REPORT AND RECOMMENDATION SHON T. ERWIN , Magistrate Judge . Plaintiff Damea Shandale Tenison, a state inmate appearing pro se and in forma pauperis, brings this action under: (1) 42 U.S.C. 1983, and (2) the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) alleging violations of his constitutional rights. (ECF No. 13). United States District Judge Robin J. Cauthron has referred this matter to the undersigned magistrate judge for initial proceedings consistent...
REPORT AND RECOMMENDATION BERNARD M. JONES , Magistrate Judge . Before the Court is Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs [Doc. No. 2]. This matter has been assigned pursuant to In re: Social Security Cases, GO 16-4 (W.D. Okla.) (eff. Jan. 1, 2017). Plaintiff is required to pay a fee of $400.00 to commence his civil action. 1 Pursuant to 28 U.S.C. 1915(a), however, a district court has discretion to permit the commencement of an action...
MEMORANDUM OPINION AND ORDER SHON T. ERWIN , Magistrate Judge . Plaintiff brings this action pursuant to 42 U.S.C. 405(g) for judicial review of the final decision of the Commissioner of the Social Security Administration denying Plaintiff's application for supplemental security income under the Social Security Act. The Commissioner has answered and filed a transcript of the administrative record (hereinafter TR. ____). The parties have consented to jurisdiction over this matter by a...
ORDER TIMOTHY D. DEGIUSTI , District Judge . On December 17, 2018, the Court issued its Order to Show Cause directing Plaintiffs either to pursue this action against the only remaining defendants, Turn Key Health Clinics, LLC and ESW Correctional Healthcare, or to show why the action should not be dismissed. Plaintiffs have made no timely response. Upon consideration, the Court finds that this action should be dismissed for lack of prosecution, pursuant to Fed. R. Civ. P. 41(b) and the...
ORDER TIMOTHY D. DeGIUSTI , District Judge . Plaintiff Lamorris Raine brought this action for judicial review of the Commissioner of Social Security's final decision that he is not "disabled" under the terms of the Social Security Act. See 42 U.S.C. 405(g). The matter was referred to United States Magistrate Judge Suzanne Mitchell pursuant to 28 U.S.C. 636(b)(1)(B), (b)(3), and Fed. R. Civ. P. 72(b). On November 28, 2018, Judge Suzanne Mitchell issued her Report and Recommendation [...
REPORT AND RECOMMENDATION SUZANNE MITCHELL , Magistrate Judge . Lamorris Raine (Plaintiff) brings this action for judicial review of the Commissioner of Social Security's final decision that he was not "disabled" under the terms of the Social Security Act. See 42 U.S.C. 405(g), 1382c. United States District Judge Timothy D. DeGiusti has referred the matter to the undersigned Magistrate Judge for proceedings consistent with 28 U.S.C. 636(b)(1)(B), (b)(3) and Fed. R. Civ. P. 72(b)....
ORDER GRANTING DEFENDANT'S SECOND UNOPPOSED MOTION TO CONTINUE JURY TRIAL AND EXTEND TIME WITHIN WHICH TO FILE PRETRIAL MOTIONS AND NOTICES TIMOTHY D. DeGIUSTI , District Judge . Before the Court is Defendant's Second Unopposed Motion to Continue Jury Trial and Extend Time Within Which to File Pretrial Motions and Notices [Doc. No. 22]. Defendant requests that the trial scheduled for January 8, 2019, be continued to the February 2019 jury trial docket, and that the deadline for pretrial...
ORDER TIMOTHY D. DeGIUSTI , District Judge . Before the Court for consideration are Plaintiff's Motion in Limine [Doc. No. 42] and Defendant's Motion in Limine [Doc. No. 51], which are fully briefed and at issue. 1 Plaintiff claims that Defendant terminated his 30-year employment in its utilities department in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 101 et seq. The factual and procedural background of the case appears in the Order of August 15, 2018 [...
ORDER JOE HEATON , District Judge . Intervenor Cantu Services Inc. has moved for partial summary judgment on its claims against defendant Robert L. Brown Jr. Defendant Brown, now proceeding pro se after his prior counsel withdrew, has belatedly filed a response to the motion. The court concludes the motion should be granted in part and denied in part. This case initially involved only a dispute between plaintiff Blackstone Consulting Incorporated ("BCI") and defendants R&R Food...
ORDER CHARLES B. GOODWIN , District Judge . Now before the Court are various motions filed by Plaintiff Pao Xiong. The Court considers these in turn. First, in Plaintiff's Motion Requesting a Jury Trial Pursuant to Federal Rules of Civil Procedure Rule 38(b) for All the Claims in CIV-17-873-G (Doc. No. 74), Plaintiff notifies the Defendants of his demand for a jury trial. The Court ACCEPTS the notice as timely and NOTES for the record that Plaintiff has demanded a jury trial as to all...
ORDER JOE HEATON , District Judge . Defendant/Petitioner Florentino Villanueva, Jr., has filed a motion pursuant to 28 U.S.C. 2255 seeking to vacate, set aside or correct his sentence. In 2013, defendant pled guilty to being a felon in possession of a firearm. His criminal history included previous Oklahoma convictions for unlawful distribution of marijuana, robbery, assault and battery on a police officer, and using a vehicle to intentionally discharge a firearm. Based on the first...
ORDER STEPHEN P. FRIOT , District Judge . On November 9, 2018, United States Magistrate Judge Bernard M. Jones issued a Report and Recommendation, recommending that the pending motion to dismiss be denied. Doc. no. 9. On November 29, 2018, the court granted the Federal Bureau of Prisons and the United States of America a 30-day extension or until December 31, 2018, in which to file an objection to the Report and Recommendation. Doc. no. 11. The court is in receipt of Respondent's Notice...
ORDER TIMOTHY D. DeGIUSTI , District Judge . Before the Court is Defendant's Motion to Stay [Doc. No. 61], which invokes the federal abstention doctrine of Colorado River Water Conservation District v. United States, 424 U.S. 800 (1976), to delay a jury trial set on the Court's January 8, 2019 docket pending the completion of a state court appeal. Plaintiff has timely opposed the Motion, which is fully briefed. 1 This case concerns Plaintiff Robert Forrest Green, Sr.'s claim that...
ORDER CHARLES B. GOODWIN , District Judge . This matter comes before the Court on Respondent Joe Allbaugh's Objection to the September 4, 2018 Second Report and Recommendation of United States Magistrate Judge Bernard M. Jones. See Resp't's Obj. (Doc. No. 22). BACKGROUND 1. State Court Proceedings Petitioner Tashwan R. Wilson was charged by Information filed on April 4, 2006, in the District Court of Oklahoma County, Oklahoma, with one count of Manufacturing a Controlled Dangerous...
ORDER SCOTT L. PALK , District Judge . Before the Court is the Report and Recommendation of United States Magistrate Bernard M. Jones entered December 3, 2018 [Doc. No. 22]. No objection to the Report and Recommendation has been filed nor has an extension of time in which to object been sought or granted. Therefore, the Report and Recommendation of the Magistrate Judge is ADOPTED in its entirety. Plaintiff's Application for Award of Attorney Fees under the Equal Access to Justice Act [Doc....
REPORT AND RECOMMENDATION BERNARD M. JONES , Magistrate Judge . Now before the Court is Plaintiff Lynlee Michele Rowden's Application for Award of Attorney's Fees Under the Equal Access to Justice Act (EAJA) [Doc. No. 19]. The matter has been re-referred by United States District Judge Scott L. Palk for proposed findings and recommendations regarding Plaintiff's Application. See 28 U.S.C. 636(b)(1)(B), and (C). For the reasons set forth below, it is recommended that Plaintiff's...
ORDER CHARLES B. GOODWIN , Magistrate Judge . Now before the Court is Plaintiff Jennifer Vesper's Motion to Remand to State Court (Doc. No. 60). Defendant Independent School District No. 89 of Oklahoma City (hereinafter, "the District") and Defendants Aurora Lora, Eduardo Sindaco, and Janis Perrault, who are sued in their individual capacities (hereinafter, collectively, the "Individual Defendants"), have responded in opposition (Doc. No. 64), and Vesper has filed a reply in support of...
ORDER TIMOTHY D. DeGIUSTI , District Judge . This matter is before the Court for review of the Supplemental Report and Recommendation [Doc. No. 52] issued by United States Magistrate Judge Gary M. Purcell pursuant to 28 U.S.C. 636(b)(1)(B). Judge Purcell recommends that Defendants' Motion for Summary Judgment [Doc. No. 40] be granted as to all of Plaintiff's claims for failure to exhaust his administrative remedies pursuant to the Prison Litigation Reform Act (PLRA), and that Plaintiff'...
ORDER DAVID L. RUSSELL , District Judge . Before this Court is the Report and Recommendation of United States Magistrate Judge Bernard M. Jones entered November 29, 2018. Doc. 20. Plaintiff has not filed a timely objection to the Report and Recommendation nor sought an extension of time in which to object. Therefore, Judge Jones's Report and Recommendation is ADOPTED in its entirety and the decision of the Commissioner is AFFIRMED. Judgment shall be entered accordingly. IT IS SO ORDERED.
REPORT AND RECOMMENDATION BERNARD M. JONES , Magistrate Judge . Plaintiff, Michael Milacek, seeks judicial review of the Social Security Administration's denial of supplemental security income (SSI). This matter has been referred by United States District Judge David L. Russell for proposed findings and recommendations. See 28 U.S.C. 636(b)(1)(B) and (C). The Commissioner has filed the Administrative Record (AR) [Doc. No. 13], and both parties have briefed their respective positions....
