REPORT AND RECOMMENDATION SUZANNE MITCHELL , Magistrate Judge . Jessie Mayfield (Plaintiff) brings this action for judicial review of the Commissioner of Social Security's final decision that he was not "disabled" under the Social Security Act. See 42 U.S.C. 405(g), 423(d)(1)(A). United States District Judge Scott L. Palk has referred the matter to the undersigned Magistrate Judge for proceedings consistent with 28 U.S.C. 636(b)(1)(B), 636(b)(3). Doc. 16. Plaintiff maintains the...
REPORT AND RECOMMENDATION BERNARD M. JONES , Magistrate Judge . Plaintiff, Laura Tapia, seeks judicial review of the Social Security Administration's denial of her applications for disability insurance benefits (DIB) and supplemental security income (SSI). United States District Judge Charles Goodwin has referred the matter for proposed findings and recommendations. See 28 U.S.C. 636(b)(1)(B), 636(B)(3); Fed. R. Civ. P. 72(b). The Commissioner has filed the Administrative Record (AR)...
REPORT AND RECOMMENDATION GARY M. PURCELL , Magistrate Judge . Plaintiff seeks judicial review pursuant to 42 U.S.C. 405(g) of the final decision of Defendant Commissioner denying her application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. 423. Defendant has answered the Complaint and filed the administrative record (hereinafter AR___), and the parties have briefed the issues. The matter has been referred to the undersigned Magistrate Judge...
ORDER STEPHEN P. FRIOT , District Judge . Plaintiff, Russell McLeod, commenced this action seeking judicial review of the Commissioner's final decision that he was not "disabled" under the Social Security Act. See, 42 U.S.C. 405(g), 423(d)(1)(A). In accordance with General Order 16-4, the matter was referred to United States Magistrate Judge Suzanne Mitchell for hearing, if necessary, and submission of findings and recommendations pursuant to 28 U.S.C. 636(b)(1)(B), 636(b)(3), and...
ORDER TIMOTHY D. DeGIUSTI , District Judge . Defendants David Misak and Todd Thurman bring before the Court a Partial Motion to Dismiss [Doc. No. 38] seeking the dismissal of Count VI of Plaintiff's Fourth Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(6). Plaintiff, appearing pro se, has filed a Response in Opposition [Doc. No. 39]. The matter is now at issue. 1 BACKGROUND The facts of the present case are set forth in the Court's previous Order [Doc. No. 33] granting in part...
ORDER TIMOTHY D. DeGIUSTI , District Judge . This matter comes before the Court for review of the Report and Recommendation [Doc. No. 16] issued by United States Magistrate Judge Gary M. Purcell pursuant to 28 U.S.C. 636(b)(1)(B) and (C). Judge Purcell recommends that the Amended Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254 be denied. Petitioner, who is represented by counsel, has filed a timely Objection [Doc. No. 17]. Thus, the Court must make a de novo...
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 applications for benefits 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 United States...
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 benefits 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 United States...
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 benefits 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 United States...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER TIMOTHY D. DeGIUSTI , District Judge . Before the Court is Defendant's Motion for Jackson v. Denno 1 Hearing and Motion to Suppress Defendant's Statement to Law Enforcement [Doc. No. 19]. Defendant Eagle Soldier Frank Lewis seeks to suppress evidence of statements he made to a special agent of the Bureau of Indian Affairs (BIA) during a four-hour interview conducted while Defendant was in custody of the Elk City Police Department. The...
ORDER TIMOTHY D. DeGIUSTI , Chief District Judge . Plaintiff Robert Ryland filed this action seeking to recover benefits to which he claims he is entitled under his health insurance policy. Plaintiff seeks recovery under the Employment Retirement Income Security Act of 1974 ("ERISA") 29 U.S.C. 1001 et seq. He has raised specific claims for wrongful denial of benefits and breach of fiduciary duty. Defendant, Plaintiff's insurer, has filed a Partial Motion to Dismiss [Doc. No. 18] as to...
MEMORANDUM OPINION AND ORDER SUZANNE MITCHELL , Magistrate Judge . Susan M. Smith (Plaintiff), appearing pro se, brings this action for judicial review of the Commissioner of Social Security's final decision that she was not "disabled" under the Social Security Act. See 42 U.S.C. 405(g), 423(d)(1)(A). The parties have consented to the undersigned Magistrate Judge for proceedings consistent with 28 U.S.C. 636(b)(1)(B) and (C). See Docs. 17, 21. After careful review of the record (...
ORDER TIMOTHY D. DeGIUSTI , Chief District Judge . Currently pending before the Court for resolution is an outstanding issue raised by Plaintiff's Motion to Compel Discovery and Brief in Support [Doc. No. 43], regarding Defendant's failure to produce unredacted documents from its insurance claim file, based on claims of privilege for attorney-client communications and attorney work product. After a ruling by the Court [Doc. No. 98], Defendant submitted the documents at issue for in...
ORDER PATRICK R. WYRICK , District Judge . Petitioner Kenneth Pope, an American permanently residing in Brazil, filed a Verified Petition (Dkt. 1) in this Court on December 2, 2019, seeking a court order requiring that his estranged wife, Respondent Lauren Lunday, "return" their newborn twin children to Brazil. 1 Pope makes this request pursuant to the International Child Abduction Remedies Act, 22 U.S.C. 9001-9011 et seq., claiming that the newborns are being wrongfully retained in...
ORDER JOE HEATON , District Judge . Petitioner Roy L. Bowman, appearing by counsel, filed this action pursuant to 28 U.S.C. 2254, challenging his conviction for murder in the second degree in the District Court of Comanche County, Oklahoma. Pursuant to 28 U.S.C. 636(b)(1)(B) and (C), the matter was referred to Magistrate Judge Gary M. Purcell for initial proceedings. Defendant filed a motion to dismiss the petition to which petitioner has responded. Judge Purcell has issued a Report...
REPORT AND RECOMMENDATION GARY M. PURCELL , Magistrate Judge . Petitioner, a state prisoner appearing pro se, filed an application for habeas corpus relief pursuant to 28 U.S.C. 2254, challenging his conviction for murder in the second degree in the District Court of Comanche County, Case No. CF-1976-202. Respondent has filed a Motion to Dismiss arguing, inter alia, the Petition should be dismissed as second and successive. The matter has been referred to the undersigned Magistrate...
MEMORANDUM OPINION AND ORDER SUZANNE MITCHELL , Magistrate Judge . Lynetta D. McGregor (Plaintiff) brings this action for judicial review of the Commissioner of Social Security's final decision that she was not "disabled" under the Social Security Act. See 42 U.S.C. 405(g), 423(d)(1)(A). The parties have consented under 28 U.S.C. 636(c) to proceed before a United States Magistrate Judge. Docs. 9, 13. 1 Plaintiff argues substantial evidence does not support the jobs the ALJ...
ORDER AWARDING ATTORNEY FEES TIMOTHY D. DeGIUSTI , Chief District Judge . Before the Court for consideration is Plaintiff's Motion for Award of Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d) [Doc. No. 25]. Plaintiff seeks an award of fees in the amount of $7,530.00 to compensate her attorney for legal services provided in the case (33.4 hours of attorney time and 3.2 hours of paralegal time), and costs of $400.00 for the filing fee. Plaintiff is the...
ORDER DAVID L. RUSSELL , District Judge . Before the Court is defendant Zachary Shaw's amended motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255 (Doc.No. 187). 1 Section 2255 provides that "[a] prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States ... may move the court which imposed the sentence to...
ORDER STEPHEN P. FRIOT , District Judge . On November 20, 2019, the court entered an order (doc. no. 20) directing plaintiff, Piper Ford, to secure an entry of appearance by new counsel or enter an appearance pro se on or before December 19, 2019. The court advised that failure to comply may result in an order from the court as is just, which may include a dismissal of plaintiff's action against defendant, American Truck Training, Inc., without prejudice. The record reflects that...
