REPORT AND RECOMMENDATION SHIVA V. HODGES , Magistrate Judge . James Hamilton Spencer, III ("Petitioner"), proceeding pro se, is an inmate incarcerated at Federal Correctional Institution Butner Low ("FCI-Butner") in Butner, North Carolina. He filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. Pursuant to the provisions of 28 U.S.C. 636(b)(1)(B) and Local Civ. Rule 73.02(B)(2)(c) (D.S.C.), the undersigned is authorized to review such petitions for relief and...
REPORT AND RECOMMENDATION SHIVA V. HODGES , Magistrate Judge . James Hamilton Spencer, III ("Petitioner"), proceeding pro se, is an inmate incarcerated at Federal Correctional Institution Butner Low ("FCI-Butner") in Butner, North Carolina. He filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. Pursuant to the provisions of 28 U.S.C. 636(b)(1)(B) and Local Civ. Rule 73.02(B)(2)(c) (D.S.C.), the undersigned is authorized to review such petitions for relief and...
REPORT AND RECOMMENDATION SHIVA V. HODGES , Magistrate Judge . This appeal from a denial of social security benefits is before the court for a Report and Recommendation ("Report") pursuant to Local Civ. Rule 73.02(B)(2)(a) (D.S.C.). Plaintiff brought this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3) to obtain judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying her claim for Disability Insurance Benefits ("DIB") and Supplemental...
REPORT AND RECOMMENDATION MARY GORDON BAKER , Magistrate Judge . Plaintiff Terry Beaver ("Plaintiff"), brought this action pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. Section 405(g), to obtain judicial review of a final decision of the Commissioner of Social Security Administration regarding his claim for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") under the Social Security Act (the "Act"). This matter was referred to the...
REPORT AND RECOMMENDATION SHIVA V. HODGES , Magistrate Judge . This appeal from a denial of social security benefits is before the court for a Report and Recommendation ("Report") pursuant to Local Civ. Rule 73.02(B)(2)(a) (D.S.C.). Plaintiff brought this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3) to obtain judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying her claim for Disability Insurance Benefits ("DIB") and Supplemental...
REPORT AND RECOMMENDATION SHIVA V. HODGES , Magistrate Judge . This appeal from a denial of social security benefits is before the court for a Report and Recommendation ("Report") pursuant to Local Civ. Rule 73.02(B)(2)(a) (D.S.C.). Plaintiff brought this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3) to obtain judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying his claim for Disability Insurance Benefits ("DIB") and Supplemental...
REPORT AND RECOMMENDATION SHIVA V. HODGES , Magistrate Judge . This appeal from a denial of social security benefits is before the court for a Report and Recommendation ("Report") pursuant to Local Civ. Rule 73.02(B)(2)(a) (D.S.C.). Plaintiff brought this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3) to obtain judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying his claim for Disability Insurance Benefits ("DIB") and Supplemental...
REPORT AND RECOMMENDATION PAIGE J. GOSSETT , Magistrate Judge . The plaintiff, Sean Christopher Clemmons, a self-represented federal prisoner, filed this action against the defendants asserting a wide variety of alleged constitutional violations and federal tort claims while housed at three different federal institutions. 1 This matter was recommitted to the assigned magistrate judge to address the following claims against Defendants Bragg, Hicks, and Canada: (1) Clemmons's Bivens 2...
REPORT AND RECOMMENDATION KAYMANI D. WEST , Magistrate Judge . Plaintiff, proceeding pro se, brought this civil rights action under 42 U.S.C. 1983 alleging violations of his constitutional rights. This matter is before the court on the Defendants' Motion for Summary Judgment, filed July 18, 2018. ECF No. 63. As Plaintiff is proceeding pro se, the court entered a Roseboro 1 order on July 19, 2018, advising Plaintiff of the importance of such motions and the need for him to file an...
REPORT OF MAGISTRATE JUDGE . KEVIN F. McDONALD , Magistrate Judge . The plaintiff, a state prisoner proceeding pro se, brought this action alleging a claim of gross negligence. The complaint was construed as seeking relief pursuant to Title 42, United States Code 1983. Pursuant to the provisions of Title 28, United States Code, Section 636(b)(1)(B), and Local Civil Rule 73.02(B)(2)(d) (D.S.C.), this magistrate judge is authorized to review all pretrial matters in cases filed under...
ORDER AND REPORT AND RECOMMENDATION MARY GORDON BAKER , Magistrate Judge . Plaintiff Cheryl Carter ("Plaintiff") brought this action pursuant to Title 42, United States Code, Section 1981. (Dkt. No. 1.) This matter is before the Court upon Defendant's Amended Motion to Dismiss Plaintiff's Third Cause of Action and to Strike References in the Complaint to Title VII, Age, Sex, and Disability Discrimination (Dkt. No. 6), and Plaintiff's Motion to Amend/Correct Complaint (Dkt. No. 10)....
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE JACQUELYN D. AUSTIN , Magistrate Judge . This matter is before the Court for a Report and Recommendation pursuant to Local Civil Rule 73.02(B)(2)(a), D.S.C., and 28 U.S.C. 636. 1 Plaintiff brought this action pursuant to 42 U.S.C. 405(g) to obtain judicial review of a final decision of the Commissioner of Social Security ("the Commissioner"), denying Plaintiff's claim for disability insurance benefits ("DIB"). For the reasons set forth...
REPORT OF MAGISTRATE JUDGE KEVIN F. McDONALD , Magistrate Judge . This matter is before the court on the respondents' motion to dismiss or, in the alternative, motion for summary judgment (doc. 9). The petitioner, a federal prisoner proceeding pro se, seeks habeas corpus relief pursuant to Title 28, United States Code, Section 2241. Pursuant to the provisions of Title 28, United States Code, Section 636(b)(1)(B), and Local Civil Rule 73.02(B)(2)(c) (D.S.C.), this magistrate judge is...
REPORT OF MAGISTRATE JUDGE KEVIN F. McDONALD , Magistrate Judge . This case is before the court for a report and recommendation pursuant to Local Civil Rule 73.02(B)(2)(a)(D.S.C.), concerning the disposition of Social Security cases in this District, and Title 28, United States Code, Section 636(b)(1)(B). 1 The plaintiff brought this action pursuant to Section 205(g) of the Social Security Act, as amended (42 U.S.C. 405(g)) to obtain judicial review of a final decision of the...
REPORT OF MAGISTRATE JUDGE KEVIN F. McDONALD , Magistrate Judge . This case is before the court for a report and recommendation pursuant to Local Civil Rule 73.02(B)(2)(a)(D.S.C.), concerning the disposition of Social Security cases in this District, and Title 28, United States Code, Section 636(b)(1)(B). 1 The plaintiff brought this action pursuant to Sections 205(g) and 1631(c)(3) of the Social Security Act, as amended (42 U.S.C. 405(g) and 1383(c)(3)), to obtain judicial review of a...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE JACQUELYN D. AUSTIN , Magistrate Judge . This matter is before the Court for a Report and Recommendation pursuant to Local Civil Rule 73.02(B)(2)(a), D.S.C., and 28 U.S.C. 636(b)(1)(B). 1 Plaintiff brought this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3) to obtain judicial review of a final decision of the Commissioner of Social Security ("the Commissioner"), denying Plaintiff's claim for supplemental security income ("SSI"). 2...
REPORT AND RECOMMENDATION PAIGE J. GOSSETT , Magistrate Judge . This social security matter is before the court for a Report and Recommendation pursuant to Local Civil Rule 83.VII.02 (D.S.C.). The plaintiff, Sheronda L. Parker, brought this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3) to obtain judicial review of a final decision of the defendant, Acting Commissioner of Social Security ("Commissioner"), denying her claims for Disability Insurance Benefits ("DIB") and Supplemental...
ORDER RICHARD MARK GERGEL , District Judge . Plaintiff brought this action pro se pursuant to 42 U.S.C. 405(g) to obtain relief from the final decision of the Commissioner of the Social Security Administration denying her disability insurance benefits ("DIB"). In accordance with 28 U.S.C. 636(b) and Local Civil Rule 73.02 DSC, this matter was referred to a United States Magistrate Judge for pretrial handling. The Magistrate Judge issued a Report and Recommendation ("R & R") on...
ORDER AND OPINION RICHARD M. GERGEL , District Judge . This matter is before the Court on Third-Party Defendant Southern Roof and Wood Care Corporation's ("Southern Roof") motion to compel (Dkt. No. 170). For the reasons set forth below, the Court grants the motion. I. Background Defendant Chapman Coyle Chapman & Associates Architects, AIA was responsible for the design and oversight of the construction of amenity facilities for Plaintiff Hampton Hall LLC, including a golf clubhouse,...
ORDER AND OPINION RICHARD MARK GERGEL , District Judge . Before the Court is the report and recommendation ("R & R") of the Magistrate Judge (Dkt. No. 32) recommending that Petitioner's motion (Dkt. No. 29), construed as a motion for preliminary injunction, be denied. For the reasons set forth below, the Court adopts the R & R as the Order of the Court and denies Petitioner's motion. I. Background Petitioner is an incarcerated person at Broad River Correctional Institution in...
