OPINION AND ORDER RONALD A. WHITE , District Judge . This matter is before the Court on Petitioner's petition for a writ of habeas corpus filed pursuant to 28 U.S.C. 2254. Petitioner is a pro se state prisoner in the custody of the Oklahoma Department of Corrections who currently is incarcerated at James Crabtree Correctional Center in Helena, Oklahoma. He is attacking his convictions and sentences in LeFlore County District Court Case No. CF-2010-21 for Child Sexual Abuse (Count 1) and...
ORDER PATRICK R. WYRICK , District Judge . Defendant Winston Hospitality, Inc. removed this case from state court on March 28, 2019 (Dkt. 2), more than one year after the date this action was commenced, February 23, 2018. 1 The Notice of Removal (Dkt. 2) argues that an exception to the 1-year deadline set forth in 28 U.S.C. 1446(c)(1) applies because a recently dismissed diversity-spoiling defendant, Southern Marketing Group, Inc., had been sued in bad faith. 2 Plaintiff Yolanda...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Robert E. Webber, Jr. was the prevailing party in this action under the Social Security Act. Plaintiff has now filed a Stipulated Motion for Award of Attorney Fees under the Equal Access to Justice Act [Docket No. 18], indicating that the parties have stipulated to an attorney's fee in the amount of $5,650.80. Upon review of the record herein, the Court finds that...
OPINION AND ORDER RONALD A. WHITE , District Judge . Plaintiff is a pro se prisoner in the custody of the Oklahoma Department of Corrections ("DOC") who is incarcerated at Cimarron Correctional Facility in Cushing, Oklahoma. He brings this action under the authority of 42 U.S.C. 1983, seeking relief for alleged constitutional violations during his incarceration at Davis Correctional Facility ("DCF") in Holdenville, Oklahoma. The defendants are Tiffany Ade, DCF Unit Manager; Mark Gentry,...
ORDER REMANDING CASE FOR FURTHER PROCEEDINGS RONALD A. WHITE , District Judge . On March 2, 2020, the United States Magistrate Judge entered a Report and Recommendation, recommending that the above-styled case be reversed and remanded for further proceedings [Docket No. 14]. The Magistrate Judge found that correct legal standards were not applied by the Administrative Law Judge and the decision of the Commissioner is therefore not supported by substantial evidence. The time for objection...
REPORT AND RECOMMENDATION STEVEN P. SHREDER , Magistrate Judge . The claimant Linda Kay Anderson requests judicial review of a denial of benefits by the Commissioner of the Social Security Administration pursuant to 42 U.S.C. 405(g). She appeals the Commissioner's decision and asserts the Administrative Law Judge ("ALJ") erred in determining she was not disabled. For the reasons set forth below, the decision of the Commissioner should be REVERSED and the case REMANDED for further...
ORDER REMANDING CASE FOR FURTHER PROCEEDINGS RONALD A. WHITE , District Judge . On March 2, 2020, the United States Magistrate Judge entered a Report and Recommendation, recommending that the above-styled case be reversed and remanded for further proceedings [Docket No. 17]. The Magistrate Judge found that correct legal standards were not applied by the Administrative Law Judge and the decision of the Commissioner is therefore not supported by substantial evidence. The time for objection...
REPORT AND RECOMMENDATION STEVEN P. SHREDER , Magistrate Judge . The claimant Kristi Ginn requests judicial review of a denial of benefits by the Commissioner of the Social Security Administration pursuant to 42 U.S.C. 405(g). She appeals the Commissioner's decision and asserts that the Administrative Law Judge ("ALJ") erred in determining she was not disabled. For the reasons set forth below, the Commissioner's decision should be REVERSED and the case REMANDED to the ALJ for further...
ORDER REMANDING CASE FOR FURTHER PROCEEDINGS RONALD A. WHITE , District Judge . On March 2, 2020, the United States Magistrate Judge entered a Report and Recommendation, recommending that the above-styled case be reversed and remanded for further proceedings [Docket No. 16]. The Magistrate Judge found that correct legal standards were not applied by the Administrative Law Judge and the decision of the Commissioner is therefore not supported by substantial evidence. The time for objection...
REPORT AND RECOMMENDATION STEVEN P. SHREDER , Magistrate Judge . The claimant Jennifer I. Tootle Henry requests judicial review of a denial of benefits by the Commissioner of the Social Security Administration pursuant to 42 U.S.C. 405(g). She appeals the Commissioner's decision and asserts that the Administrative Law Judge ("ALJ") erred in determining she was not disabled. For the reasons discussed below, the Commissioner's decision should be REVERSED and the case REMANDED to the ALJ...
ORDER REMANDING CASE FOR FURTHER PROCEEDINGS RONALD A. WHITE , District Judge . On March 2, 2020, the United States Magistrate Judge entered a Report and Recommendation, recommending that the above-styled case be reversed and remanded for further proceedings [Docket No. 17]. The Magistrate Judge found that correct legal standards were not applied by the Administrative Law Judge and the decision of the Commissioner is therefore not supported by substantial evidence. The time for objection...
REPORT AND RECOMMENDATION KIMBERLY E. WEST , Magistrate Judge . Plaintiff Melissa Brinker (the "Claimant") requests judicial review of the decision of the Commissioner of the Social Security Administration (the "Commissioner") denying Claimant's application for disability benefits under the Social Security Act. Claimant appeals the decision of the Administrative Law Judge ("ALJ") and asserts that the Commissioner erred because the ALJ incorrectly determined that Claimant was not disabled....
ORDER AFFIRMING DECISION OF THE COMMISSIONER RONALD A. WHITE , District Judge . On March 2, 2020, the United States Magistrate Judge entered a Report and Recommendation in the above-referenced case, recommending that this Court affirm the Commissioner's decision upholding on appeal the findings of the Administrative Law Judge ("ALJ"), denying benefits to Plaintiff [Docket No. 19]. No objection has been filed. Upon full consideration of the entire record and the issues herein, this court...
REPORT AND RECOMMENDATION STEVEN P. SHREDER , Magistrate Judge . The claimant Hope Yovonne Lewis requests judicial review pursuant to 42 U.S.C. 405(g) of the decision of the Commissioner of the Social Security Administration denying her application for benefits under the Social Security Act. She appeals the decision of the Commissioner and asserts that the Administrative Law Judge ("ALJ") erred in determining she was not disabled. For the reasons discussed below, the Commissioner's...
JUDGMENT STEVEN P. SHREDER , Magistrate Judge . In accordance with the Opinion and Order [Docket No. 15] entered contemporaneously herewith, remanding this action to the Defendant under the fourth sentence of 42 U.S.C. 405(g), the Court hereby renders judgment in favor of the Plaintiff and against the Defendant pursuant to Fed. R. Civ. P. 58(a). IT IS SO ORDERED. FootNotes 1. On June 4, 2019, Andrew M. Saul became the Commissioner of Social Security. In accordance with Fed. R. Civ....
OPINION AND ORDER STEVEN P. SHREDER , Magistrate Judge . The claimant Aaron Richard Parker requests judicial review of a denial of benefits by the Commissioner of the Social Security Administration pursuant to 42 U.S.C. 405(g). He appeals the Commissioner's decision and asserts the Administrative Law Judge ("ALJ") erred in determining he was not disabled. For the reasons set forth below, the Commissioner's decision is REVERSED and the case REMANDED to the ALJ for further proceedings....
ORDER REMANDING CASE FOR FURTHER PROCEEDINGS RONALD A. WHITE , District Judge . On March 2, 2020, the United States Magistrate Judge entered a Report and Recommendation, recommending that the above-styled case be reversed and remanded for further proceedings [Docket No.18]. The Magistrate Judge found that correct legal standards were not applied by the Administrative Law Judge and the decision of the Commissioner is therefore not supported by substantial evidence. The time for objection...
REPORT AND RECOMMENDATION STEVEN P. SHREDER , Magistrate Judge . The claimant Patricia Lynn McClure requests judicial review of a denial of benefits by the Commissioner of the Social Security Administration pursuant to 42 U.S.C. 405(g). She appeals the Commissioner's decision and asserts that the Administrative Law Judge ("ALJ") erred in determining that she was not disabled. As discussed below, the undersigned Magistrate Judge RECOMMENDS that the Commissioner's decision be REVERSED and...
OPINION AND ORDER RONALD A. WHITE , District Judge . This action is before the Court on Defendant Darrell Moore's motion to dismiss Mr. Moore from this action (Dkt. 191). Plaintiff is a pro se prisoner in the custody of the Oklahoma Department of Corrections who is incarcerated at Oklahoma State Penitentiary in McAlester, Oklahoma. Plaintiff's Allegations Plaintiff brought this action under the authority of 42 U.S.C. 1983, seeking relief for alleged constitutional violations during...
REPORT AND RECOMMENDATION STEVEN P. SHREDER , Magistrate Judge . The claimant Lonna Jo Mayo requests judicial review of a denial of benefits by the Commissioner of the Social Security Administration pursuant to 42 U.S.C. 405(g). She appeals the Commissioner's decision and asserts that the Administrative Law Judge ("ALJ") erred in determining she was not disabled. For the reasons discussed below, the Commissioner's decision should be AFFIRMED. Social Security Law and Standard of Review...
