REPORT AND RECOMMENDATION ROBERT H. WALKER , Magistrate Judge . This pro se prisoner civil rights case came before the Court for a duly noticed Spears /omnibus hearing scheduled for Wednesday, December 7, 2016 at 9:30 a.m., before United States Magistrate Judge Robert H. Walker at the United States Courthouse in Jackson, Mississippi in Suite 6.350, Courtroom 6C. The docket reflects, and the Court finds, that on October 26, 2016, Deputy Clerk Sandra Ryan properly notified Telse Shalin...
PROPOSED FINDINGS OF FACT AND RECOMMENDATION ROBERT H. WALKER , Magistrate Judge . Plaintiff Scooter Lynn Robinson, proceeding pro se and in forma pauperis, filed a 42 U.S.C. 1983 prisoner civil rights complaint alleging, among other things, that Defendants failed to provide him with sanitary food. He alleges that food at East Mississippi Correctional Facility (EMCF) and later at Wilkinson County Correctional Facility (WCCF), made him sick. At some point later, Plaintiff was...
REPORT AND RECOMMENDATION JOHN C. GARGIULO , Magistrate Judge . This matter is before the Court sua sponte for recommendation of dismissal. When Plaintiff filed this suit on August 6, 2015, he was a prisoner incarcerated with the Mississippi Department of Corrections at the South Mississippi Correctional Facility in Leakesville, Mississippi. On October 12, 2016, the Court issued an Order Setting Omnibus Hearing (ECF No. 13) and a corresponding Writ of Habeas Corpus ad Testificandum (ECF...
FINAL JUDGMENT OF DISMISSAL HALIL SULEYMAN OZERDEN , District Judge . The Court, after a full review and consideration of the record in this case, and relevant legal authority, finds that in accord with the Agreed Order [184] entered on December 13, 2016, IT IS, ORDERED AND ADJUDGED, that this Civil Action is DISMISSED WITHOUT PREJUDICE.
FINAL JUDGMENT LOUIS GUIROLA, Jr. , Chief District Judge . This matter is before the Court on submission of the [58] Report and Recommendation of United States Magistrate Judge Robert H. Walker entered in this cause on December 8, 2016. The Court, having adopted said Report and Recommendation as the finding of this Court by Order entered this date, finds that this matter should be dismissed. Accordingly, IT IS ORDERED AND ADJUDGED that this matter be, and is hereby, DISMISSED . SO...
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING ACTION LOUIS GUIROLA, Jr. , Chief District Judge . This cause comes before the Court on the [58] Report and Recommendation of United States Magistrate Judge Robert H. Walker. On March 10, 2016, Plaintiff Vartaurse Cornelious Penns filed a Complaint pursuant to 42 U.S.C. 1983 against multiple defendants alleging violations of his constitutional rights. On December 8, 2016, this cause came before Magistrate Judge Walker for a duly...
REPORT AND RECOMMENDATION ROBERT H. WALKER , Magistrate Judge . This pro se prisoner civil rights case came before the Court for a duly noticed Spears /omnibus hearing scheduled for Thursday, December 8, 2016 at 9:30 a.m., before United States Magistrate Judge Robert H. Walker at the United States Courthouse in Gulfport, MS in Courtroom 881. The docket reflects, and the Court finds, that on September 19, 2016, Deputy Clerk Sandra Ryan properly notified Vartaurse Cornelious Penns of the...
ORDER ADOPTING REPORT AND RECOMMENDATION, REVOKING IFP STATUS, AND REQUIRING PAYMENT OF FILING FEE LOUIS GUIROLA, Jr. , Chief District Judge . BEFORE THE COURT is the [112] Report and Recommendation of United States Magistrate Judge John C. Gargiulo entered in this action of December 14, 2016. Plaintiff Andrew Clinton Cruse, Jr., a pro se prisoner, filed this action pursuant to 42 U.S.C. 1983. Cruse has alleged unconstitutional denial of medical care and various other constitutional...
REPORT AND RECOMMENDATION JOHN C. GARGIULO , Magistrate Judge . This matter is before the Court sua sponte pursuant to 28 U.S.C. 1915. Plaintiff Andrew Clinton Cruse, Jr., a pro se prisoner, filed his civil rights complaint pursuant to 42 U.S.C. 1983 on February 26, 2016, and was granted in forma pauperis status pursuant to 28 U.S.C. 1915 on March 23, 2016. (ECF No. 1); (ECF No. 6). It has come to the attention of the undersigned that plaintiff has, on not less than three...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT DR. SID ROSS'S [258] MOTION FOR SUMMARY JUDGMENT; DENYING AS MOOT DR. SID ROSS'S [254] MOTION TO STRIKE TESTIMONY AND SUPPLEMENTAL EXPERT REPORT OF MICHAEL STEVENS, D.O.; AND DENYING AS MOOT DR. SID ROSS'S [265] MOTION TO STRIKE SUPPLEMENTAL WITNESSES HALIL SULEYMAN OZERDEN , District Judge . BEFORE THE COURT are the Motion [254] to Strike Testimony and Supplemental Expert Report of Michael Stevens, D.O., the Motion [258] for Summary...
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION [18], DENYING PETITIONER'S MOTION FOR EVIDENTIARY HEARING [16], AND DISMISSING PETITIONER'S CLAIMS WITH PREJUDICE HALIL SULEYMAN OZERDEN , District Judge . This matter comes before the Court on the Report and Recommendation [18] of United States Magistrate Judge John C. Gargiulo, entered on December 1, 2016. Also before the Court is Petitioner's Motion for Evidentiary Hearing [16]. After consideration of the proposed findings of...
REPORT AND RECOMMENDATION JOHN C. GARGIULO , Magistrate Judge . BEFORE THE COURT is the Petition of Douglas Wade Braithwaite for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 (ECF No. 1). B.E. Blackmon, Warden at the Federal Correctional Complex in Yazoo City, Mississippi, filed an Answer (ECF No. 14). Petitioner then filed a Reply (ECF No. 15). Petitioner has also filed a Motion for Evidentiary Hearing (ECF No. 16), to which Respondent filed a Response in Opposition (ECF No. 17)....
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT FILED BY DEFENDANTS LOUIS GUIROLA, JR. , CHIEF U.S. DISTRICT JUDGE . BEFORE THE COURT is the [115] Motion for Summary Judgment filed by Defendants Giterdone C Store, LLC and 443-B Yacht Club Drive LLC. Having reviewed the parties' submissions and the applicable law, the Court is of the opinion that the Motion should be denied. 1 This is an action for federal trademark infringement and related claims. Plaintiff Git-R-Done...
ORDER DANIEL P. JORDAN, III , District Judge . This case is before the Court on the Report and Recommendation [31] of United States Magistrate Judge F. Keith Ball. Judge Ball recommended that the Court grant Defendant Joann H. Shivers's Motion to Revoke Plaintiff's In Forma Pauperis ["IFP"] Status [23]. Plaintiff Henry Gibbs, Jr. filed Objections [32] to the Report and Recommendation, along with an Affidavit [34]. The Court, being fully advised of the premises, agrees with Judge Ball...
ORDER DENYING RECONSIDERATION HENRY T. WINGATE , District Judge . BEFORE THIS COURT is the Defendant's Motion for Amendment or Modification of Detention [Docket no. 90] filed by Christopher B. Epps (hereinafter referred to as "Epps"). Epps asks this court to release him from pretrial detention in accordance with 18 U.S.C. 3145(b) which provides: (b) Review of a detention order. If a person is ordered detained by a magistrate [United States magistrate judge], or by a person other than...
MEMORANDUM OPINION AND ORDER KEITH STARRETT , District Judge . For the reasons below, the Court denies Plaintiffs' Motion for Partial Summary Judgment [69]. I. BACKGROUND This is a toxic tort case. Plaintiffs own property in Hattiesburg, Mississippi, near the site of a chemical plant that Defendant operated from 1923 until approximately 2009. 1 Plaintiffs allege that Defendant improperly disposed of numerous hazardous waste products, contaminating the soil and groundwater beneath...
ORDER DENYING PLAINTIFF'S [43] MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS' PENDING MOTION TO DISMISS; DENYING PLAINTIFF'S [38] MOTION FOR DISCOVERY; GRANTING IN PART AND DENYING IN PART DEFENDANTS' [36] MOTION TO DISMISS FOR LACK OF JURISDICTION, OR IN THE ALTERNATIVE, TO TRANFER TO A CONVENIENT FORUM; AND TRANFERRING THIS CASE TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS, FORT WORTH DIVISION HALIL SULEYMAN OZERDEN , District Judge . BEFORE THE COURT...
MEMORANDUM OPINION AND ORDER KEITH STARRETT , District Judge . For the reasons below, the Court grants in part and denies in part Defendant's Motion for Partial Summary Judgment [72]. I. BACKGROUND This is a toxic tort case. Plaintiffs own property in Hattiesburg, Mississippi, near the site of a chemical plant that Defendant operated from 1923 until approximately 2009. 1 Plaintiffs allege that Defendant improperly disposed of numerous hazardous waste products, contaminating the soil...
MEMORANDUM OPINION AND ORDER DENYING DEFENDANT KEESLER FEDERAL CREDIT UNION'S MOTION FOR SUMMARY JUDGMENT [42], AND GRANTING PLAINTIFF'S FEDERAL RULE OF CIVIL PROCEDURE 56(d) MOTION [60] HALIL SULEYMAN OZERDEN , District Judge . BEFORE THE COURT is Defendant Keesler Federal Credit Union's Motion for Summary Judgment [42] filed July 29, 2016, and Plaintiff Steven W. Holland's Federal Rule of Civil Procedure 56(d) Motion [60] filed in response on September 20, 2016. Having considered the...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . This qui tam action is before the Court on Defendant Dr. Sonjay Fonn's motion (Doc. No. 157) to compel production of reports of interviews ("Reports") conducted by the Government before it intervened in this action or filed criminal charges against Defendants based on the allegations in the qui tam complaint. The Government asserts work product protection. For the reasons set forth below, the motion to compel will be denied with...
