REPORT AND RECOMMENDATION C. CLIFFORD SHIRLEY, Jr. , Magistrate Judge . This case is before the undersigned pursuant to 28 U.S.C. 636(b), Rule 72(b) of the Federal Rules of Civil Procedure, and the Rules of this Court for a report and recommendation regarding disposition by the District Court of Plaintiff's Motion for Judgment on the Pleadings and Memorandum in Support [Docs. 14 & 15] and Defendant's Motion for Summary Judgment and Memorandum in Support [Docs. 16 & 17]. Teresa A. Large (...
REPORT AND RECOMMENDATION C. CLIFFORD SHIRLEY, Jr. , Magistrate Judge . This case is before the undersigned pursuant to 28 U.S.C. 636(b), Rule 72(b) of the Federal Rules of Civil Procedure, and the Rules of this Court for a report and recommendation regarding disposition by the District Court of Plaintiff's Motion for Judgment on the Pleadings and Memorandum in Support [Docs. 22 & 23] and Defendant's Motion for Summary Judgment and Memorandum in Support [Docs. 24 & 25]. Bobby G. Ricker (...
AGREED ORDER OF REVOCATION THOMAS A. VARLAN , District Judge . A Petition for Revocation of Supervised Release has been filed against the defendant, Daniel Porter, and the defendant admits that he has violated his supervised release as specified in violation numbers 1-2 in the petition. An agreement has been reached between the parties, recommending that Mr. Porter's supervised release should be revoked and that he should receive a sentence of one (1) month incarceration with thirty (30)...
REPORT AND RECOMMENDATION SUSAN K. LEE , Magistrate Judge . Plaintiff Richard Franklin Myers ("Plaintiff") brought this action pursuant to 42 U.S.C. 405(g) seeking judicial review of the final decision of the Commissioner of Social Security ("Commissioner" or "Defendant") denying his disability insurance benefits ("DIB") and supplemental security income ("SSI"). Each party moved for summary judgment [Doc. 16, 19], and this matter is now ripe. For the reasons stated below, I RECOMMEND...
REPORT AND RECOMMENDATION H BRUCE GUYTON , Magistrate Judge . This case is before the undersigned pursuant to 28 U.S.C. 636, the Rules of this Court, and the referral of the Chief District Judge. Now before the Court is a Motion to Compel Compliance [Doc. 1603], filed by Patricia Ross, as personal representative of the Estate of Dale M. Ross (hereinafter "Estate"), on August 12, 2015. Therein, the Estate moves the Court to order the Receiver to pay net proceeds of any sale in which the...
REPORT AND RECOMMENDATION H BRUCE GUYTON , Magistrate Judge . This case is before the undersigned pursuant to 28 U.S.C. 636, the Rules of this Court, and the referral of the Chief District Judge. Now before the Court is the Receiver's Final Report, Accounting and Petition for Order Approving Termination of Receivership and Approval of Final Report Including Receiver's and Attorneys' Fees and Expenses, Discharge of Receiver, Exoneration of Bond, and Distribution of Receivership Assets [...
REPORT AND RECOMMENDATION C. CLIFFORD SHIRLEY, Jr. , 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 is now before the Court on a Petition for Writ of Habeas Corpus [Doc. 170], filed and amended [Doc. 171] 1 by Samer G. Bakri, on August 13, 2015. Bakri seeks the dismissal of his criminal case,...
MEMORANDUM AND ORDER SUSAN K. LEE , Magistrate Judge . RODNELL HAMBRIGHT ("Defendant") appeared for a hearing on December 30, 2015, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure on the Petition for a Warrant or Summons for an Offender Under Supervision ("Petition"). Defendant was placed under oath and informed of his constitutional rights. It was determined that Defendant wished to be represented by an attorney and he qualified for appointed counsel. Federal...
ORDER THOMAS A. VARLAN , Chief District Judge . This Social Security appeal is before the Court on the Report and Recommendation entered by United States Magistrate Judge C. Clifford Shirley, Jr. on December 8, 2015 [Doc. 16]. There have been no timely objections to the Report and Recommendation and enough time has passed since the filing of the Report and Recommendation to treat any objections as having been waived. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b). In the Report and...
REPORT AND RECOMMENDATION C. CLIFFORD SHIRLEY, Jr. , Magistrate Judge . This case is before the undersigned pursuant to 28 U.S.C. 636(b), Rule 72(b) of the Federal Rules of Civil Procedure, and the Rules of this Court for a report and recommendation regarding disposition by the District Court of Plaintiff's Motion for Judgment on the Pleadings and Memorandum in Support [Docs. 11 and 12] and Defendant's Motion for Summary Judgment and Memorandum in Support [Docs. 14 and 15]. Kandy...
ORDER SUSAN K. LEE , Magistrate Judge . Before the Court is a motion seeking Court approval of a settlement involving a minor filed by Defendant Donna Fernandes ("Defendant Fernandes"), the mother and guardian of the minor, Defendant A.F. (the "Minor Defendant") [Doc. 21]. The parties have presented a copy of the signed Settlement Agreement and Release to the Court. A hearing was held on December 18, 2015, to determine whether the parties' proposed settlement of this matter is in the...
ORDER TRAVIS R. McDONOUGH , District Judge . On December 15, 2015, Magistrate Judge Christopher H. Steger filed a Report and Recommendation recommending (a) the Court accept Defendant's plea of guilty to Counts One through Four of the Indictment; (b) the Court adjudicate Defendant guilty of the charges set forth in Counts One through Four of the Indictment; and (c) Defendant remain in custody pending sentencing in this matter (Doc. 21). Neither party filed an objection within the given...
REEVES/STEGER CHRISTOPHER H. STEGER , Magistrate Judge . REPORT AND RECOMMENDATION Pursuant to 28 U.S.C. 636(b), I conducted a plea hearing in this case on December 15, 2015. At the hearing, defendant entered a plea of guilty to Counts One through Four of the Indictment. There is no plea agreement in this case. On the basis of the record made at the hearing, I find that the defendant is fully capable and competent to enter an informed plea; that the plea is made knowingly and with full...
MEMORANDUM OPINION CURTIS L. COLLIER , District Judge . Before the Court is Petitioner's pro se motion to vacate, set aside, or correct her sentence pursuant to 28 U.S.C. 2255 [Doc. 108]. Petitioner bases her request for relief on the recent United States Supreme Court case Johnson v. United States, 135 S.Ct. 2551 (2015), in which the Court held that the residual clause of the Armed Career Criminal Act (ACCA) was unconstitutionally vague [ id. ]. Respondent agrees Petitioner is...
ORDER HARRY S. MATTICE, Jr. , District Judge . Magistrate Judge Susan K. Lee filed a report and recommendation recommending the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Counts One and Five of the five-count Indictment; (2) accept Defendant's plea of guilty to Counts One and Five of the Indictment; (3) adjudicate Defendant guilty of the charges set forth in Counts One and Five of the Indictment; (4) defer a decision on whether to accept the plea agreement...
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 December 2, 2015. At the hearing, defendant moved to withdraw his not guilty plea to Counts One and Five of the five-count Indictment and entered a plea of guilty to Counts One and Five of the 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...
TEMPORARY RESTRAINING ORDER THOMAS A. VARLAN , Chief District Judge . This matter is before the Court on plaintiff Eugenio Garduno Guevara's Verified Petition for Return of Child to Mexico and for Immediate Issuance of Show Cause Order to Respondent [Doc. 1]. In this motion, plaintiff requests the Court to issue an immediate order prohibiting his child from being removed from this Court's jurisdiction, pending a full evidentiary hearing on plaintiff's petition [ Id. 30-34]. Plaintiff...
MEMORANDUM AND ORDER LEON JORDAN , District Judge . This criminal case is before the court on the defendant's motion for sentence reduction. [Doc. 66]. Through counsel, the defendant asks the court to reduce his sentence pursuant to 18 U.S.C. 3582(c)(2) and in accordance with Amendments 782 and 788 to the United States Sentencing Guidelines Manual ("U.S.S.G."). The government has responded [doc. 67], deferring to the court's discretion whether and to what extent to grant any such...
ORDER HARRY S. MATTICE, Jr. , District Judge . Magistrate Judge Susan K. Lee filed a report and recommendation recommending the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Counts One and Two of the two-count Indictment; (2) accept Defendant's plea of guilty to Counts One and Two of the Indictment; (3) adjudicate Defendant guilty of the charges set forth in Counts One and Two of the Indictment; and (4) find Defendant shall remain in custody until sentencing in...
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 December 2, 2015. At the hearing, defendant moved to withdraw his not guilty plea to Counts One and Two of the two-count Indictment and entered a plea of guilty to Counts One and Two 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...
