REPORT AND RECOMMENDATIONS 1 SHARON L. OVINGTON , Magistrate Judge . This case is before the Court upon a Motion for Allowance of Attorney Fees filed by Plaintiff's counsel (Doc. #15), the Commissioner's Response (Doc. #16), Plaintiff's counsel's Reply (Doc. #17), and the record as a whole. Plaintiff's counsel seeks an award of $13,475.00 in attorney fees under 42 U.S.C. 406(b)(1). "[T]he Commissioner requests that the Court determine an appropriate fee for counsel's services." (Doc. #...
REPORT AND RECOMMENDATION STEPHANIE K. BOWMAN , Magistrate Judge . On September 21, 2018, the Court entered an order adopting the undersigned Report and Recommendations and granting defendant's motion for summary judgment, denying Plaintiff's motion for summary judgment and denying all remaining pending motions as moot. (Doc. 59). Plaintiff now seeks relief from judgment pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. (See Docs. 73, 81). Federal Rule of Civil Procedure 60(...
DECISION AND ENTRY WALTER H. RICE , District Judge . This matter came before the Court for hearing on November 21, 2019 before United States Magistrate Judge Sharon L. Ovington, who thereafter issued a Report and Recommendations. (Doc. #9). Having conducted a full colloquy with Defendant, the Magistrate Judge concluded that his plea of guilty is knowing, intelligent, and voluntary, and that there is an adequate factual basis for a finding him guilty as charged in the Information pending...
RECOMMITTAL ORDER WALTER H. RICE , District Judge . This habeas corpus case, brought pro se by petitioner Devin Garrett, is before the Court on Petitioner's Objections (ECF No. 20) to the Magistrate Judge's Report and Recommendations recommending dismissal of the Petition (ECF No. 19). The District Judge has preliminarily considered the Objections and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly, pursuant to Fed. R. Civ. P....
ORDER GRANTING DEFENDANT FURLOUGH FOR LIMITED PURPOSE WALTER H. RICE , District Judge . It is the order of this Court that Defendant be furloughed from the Shelby County Jail at 9:00 a.m. on Sunday, January 5, 2020 to be picked up by his sister, Cindy Walker, with whom he will stay. Cindy Walker's address is 5396 Middlebury Drive, Dayton, Ohio 45432 and her telephone number is 937-963-7890. Defendant is to be returned to the Shelby County Jail, not later than 5:00 p.m. on January 7, 2020....
DECISION AND ENTRY WALTER H. RICE , District Judge . This case is before the Court on the parties' Joint Motion for an Award of Attorney's Fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. (Doc. #20). Specifically, the parties stipulate to an award to Plaintiff of attorney fees in the amount of $4,406.00, and no costs in full satisfaction and settlement of any and all claims Plaintiff may have under the EAJA in the above case. Prior to Plaintiff filing an EAJA petition,...
DECISION AND ENTRY WALTER H. RICE , District Judge . This case is before the Court on the parties' Joint Stipulation for an Award of Attorney's Fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. (Doc. #17). Specifically, the parties stipulate to an award to Plaintiff of attorney fees in the amount of $6,200.00 in full satisfaction and settlement of any and all claims Plaintiff may have under the EAJA in the above case. The award of attorney fees will satisfy all of...
PRELIMINARY ORDER OF FORFEITURE WALTER H. RICE , District Judge . Upon the United States' Motion for Preliminary Order of Forfeiture and the Court's review of the evidence in the record, including the Plea Agreement, the Court HEREBY FINDS THAT: On November 13, 2018, the United States charged defendant Thomas Brad Saylor (hereinafter the "Defendant") in a one-count Information with Possession of Child Pornography-Visual Depiction Involved in Offense Involved Prepubescent Minors, in...
ENTRY REFERRING DEFENDANT TO THE FORENSIC PSYCHIATRY CENTER FOR WESTERN OHIO FOR PURPOSES OF A MENTAL STATUS EVALUATION, PURSUANT TO 18 U.S.C. 3552(c); PROCEDURES ORDERED OF COUNSEL WALTER H. RICE , District Judge . This Court, upon its own motion, pursuant to 18 U.S.C. 3552(c), refers Defendant herein to the Forensic Psychiatry Center for Western Ohio, for the purposes of a mental status evaluation. Accordingly, it is the request of this Court that counsel for the Defendant and the...
ORDER WALTER H. RICE , District Judge . This cause coming before the Court on the joint motion of the parties, due notice having been given, and the Court being fully advised, IT IS THEREFORE ORDERED THAT: 1. The Parties' Joint Stipulation for an Award of Attorney's Fees under the Equal Access to Justice Act is accepted and the Commissioner shall pay Plaintiff's attorney fees in the amount of $5,500.00 and costs in the amount of $0.00, for a total of $5,500.00; 2. Counsel for the...
DECISION AND ENTRY WALTER H. RICE , District Judge . This case is before the Court on the parties' Joint Motion for an Award of Attorney's Fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. (Doc. #15). Specifically, the parties stipulate to an award to Plaintiff of attorney fees in the amount of $3,100.00, and no costs, in full satisfaction and settlement of any and all claims Plaintiff may have under the EAJA in the above case. Prior to Plaintiff filing an EAJA...
ORDER GRANTING MOTION TO SEAL PLAINTIFF'S SUPPLEMENTAL PLEADINGS THOMAS M. ROSE , District Judge . Before the Court is the Motion of Plaintiff Johnson Electric North America, Inc. pursuant to S.D. Ohio Civ.R. Civ. R. 5.2.1 and this Court's May 20, 2019 Order (Doc. #10) to seal its Motion to File Supplemental Complaint and its Supplemental Complaint, which contain confidential, proprietary or other commercially sensitive information that is not publicly available and should not be publicly...
PROTECTIVE ORDER GOVERNING DISCOVERY THOMAS M. ROSE , District Judge . WHEREAS, the government will provide information and material to the defendants in the course of this case ("Discovery Information"), which may include interviews, reports, audio recordings, photographs, writings, or other discovery materials relating to the case; AND WHEREAS, the parties agree that the government has a compelling interest in preventing the Discovery Information from being disclosed to anyone not a...
ORDER AND ENTRY: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE (DOC. 25); (2) GRANTING DEFENDANTS' MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS (DOC. 19); AND (3) STAYING THESE PROCEEDINGS PENDING ARBITRATION THOMAS M. ROSE , District Judge . The Court has reviewed the Report and Recommendation of Magistrate Judge Michael J. Newman (Doc. 25), to whom this case was referred pursuant to 28 U.S.C. 636(b). The parties have not filed objections to the Report and...
ORDER: (1) APPROVING THE PARTIES' JOINT STIPULATION FOR AN AWARD OF ATTORNEY'S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT ("EAJA") (DOC. 21); AND (2) AWARDING PLAINTIFF $5,300.00 IN EAJA FEES THOMAS M. ROSE , District Judge . This Social Security disability benefits appeal is before the Court on the parties' joint stipulation in which they agree that Plaintiff should be awarded attorney's fees and costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412, in the amount of $5,...
OPINION AND ORDER SARAH D. MORRISON , District Judge . This matter is before the Court on Defendants Darren Stephens, Chase Pinkerman, Columbus Division of Police, and the City of Columbus' Partial Motion for Judgment on the Pleadings (ECF No. 13), Plaintiff DeShawn Harris' Memorandum Contra (ECF No. 16), and Defendants' Reply (ECF No. 17). For the reasons that follow, the Court GRANTS Defendants' Motion. I. BACKGROUND On June 17, 2017, Crystal Powell allegedly reported to Columbus...
ORDER AND ENTRY: (1) GRANTING DEFENDANTS' MOTION FOR LEAVE TO MANUALLY FILE EXHIBITS (DOCS. 166); (2) GRANTING PRO SE PLAINTIFF'S MOTION TO WITHDRAW HIS MOTION FOR RELIEF AGAINST DEFENDANTS (DOC. 168); (3) DENYING AS MOOT PLAINTIFF'S MOTION FOR RELIEF AGAINST DEFENDANTS (DOC. 167); (4) GRANTING PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME TO FILE A MEMORANDUM IN OPPOSITION TO DEFENDANTS' SECOND MOTION FOR SUMMARY JUDGMENT (DOC. 168); AND (5) GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE A...
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 16) TIMOTHY S. BLACK , District Judge . This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on November 12, 2019, submitted a Report and Recommendation. (Doc. 16). No objections were filed. As required by 28 U.S.C....
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 31) TIMOTHY S. BLACK , District Judge . This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Michael R. Merz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court, and on December 5, 2019, submitted a Report and Recommendation. (Doc. 31). No objections were filed. As required by 28 U.S.C. 636(...
REPORT AND RECOMMENDATIONS MICHAEL R. MERZ , Magistrate Judge . This habeas corpus case under 28 U.S.C. 2254 is before the Court for decision on the merits after dissolution of the stay entered to allow Simmons to exhaust available state court remedies (ECF No. 32) 1 on the Warden's Response to this Court's Order of June 5, 2007 (ECF No. 13). Relevant filings to be considered are the Petition (ECF No. 1), the State Court Record (ECF Nos. 5, 9, 12, and 33), the Warden's Return of Writ (...
