Danny Bell, and Defendants, Itawamba County, Mississippi and Northeast Mississippi Regional Water Supply District, and for good cause based on finalized settlement between the movants, it is hereby ORDERED AND ADJUDGED that this matter is hereby dismissed with prejudice only as to Defendants, Itawamba County, Mississippi and Northeast Mississippi Regional Water...
FINAL JUDGMENT JANE M. VIRDEN , Magistrate Judge . Consistent with the Order [20] granting Defendant's motion for remand of this case, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that this case is REVERSED and REMANDED for further action by the Commissioner pursuant to the fourth sentence of 42 U.S.C. 405(g).
ORDER GRANTING UNOPPOSED MOTION FOR REMAND JANE M. VIRDEN , Magistrate Judge . THIS CAUSE having come on for hearing on the Defendant's Unopposed Motion for Remand [ECF No. 18] and this Court, having considered the same and being fully advised in the premises, and noting that Plaintiff Harriet W. Harmon has no objection, is of the opinion that said Unopposed Motion for Remand is well taken and should be, and the same is, hereby granted. IT IS, THEREFORE, ORDERED AND ADJUDGED that...
ORDER OF DISMISSAL WITH PREJUDICE SHARION AYCOCK , District Judge . THIS DAY this cause came before the Court on the ore tenus Motion of the parties seeking an Order dismissing this matter with prejudice. The Court, having been advised that the parties have reached a settlement agreement and completed the necessary paperwork to finalize the same, finds that the Motion is well-taken and should be sustained. IT IS, THEREFORE, ORDERED that this matter is hereby dismissed with prejudice...
ORDER DEBRA M. BROWN , District Judge . The parties in this case have stipulated to the dismissal of all claims. Docs. #80, #85. Accordingly, the pending motions to dismiss [76][88] are DENIED as moot. This case is CLOSED.
ORDER ADOPTING REPORT AND RECOMMENDATION MICHAEL P. MILLS , District Judge . Upon consideration of the record of this case, the Court finds that the Report and Recommendation ("R&R") of the United States Magistrate Judge dated October 16, 2019, was on that date duly filed and the parties notified; that more than fourteen days have elapsed since notice of said R&R; and that no objection thereto has been filed or served by any party. The Court is of the opinion that the R&R should be...
ORDER DISMISSING ACTION BY REASON OF SETTLEMENT SHARION AYCOCK , District Judge . The Court was advised that this action was settled or is in the process of being settled. Therefore, it is not necessary that the action remain on the calendar of the Court. IT IS ORDERED that this action be DISMISSED without prejudice. The Court retains complete jurisdiction to vacate this order and reopen the action upon cause shown that the settlement has not been completed and further litigation is...
