REPORT AND RECOMMENDATION KATHLEEN B. BURKE , Magistrate Judge . Plaintiff Michael Kenneth Hendricks ("Plaintiff" or "Hendricks") seeks judicial review of the final decision of Defendant Commissioner of Social Security ("Commissioner") denying his applications for Supplemental Security Income ("SSI") and Disability Insurance Benefits ("DIB"). Doc. 1. This Court has jurisdiction pursuant to 42 U.S.C. 405(g). This matter has been referred to the undersigned Magistrate Judge for a Report...
REPORT AND RECOMMENDATION JAMES R. KNEPP, II , Magistrate Judge . INTRODUCTION Petitioner Le 'Jon Darnell Fair, a pro se Ohio prisoner, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Respondent, Warden Christopher LaRose filed an answer (Doc. 7) with attached exhibits (Doc. 7-1). Petitioner filed a reply. (Doc. 10). The district court has jurisdiction over this petition under 28 U.S.C. 2254(a). This cause is before the undersigned pursuant to 28 U.S.C....
REPORT AND RECOMMENDATION JONATHAN D. GREENBERG , Magistrate Judge . This matter has been referred to the undersigned United States Magistrate Judge for preparation of a Report and Recommendation pursuant to Local Rule 72.2(b)(2). Before the Court is Respondent Charmaine Bracy's unopposed motion to dismiss Petitioner Donovan Miller's Petition for the Writ of Habeas Corpus. (Doc No. 6). For the reasons that follow, it is recommended that the motion be GRANTED. I. Background A. Relevant...
MEMORANDUM OPINION AND ORDER DONALD C. NUGENT , United States District Judge . This matter is before the Court on the Motion to Dismiss filed by Defendant, Bank of America, N.A. ("BANA") (Docket #13). and the Motion to Dismiss Count I of the Complaint filed by Defendant, Bayview Loan Servicing, LLC ("Bayview") (Docket #18). I. The Complaint. Ms. Griffin alleges BANA and Bayview violated the Fair Credit Reporting Act, 15 U.S.C. 1681, et seq. ("FCRA"), and the Fair Debt Collection...
MEMORANDUM OPINION AND ORDER DONALD C. NUGENT , District Judge . This matter is before the Court on Plaintiff's Motion to Compel 1) Written Discovery Answers and Documents; and 2) Inspect, Photograph and Copy Computer System (ECF #42); Plaintiff's Motion to Compel Kevin Kalczynski to Answer Deposition Questions (ECF #43); and Plaintiff's Motion to Compel Andrea Bouchard to Answer Deposition Questions (ECF #44). Defendant opposes all three of Plaintiff's motions. (ECF #47.48. 49). Also...
REPORT AND RECOMMENDATION JAMES R. KNEPP, II , Magistrate Judge . Plaintiff, represented by counsel, filed a complaint against the Commissioner of Social Security on April 6, 2016. (Doc. 1). The Court issued an order on April 11, 2016, detailing the briefing schedule. (Doc. 7). In that schedule, Plaintiff had 30 days after Defendant filed an answer and transcript to file a brief on the merits. (Doc. 7). Defendant filed its answer and transcript on June 27, 2016. (Docs. 14, 15). On July 26,...
MEMORANDUM OPINION AND ORDER DONALD C. NUGENT , District Judge . This matter is before the Court on the Motion of Pro Se Defendant Bart H. Rippl to Dismiss and for Sanctions (ECF #6). Plaintiff, the United States of America, filed this action pursuant to 26 U.S.C. 7401 and 7402(a), with the authorization of the Secretary of the Treasury and at the direction of the Attorney General of the United States to obtain a judgment that Defendant is liable for federal income taxes, penalties,...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE GEORGE J. LIMBERT , Magistrate Judge . Plaintiff Laurence Joseph McDonald ("Plaintiff") requests judicial review of the final decision of the Commissioner of the Social Security Administration ("Defendant") denying his applications for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"). ECF Dkt. #1. Plaintiff asserts that substantial evidence does not support the administrative law judge's ("ALJ") decision finding...
REPORT & RECOMMENDATION WILLIAM H. BAUGHMAN, Jr. , Magistrate Judge . Introduction Before me 1 is the petition of Ernest Moon for a writ of habeas corpus under 28 U.S.C. 2254. 2 In 2013, Moon pled guilty to three counts of rape, three counts of kidnapping, and three counts of gross sexual imposition as part of a plea bargain in the Cuyahoga County Court of Common Pleas and is serving a sentence of sixty years to life. 3 He is currently incarcerated at the Belmont Correctional...
REPORT AND RECOMMENDATION JONATHAN D. GREENBERG , Magistrate Judge . Plaintiff, Brenda Boughter ("Plaintiff" or "Boughter"), challenges the final decision of Defendant, Carolyn W. Colvin, Acting Commissioner of Social Security ("Commissioner"), denying her applications for Period of Disability ("POD") and Disability Insurance Benefits "DIB"), under Title II of the Social Security Act, 42 U.S.C. 416(i), and 423 et seq. ("Act"). This Court has jurisdiction pursuant to 42 U.S.C. 405(g)....
REPORT AND RECOMMENDATION THOMAS M. PARKER , Magistrate Judge . I. Introduction Plaintiff, Nancy Stepro ("Stepro"), seeks judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying her application for supplemental security income ("SSI") under Title XVI of the Social Security Act. This matter is before the court pursuant to 42 U.S.C. 1383(c)(3), 42 U.S.C. 405(g) and Local Rule 72.2(b). For the reasons set forth below, it is recommended that...
REPORT AND RECOMMENDATION DAVID A. RUIZ , Magistrate Judge . On August 26, 2016, this matter was referred to Magistrate Judge Kenneth S. McHargh for pretrial supervision, as well as for recommendations regarding case-dispositive motions (R. 6), and was subsequently referred to the undersigned Magistrate Judge upon the former's retirement. On September 29, 2016, Defendant Navient Corporation 1 (hereinafter "Defendant" or "Navient") filed a Motion to Dismiss pursuant to Federal Rule of...
REPORT AND RECOMMENDATION JAMES R. KNEPP, II , Magistrate Judge . INTRODUCTION Kelli Glover ("Glover") filed a Complaint against the Commissioner of Social Security ("Commissioner") on behalf of her daughter, K.G. ("Plaintiff"), seeking judicial review of the Commissioner's decision to deny supplemental security income ("SSI"). (Doc. 1). The district court has jurisdiction under 42 U.S.C. 1383(c) and 405(g). This matter has been referred to the undersigned for preparation of a report...
REPORT AND RECOMMENDATION THOMAS M. PARKER , Magistrate Judge . I. Introduction Plaintiff, Kelly S. Brewer ("Brewer"), seeks judicial review of the final decision of the Commissioner of Social Security denying her application for supplemental security income benefits and disability insurance benefits under Title XVI of the Social Security Act ("Act"). This matter is before the court pursuant to 42 U.S.C. 405(g), 42 U.S.C. 1383(c)(3) and Local Rule 72.2(b). For the reasons set forth...
MEMORANDUM OPINION AND ORDER SARA LIOI , District Judge . Before the Court is the motion of petitioner Peyton Hopson ("petitioner" or "Hopson") for the undersigned to recuse from the above-captioned case pursuant to 28 U.S.C. 144 and 28 U.S.C. 455(a) and (b)(1). (Doc. No. 4 ["Mot."].) For the reasons that follow, the motion is denied. A. Background Petitioner contends that two prior cases before the undersigned are the foundation for the motion to recuse from the instant petition...
MEMORANDUM OPINION SARA LIOI , District Judge . Before the Court are the following dispositive motions: (1) the motion of defendants City of Massillon ("Massillon"), Kathy Catazaro-Perry ("Catazaro-Perry"), William Peel ("Peel"), Paul Covert ("Covert"), Jason Greenfield ("Greenfield"), and David McConnell ("McConnell") (collectively "Massillon defendants") for summary judgment (Doc. No. 46 ["Massillon MSJ"]; (2) the motion of defendants City of Canton ("Canton"), William Healy II ("Healy"),...
MEMORANDUM OPINION SARA LIOI , District Judge . Before the Court is the motion for summary judgment filed by defendants Benny Wilmoth ("Wilmoth") and Garland Rivers ("Rivers") (collectively "defendants"). 1 (Doc. No. 36 ["MSJ"].) Plaintiff Maurice Clark ("Clark" or "plaintiff") filed a brief in opposition (Doc. No. 39 ["Opp'n"]) and defendants filed a reply (Doc. No. 41 ["Reply"]). For the reasons set forth herein, defendants' motion is granted. I. BACKGROUND The sole remaining claim in...
MEMORANDUM OF OPINION AND ORDER BENITA Y. PEARSON , District Judge . Pending before the Court are the parties' positions on what remains to be resolved and the manner in which they believe resolution should occur. ECF Nos. 140, 141, 142. The Court has been advised, having reviewed the record, including the parties' filings, conducted a hearing, and reviewed the applicable law. For the reasons that follow, the Court (1) finds that Portage County Defendants' crossclaim 1 against Defendant...
MEMORANDUM OF OPINION AND ORDER [Resolving ECF No. 2 ] BENITA Y. PEARSON , District Judge . Pro se Plaintiff Wayne E. Greenough filed this action against his former employer, American Standard Brands. Plaintiff alleges that he was involuntarily placed on Family Medical Leave after being approved to receive short term disability insurance benefits. Plaintiff also alleges that he was terminated when he did not return to work after his statutory leave expired. Plaintiff does not specify the...
MEMORANDUM OPINION AND ORDER SARA LIOI , District Judge . Before the Court are two motions by respondent R. Hanson ("respondent" or "Hanson"). The first is an answer in opposition to the petition of Ivory Powell ("Powell" or "petitioner") for a writ of habeas corpus pursuant to 28 U.S.C. 2241 (Doc. No. 1 ["Petition"]), combined with a motion for summary judgment on the merits of the petition. (Doc. No. 11 ["Ans. and MSJ"].) The second is a motion to dismiss pursuant to Fed. R. Civ. P. 12(...
