ORDER FOR THE RETURN OF PROPERTY DAVID BRAMLETTE , District Judge . Before this Court is the United States of America's Motion for an Order to Return Property. Mot. for an Order to Return Property, ECF No. 34. The Court entered a Final Order of Forfeiture on November 7, 2019 (ECF No. 33), forfeiting the following: 1. American Tactical brand, Omni Hybrid model, 5.56 caliber, SN: NS185667; 2. 100 round capacity drum magazine; and 3. Any ammunition seized. to the United States...
Order DAVID BRAMLETTE , District Judge . Because of the exigencies resulting from the recent health situation, settings have been postponed, some indefinitely. A hearing on the Motion for Summary Judgment in this case was scheduled for the twenty fourth (24) day of March 2020. The parties have requested that the hearing be rescheduled for a later date. In order to clear our docket and to accommodate the parties, the Motion for Summary Judgment is DENIED with the understanding that the...
MEMORANDUM OPINION AND ORDER DAVID BRAMLETTE , District Judge . This cause is before the Court on the Plaintiff Marvin Myers' Motion to Supplement Administrative Record ("A.R.") and Memorandum in support thereof (docket entry 40). Also before the Court is Defendant Blue Cross & Blue Shield of Mississippi ("BCBS")'s Response to the Plaintiff's Motion to Supplement Administrative Record (docket entry 43). The Court, having reviewed the Plaintiff's Motion and the Defendant's Response,...
ORDER TOM S. LEE , District Judge . This cause came on this date to be heard upon the report and recommendation of United States Magistrate Judge Linda R. Anderson, and the court, having fully reviewed the report and recommendation entered in this cause on February 18, 2020, and no objection having been filed and being duly advised in the premises, finds that said report and recommendation should be adopted as the opinion of this court. IT IS, THEREFORE, ORDERED that the report and...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE LINDA R. ANDERSON , Magistrate Judge . Nicholas McLin filed the instant petition for writ of habeas corpus relief on July 8, 2019. Respondent moves to dismiss the petition for failure to state a claim upon which relief may be granted. Alternatively, Respondent contends that the petition should be dismissed for failure to exhaust state court remedies. After a review of the record and all the applicable law, the undersigned...
ORDER KEITH STARRETT , District Judge . On February 11, 2020, Defendant filed a Motion to Enforce Settlement Agreement [24]. For the reasons below, the Court denies the motion. A. Background Plaintiff filed this lawsuit alleging that Defendant interfered with his rights under the Family and Medical Leave Act and retaliated against him for exercising those rights. On January 21, 2020, Plaintiff's counsel asked Defendant's counsel if Defendant would agree to Plaintiff's voluntary...
FINAL JUDGMENT APPROVING STIPULATION OF JUST COMPENSATION LOUIS GUIROLA, JR. , District Judge . Upon consideration of the Stipulation Of Just Compensation executed by the United States of America and Atlantic Coast Conservancy, Inc. (ACC), it is hereby ORDERED, ADJUDGED AND DECREED that: 1. As stated in the United States' Declaration of Taking (ECF No. 2), the property condemned in this case for which just compensation is owed is a fee simple absolute interest in approximately 1.54...
ORDER ADOPTING MAGISTRATE JUDGE'S [14] REPORT AND RECOMMENDATION; GRANTING RESPONDENT'S [12] MOTION TO DISMISS; AND DISMISSING PETITION FOR WRIT OF HABEAS CORPUS HALIL SULEYMAN OZERDEN , District Judge . This matter comes before the Court on the Report and Recommendation [14] of United States Magistrate Judge F. Keith Ball, entered in this case on February 19, 2020, and on Respondent Joe Errington's Motion to Dismiss [12] filed on August 1, 2019. Petitioner John A. Bryant has not filed a...
REPORT AND RECOMMENDATION F. KEITH BALL , Magistrate Judge . John A. Bryant entered a plea of guilty in the Circuit Court of George County, Mississippi, to two counts of sexual battery. By order dated July 19, 2007, he was sentenced to serve 25 years, 20 years to be served in custody, and five years on post-release supervision. He now brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Respondent has filed a motion to dismiss the petition as untimely. Bryant has...
FINAL JUDGMENT HALIL SULEYMAN OZERDEN , District Judge . This matter came on to be heard on Petitioner John Hale's Objection [12] to the Report and Recommendation [11] of United States Magistrate Michael T. Parker recommending that Respondent Unknown Shaw's Motion to Dismiss [7] be granted and that Petitioner John Hale's Petition for Writ of Habeas Corpus [1] be dismissed with prejudice as untimely. The Court, after a full review and consideration of the Magistrate Judge's Report and...
ORDER OVERRULING PETITIONER'S [12] OBJECTION; ADOPTING MAGISTRATE JUDGE'S [11] REPORT AND RECOMMENDATION; GRANTING RESPONDENT'S [7] MOTION TO DISMISS; AND DISMISSING [1] PETITION FOR WRIT OF HABEAS CORPUS WITH PREJUDICE HALIL SULEYMAN OZERDEN , District Judge . This matter comes before the Court on Petitioner John Hale's Objection [12] to the Report and Recommendation [11] of United States Magistrate Michael T. Parker, which recommended that Respondent Unknown Shaw's Motion to Dismiss [7]...
MEMORANDUM OPINION AND ORDER REMANDING TO ADMINISTRATIVE LAW JUDGE FOR NEW FINDINGS HALIL SULEYMAN OZERDEN , District Judge . This matter is before the Court on Plaintiff Tucker Selg's Objection [18] to the Magistrate Judge's Report and Recommendation [17]. The Magistrate Judge recommended that Plaintiff Tucker Selg's Motion [10] for Summary Judgment be denied and that the Commissioner of Social Security's decision be affirmed. See R. & R. [17] at 11. Plaintiff has filed an Objection [...
MEMORANDUM OPINION AND ORDER ROBERT H. WALKER , Magistrate Judge . Before the Court is [61] the August 8, 2019 motion for summary judgment filed by the Defendants in this pro se prisoner civil rights lawsuit. Jesse Carl Toomer filed this action on October 1, 2018, alleging that after his arrest and incarceration in the Jackson County Adult Detention Center (JCADC) in July 2018, Defendants provided him constitutionally inadequate medical care for a hand injury. Toomer has since been...
ORDER KEITH STARRETT , District Judge . On February 25, 2020, Defendant filed its Bill of Costs [50]. Plaintiff filed a response [54] on March 10, 2020, objecting to any award of costs. Plaintiff argues that the Court should not award Defendant costs because 1) she would be unable to pay them, 2) Defendant is a large corporation with enough money for its own costs, 3) the Court erred in granting Defendant's motion for summary judgment, and 4) the requested costs were expended for the...
ORDER DANIEL P. JORDAN, III , District Judge . An Administrative Law Judge (ALJ) denied Plaintiff Bobby Pierce's claim for disability benefits. Pierce appealed and filed a motion for summary judgment [12]. Upon referral, Magistrate Judge Robert H. Walker recommended that the motion be denied and the ALJ's decision be affirmed. Pierce filed an Objection [18]; the Commissioner declined to file a response, and the time to do so has passed. For the reasons stated, the Court finds the Report...
ORDER CARLTON W. REEVES , District Judge . Before the Court is the Government's Ore Tenus Motion to Continue Trial. According to the Government, an essential witness's unavailability justifies an exclusion under the Speedy Trial Act. 18 U.S.C. 3161(h)(3)(B). William Jones — the subject of the Government's previous Motion to Continue [38] denied on March 11, 2020 — is now restricted by the United States Military from leaving Djibouti, Africa to come to trial. The Court finds that Mr....
ORDER DANIEL P. JORDAN, III , District Judge . An Administrative Law Judge (ALJ) denied Plaintiff Yolanda Carter's claim for disability benefits, and the Appeals Council denied review. Carter then appealed to this Court and filed a motion for summary judgment [11]. Upon referral, United States Magistrate Judge John C. Gargiulo recommended that this Court deny Carter's motion and affirm the Commissioner's decision. Report and Recommendation (R&R) [17]. Carter filed an Objection [18], and...
ORDER TOM S. LEE , District Judge . This cause is before the court on the objections of plaintiff Donnie Chunn to the report and recommendation of United States Magistrate Judge Michael T. Parker, recommending that the Commissioner's motion to affirm be granted and that plaintiff's motion for summary judgment be denied. Having considered the objections, the court concludes that they are not well taken and will be overruled. The court further concludes that the report and recommendation...
ORDER OVERRULING PETITIONER'S [16] OBJECTION TO THE MAGISTRATE JUDGE'S [15] PROPOSED FINDINGS OF FACT AND RECOMMENDATION; ADOPTING MAGISTRATE JUDGE'S [15] PROPOSED FINDINGS OF FACT AND RECOMMENDATION; GRANTING RESPONDENT'S [12] MOTION TO DISMISS; AND DISMISSING [1], [8] PETITION FOR WRIT OF HABEAS CORPUS WITH PREJUDICE HALIL SULEYMAN OZERDEN , District Judge . This matter comes before the Court on Petitioner Kenneth Readus's Objection [16] to the Proposed Findings of Fact and...
ORDER ADOPTING REPORTS AND RECOMMENDATIONS AND GRANTING MOTIONS FOR SUMMARY JUDGMENT LOUIS GUIROLA, JR. , District Judge . BEFORE THE COURT are the two [72][73] Reports and Recommendations of United States Magistrate Judge Linda R. Anderson, recommending that the [63][61] Motions for Summary Judgment filed by Defendants J. Paxton and Warden L. Shults, respectively, be granted. Magistrate Judge Anderson determined that these defendants are entitled to summary judgment on Plaintiff Prince...
