ORDER H. BRUCE GUYTON , Magistrate Judge . For the reasons stated in the Memorandum Opinion entered contemporaneously herewith, Plaintiff's Motion for Summary Judgment [ Doc. 17 ] is DENIED, and the Commissioner's Motion for Summary Judgment [ Doc. 21 ] is GRANTED. The Commissioner's Motion to Stay [ Doc. 9 ] will be DENIED AS MOOT. The decision of the Commissioner is AFFIRMED. The Clerk of Court is DIRECTED to close this case. IT IS SO ORDERED. FootNotes 1. Andrew M. Saul...
MEMORANDUM OPINION H. BRUCE GUYTON , Magistrate Judge . This case is before the undersigned pursuant to 28 U.S.C. 636(b), Rule 73 of the Federal Rules of Civil Procedure, and the consent of the parties [Doc. 16]. Now before the Court are Plaintiff's Motion for Summary Judgment and Memorandum in Support [Docs. 17 & 18] and Defendant's Motion for Summary Judgment and Memorandum in Support [Docs. 21 & 22]. Debra A. Reese ("Plaintiff") seeks judicial review of the decision of the...
MEMORANDUM AND ORDER LEON JORDAN , District Judge . The defendant has pled guilty to conspiring to distribute methamphetamine and conspiring to commit money laundering. She will be sentenced on March 24, 2020. The United States Probation Office has prepared and disclosed its Presentence Investigation Report ("PSR") [doc. 50], to which the defendant has filed three objections. The United States has responded to those objections and the probation office has filed its PSR Addendum. [Docs....
MEMORANDUM AND ORDER LEON JORDAN , District Judge . The defendant has pled guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. 922(g)(1). He will be sentenced on March 26, 2020. The United States Probation Office has prepared and disclosed its Presentence Investigation Report ("PSR") [doc. 29], to which the defendant has filed four objections. [Doc. 32]. The United States has responded to those objections, and the probation office has issued its PSR Addendum. [...
MEMORANDUM OPINION AND ORDER ON OBJECTIONS TO REPORT AND RECOMMENDATION CLIFTON L. CORKER , District Judge . Pending before this Court is the Report and Recommendation from the Magistrate Judge [Doc. 40] recommending that the Court grant Defendant's Motion for Possession of the Property [Doc. 15]. Plaintiff has timely filed several objections to the Report and Recommendation. [Doc. 42]. Those are now before the Court. I. BACKGROUND This case involves a dispute over a Lease Agreement of a...
ORDER SUSAN K. LEE , Magistrate Judge . This is a prisoner's civil rights action for violation of 42 U.S.C. 1983 that was dismissed with prejudice on January 16, 2020, after Defendants successfully moved for summary judgment [Doc. 61]. Now before the Court is Plaintiff's timely motion for leave to appeal in forma pauperis from that dismissal [Doc. 64]. The inmate trust account information [Doc. 65] establishes that Plaintiff lacks the financial wherewithal to pay the appellate filing...
ORDER TRAVIS R. McDONOUGH , District Judge . Magistrate Judge Susan K. Lee filed a report and recommendation recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea as to Count One; (2) accept Defendant's guilty plea as to Count One; (3) adjudicate the Defendant guilty of Count One; (4) order that Defendant remain in custody until sentencing in this matter (Doc. 19). Neither party filed a timely objection to the report and recommendation. After reviewing...
REPORT AND RECOMMENDATION SUSAN K. LEE , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), I conducted a plea hearing in this case on February 11, 2020. At the hearing, defendant moved to withdraw his not guilty plea to Count One of the one-count Indictment and entered a plea of guilty to Count One of the Indictment. There is no plea agreement in this case. On the basis of the record made at the hearing, I find the defendant is fully capable and competent to enter an informed plea; the...
ORDER TRAVIS R. McDONOUGH , District Judge . Magistrate Judge Susan K. Lee filed a report and recommendation recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea as to Count Four of the four-count Superseding Indictment; (2) accept Defendant's guilty plea as to Count Four; (3) adjudicate the Defendant guilty of Count Four; (4) defer a decision on whether to accept the plea agreement until sentencing; and (5) order that Defendant remain in custody until...
REPORT AND RECOMMENDATION SUSAN K. LEE , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), I conducted a plea hearing in this case on February 19, 2020. At the hearing, defendant moved to withdraw his not guilty plea to Count Four of the four-count Superseding Indictment and entered a plea of guilty to Count Four of the Superseding Indictment, in exchange for the undertakings made by the government in the written plea agreement. On the basis of the record made at the hearing, I find the...
MEMORANDUM OPINION CHRISTOPHER H. STEGER , Magistrate Judge . Plaintiff Kellie McClintock seeks judicial review under 205(g) of the Social Security Act ("Act"), 42 U.S.C. 405(g), of the denial of her application for disability insurance benefits and supplemental security income under Titles II and XVI of the Act, 42 U.S.C. 401-34, 1381-83f, by the Commissioner of the Social Security Administration. [ See Doc. 1]. The parties consented to the entry of final judgment by the...
MEMORANDUM AND ORDER DEBRA C. POPLIN , Magistrate Judge . In accordance with the Federal Rules of Criminal Procedure and the applicable provisions of the Bail Reform Act, 18 U.S.C. 3148, Defendant Cheryl D. Broussard appeared before the undersigned on March 6, 2020 for a hearing on the Petition for Action on Conditions of Pretrial Release ("the Petition") [Doc. 30] that was issued on November 20, 2019—the second such Petition to be issued in this case. Assistant United States Attorney...
MEMORANDUM AND ORDER H. BRUCE GUYTON , Magistrate Judge . All pretrial motions in this case have been referred to the undersigned pursuant to 28 U.S.C. 636(b) for disposition or report and recommendation regarding disposition by the District Court as may be appropriate. This case came before the Court on March 11, 2020, for a motion hearing on defense counsel's Motion to Substitute Attorney [Doc. 24], filed on February 27, 2020. Assistant United States Attorney Brent Jones represented...
MEMORANDUM AND ORDER DEBRA C. POPLIN , Magistrate Judge . All pretrial motions in this case have been referred to the undersigned pursuant to 28 U.S.C. 636(b) for disposition or report and recommendation regarding disposition by the District Court as may be appropriate. The parties case came before the Court for a motion hearing on March 3, 2020 on Defendant Kevin Jones' Motion to Continue Trial [Doc. 274], filed on February 3, 2020. Assistant United States Attorney Frank Dale, Jr.,...
MEMORANDUM OPINION AND ORDER CLIFTON L. CORKER , District Judge . This matter is before the Court to address Defendant Grand Home Furnishing's ("Grand Home") Motion to Dismiss [Doc. 7] pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff Tatia Whitehead ("Whitehead") responded [Doc. 11]. Grand Home then replied [Doc. 15]. This matter is now ripe for resolution. I. BACKGROUND Whitehead began working for Grand Home as a sales associate in 2010. After succeeding in that position,...
MEMORANDUM OPINION TRAVIS R. McDONOUGH , District Judge . Petitioner Dalton Lister, proceeding pro se , has filed a petition for a writ of habeas corpus under 28 U.S.C. 2254, challenging the constitutionality of his detainment pursuant to his Bradley County convictions for first-degree felony murder, two counts of attempted aggravated robbery, and conspiracy to commit aggravated robbery (Doc. 1). After reviewing the parties' filings and the relevant state court record, the Court has...
REPORT AND RECOMMENDATION C. CLIFFORD SHIRLEY , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), I conducted an initial appearance and arraignment immediately followed by a plea hearing in this case on February 12, 2020. At the hearing, defendant waived his right to an indictment and entered a plea of guilty to Count One of the Information, that is, of being a felon in possession of a firearm, in violation of 18 U.S.C. 922(g)(1) and 924(a)(2), in accordance with the factual basis set...
ORDER PAMELA L. REEVES , Chief District Judge . Magistrate Judge C. Clifford Shirley filed a report and recommendation recommending the Court: (1) accept Defendant's plea of guilty to Count One of the Information, that is, of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. 922(g)(1); (2) adjudicate Defendant guilty of the charges set forth in Count One of the Information; and (3) find Defendant shall remain in custody until sentencing in this matter [...
REPORT AND RECOMMENDATION C. CLIFFORD SHIRLEY , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), I conducted an initial appearance and arraignment immediately followed by a plea hearing in this case on February 12, 2020. At the hearing, defendant waived his right to an indictment and entered a plea of guilty to Count One of the Information, that is, of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. 922(g)(1), in accordance with the factual basis...
ORDER PAMELA L. REEVES , Chief District Judge . Magistrate Judge C. Clifford Shirley filed a report and recommendation recommending the Court: (1) grant Defendant's motion to withdraw his not guilty plea to the charge set forth in the Indictment; (2) accept Defendant's plea of guilty to the charge set forth in the Indictment, that is, of knowingly possessing, in and affecting interstate commerce, a firearm and ammunition while also knowing that he had previously been convicted in a court...
