DECISION AND ORDER THOMAS M. ROSE , District Judge . This habeas corpus case is before the Court on Petitioner's Motion to Alter or Amend the Judgment (ECF No. 17). The Magistrate Judge has filed a Report and Recommendations recommending the Motion be denied (ECF No. 18) and Petitioner has filed Objections (ECF No. 19). Because a motion to amend the judgment is filed post-judgment, it is deemed referred to an assigned Magistrate Judge under 28 U.S.C. 636(b)(3), requiring a recommended...
DECISION AND ENTRY SHARON L. OVINGTON , Magistrate Judge . I. Introduction Plaintiff Armetta Bullard brings this case challenging the Social Security Administration's denial of her application for Supplemental Security Income. She applied for benefits on July 17, 2015, asserting that she could no longer work a substantial paid job. Administrative Law Judge (ALJ) Deborah F. Sanders concluded that she was not eligible for benefits because she is not under a "disability" as defined in...
ENTRY AND ORDER DENYING DEFENDANT LIONEL COMBS' MOTION TO RECONSIDER DETENTION (Doc. 25) THOMAS M. ROSE , District Judge . This matter comes before the Court pursuant to Defendant Lionel Combs' Motion for the Review of Detention Order (Doc. 25) filed January 17, 2020, pursuant 18 U.S.C. 3145(b), and the Government's Response (Doc. 36) filed February 6, 2020. The Court convened a hearing on said Motion February 19, 2020. Appearing on behalf of the Government was Assistant United States...
DECISION AND ENTRY SHARON L. OVINGTON , Magistrate Judge . I. Introduction Plaintiff Mozette Chinn brings this case challenging the Social Security Administration's denial of her application for Supplemental Security Income. She applied for benefits on October 21, 2013, asserting that she could no longer work a substantial paid job. Administrative Law Judge (ALJ) Elizabeth A. Motta concluded that she was not eligible for benefits because she is not under a "disability" as defined in...
ORDER ALGENON L. MARBLEY , Chief District Judge . There being no objections, the Court hereby adopts the Report and Recommendation of the Magistrate Judge (ECF No. 76) that the defendant's guilty plea be accepted. The Court accepts the defendant's plea of guilty to Count 1 of the Indictment, and she is hereby adjudged guilty on this count. The Court will defer the decision of whether to accept the plea agreement until the sentencing hearing.
ORDER JAMES L. GRAHAM , District Judge . Plaintiff Tanya Mayle brings this action under 42 U.S.C. 405(g) for review of the final decision of the Commissioner of Social Security ("Commissioner") denying her application for disability insurance benefits and supplemental security income. In a decision rendered on April 9, 2018, the ALJ found that plaintiff has a severe impairment, specifically, anxiety disorder. R. 45. The ALJ concluded that plaintiff has the residual functional capacity ("...
OPINION AND ORDER SARAH D. MORRISON , District Judge . Christian Davis ("Plaintiff") brings this action under 42 U.S.C. 405(g) and 1383(c)(3) for review of a final decision of the Commissioner of Social Security ("Commissioner") denying his application for Supplemental Security Income ("SSI"). This matter is before the Court on the Plaintiff's Objection (ECF No. 20) to the Report and Recommendation (R&R) issued by the United States Magistrate Judge on January 16, 2020 (ECF No. 19),...
ORDER MICHAEL H. WATSON , District Judge . On February 20, 2020, the Magistrate Judge Issued a Report and Recommendation ("R&R") recommending that Petitioner's motion to vacate under 28 U.S.C. 2255 be denied as time-barred pursuant to Rule 4 of the Rules Governing Section 2255 Proceedings in the United States District courts ("the Habeas Rules"). R&R, ECF No. 214. Although the parties were advised of the right to object to the R&R, and of the consequences of failing to do so, no...
OPINION AND ORDER ALGENON L. MARBLEY , Chief District Judge . Petitioner, a prisoner sentenced to death by the State of Ohio, has pending before this Court a habeas corpus action pursuant to 18 U.S.C. 2254. This matter is before the Court upon Petitioner's Motion to Transport for Medical Testing, (ECF No. 106), Respondent's opposition, (ECF No. 107), and Petitioner's Reply, (ECF No. 108.) Petitioner seeks an Order from this Court directing his custodian, the Warden-Respondent, to...
ORDER MICHAEL R. BARRETT , District Judge . This matter is before the Court on the Report and Recommendation ("R&R") filed by the Magistrate Judge on March 4, 2020 (Doc. 19). Proper notice has been given to the parties under 28 U.S.C. 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate...
REPORT AND RECOMMENDATIONS MICHAEL R. MERZ , Magistrate Judge . This habeas corpus case was brought by Petitioner David Walker with the assistance of counsel to obtain relief from his conviction in the Court of Common Pleas of Hamilton County, Ohio. It is ripe for decision upon the Petition (ECF No. 1), the State Court Record (ECF No. 4), the Return of Writ (ECF No. 5), and Petitioner's Traverse (ECF No. 9). The Magistrate Judge reference has recently been transferred to the undersigned to...
TRANSFER ORDER MICHAEL R. MERZ , Magistrate Judge . This habeas corpus case is before the Court on Petitioner's Motion pursuant to Fed.R.Civ.P. 60(b)(6) to retroactively apply Strickland v. Washington, 466 U.S. 668 (1984), and Roe v. Flores-Ortega, 528 U.S. 470 (2000), to this case (ECF No. 148). Foster asserts that at a hearing in 2013 the trial judge ordered his attorney to "preserve his appellate rights." Id. at PageID 2122. However, he asserts his attorney never responded to...
ORDER SHARON L. OVINGTON , Magistrate Judge . This matter is presently before the Court upon Defendants' Unopposed Motion for Stay of Proceedings. (Doc. #21). Defendants seek an order staying all remaining case management deadlines set forth in the Preliminary Pretrial Conference Order "until Defendants are able to fully re-open after the coronavirus outbreak has subsided." Id. IT IS THEREFORE ORDERED THAT: 1. Defendants' Unopposed Motion for Stay of Proceedings (Doc. #21) is GRANTED;...
ORDER GEORGE C. SMITH , District Judge . This case is before the Court to consider the Report and Recommendation issued by the Magistrate Judge on February 26, 2020. The Magistrate Judge recommended that Plaintiff's Statement of Errors be overruled, the decision of the Commissioner of Social Security be affirmed, and that judgment be entered in favor of Defendant, the Commissioner of Social Security. (Doc. 16). This matter is now before the Court on Plaintiff's Objections to the...
MEMORANDUM OPINION AND ORDER WILLIAM O. BERTELSMAN , District Judge . Plaintiff Jeremiah Linz and two other named co-Plaintiffs have filed a class action, which is related to a suit brought by Elizabeth Mahan. See Mahan v. Core Values Roadside Service, LLC, et al., 1:19-cv-480. Both suits allege violations of the Fair Labor Standards Act, violations of Ohio's and Pennsylvania's minimum wage laws, and contain claims for unjust enrichment. The claims in Plaintiff Mahan's separate suit...
MEMORANDUM OPINION AND ORDER WILLIAM O. BERTELSMAN , District Judge . Plaintiff Elizabeth Mahan has filed a lawsuit, which is related to a class action filed by Jeremiah Linz and two other named co-Plaintiffs. Both suits allege violations of the Fair Labor Standards Act, violations of Ohio's and Pennsylvania's minimum wage laws, and contain claims for unjust enrichment. Plaintiff Mahan's claims arise from when she began helping Plaintiff Linz, who was at the time her fianc and cohabitant,...
ORDER STRIKING PRO SE MOTION MICHAEL R. MERZ , Magistrate Judge . This case came on for evidentiary hearing on March 6, 2020, on Defendant's Motion to Vacate pursuant to 28 U.S.C. 2255. On March 17, 2020, the Magistrate Judge received Defendant's Motion to Amend Evidentiary Hearing and Request Stay which has now been docketed by the Clerk (ECF No. 106). The stated purpose of the Motion is to "supplement" the evidentiary hearing with a stipulation and agreement which the Government...
DECISION AND ENTRY SUSTAINING RESPONDENT'S MOTION TO DISMISS CLAIMANT'S MOTION TO VACATE (DOC. #9) PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1), CHALLENGING THIS COURT'S SUBJECT MATTER JURISDICTION; TERMINATION ENTRY WALTER H. RICE , District Judge . On August 2, 2019, Claimant, Richard "Rip" Hale ("Hale"), filed a Motion to Vacate Arbitration Award "pursuant to Section 10(a)(3) and (4) of the Federal Arbitration Act ("FAA"), 9 U.S.C. 10 and Sixth Circuit case law." Doc. #1,...
DECISION AND ENTRY SUSTAINING JOINT MOTION TO STAY ALL PROCEEDINGS FOR 30 DAYS (DOC. #30); OVERRULING WITHOUT PREJUDICE TO REFILING PLAINTIFFS' COMBINED MOTION TO STAY THE ISSUANCE OF COURT-SUPERVISED NOTICE PURSUANT TO 216(b) AND MOTION FOR AN EXTENSION OF TIME TO CONFER REGARDING NOTICE (DOC. #28), AND JOINT MOTION TO STAY NOTICE OF COLLECTIVE ACTION (DOC. #29) WALTER H. RICE , District Judge . For good cause shown, the Court SUSTAINS the parties' Joint Motion to Stay All Proceedings...
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #12); OVERRULING PLAINTIFF'S OBJECTIONS THERETO (DOC. #13); AFFIRMING NON-DISABILITY FINDING OF COMMISSIONER; JUDGMENT TO ENTER IN FAVOR OF DEFENDANT AND AGAINST PLAINTIFF; TERMINATION ENTRY WALTER H. RICE , District Judge . Plaintiff Christina May has brought this action pursuant to 42 U.S.C. 405(g), seeking judicial review of a decision of the Defendant Commissioner denying Plaintiff's...
