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 20, 2017. At the hearing, defendant moved to withdraw her 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...
REPORT & RECOMMENDATION SUSAN K. LEE , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), I conducted a plea hearing in this case on December 20, 2017. At the hearing, defendant moved to withdraw his not guilty plea to Count One of the four-count Indictment and entered a plea of guilty to Count One 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 defendant is fully capable...
REPORT AND RECOMMENDATION CLIFTON L. CORKER , Magistrate Judge . This matter is before the United States Magistrate Judge under the standing orders of the Court and 28 U.S.C. 636 for a report and recommendation. Plaintiff's Disability Insurance Benefits application under the Social Security Act, Title II (the "Act") was denied after a hearing before an Administrative Law Judge ("ALJ"). This action is for judicial review of the Commissioner's final decision per 42 U.S.C. 405(g)....
ORDER HARRY S. MATTICE, JR. , District Judge . U.S. Magistrate Judge Christopher H. Steger filed a report and recommendation [Doc. 30] recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Count One of the two count Indictment; (2) accept Defendant's guilty plea to Count One of the two count Indictment; (3) adjudicate Defendant guilty of Transportation of Child Pornography, in violation of 18 United States Code 2552A(a)(1) and (2); and (4) order...
REPORT AND RECOMMENDATION CHRISTOPHER H. STEGER , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), the undersigned United States Magistrate Judge conducted a plea hearing in this case on December 14, 2017. At the hearing, Defendant entered a plea of guilty to Count One of the two count Indictment. On the basis of the record made at the hearing, the Court finds that Defendant is fully competent and capable of entering an informed plea; the plea is made knowingly and with full...
ORDER CURTIS L. COLLIER , District Judge . United States Magistrate Judge Christopher H. Steger filed a report and recommendation (Doc. 20) recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea as to Count One of the one-count Indictment; (2) accept Defendant's guilty plea as to Count One of the one-count Indictment; (3) adjudicate Defendant guilty of knowingly possessing a firearm after having been convicted of a felony in violation of Title 18 United...
REPORT AND RECOMMENDATION CHRISTOPHER H. STEGER , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), the undersigned United States Magistrate Judge conducted a plea hearing in this case on December 8, 2017. At the hearing, Defendant entered a plea of guilty to Count One of the one count Indictment. On the basis of the record made at the hearing, the Court finds that Defendant is fully competent and capable of entering an informed plea; the plea is made knowingly and with full...
REPORT AND RECOMMENDATION CHRISTOPHER H. STEGER , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), the undersigned United States Magistrate Judge conducted a plea hearing in this case on December 1, 2017. At the hearing, Defendant entered a plea of guilty to Count One of the one count Indictment. On the basis of the record made at the hearing, the Court finds that Defendant is fully competent and capable of entering an informed plea; the plea is made knowingly and with full...
REPORT AND RECOMMENDATION CHRISTOPHER H. STEGER , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), the undersigned United States Magistrate Judge conducted a plea hearing in this case on December 13, 2017. At the hearing, Defendant entered a plea of guilty to Count One of the one count Indictment. On the basis of the record made at the hearing, the Court finds that Defendant is fully competent and capable of entering an informed plea; the plea is made knowingly and with full...
REPORT AND RECOMMENDATION SUSAN K. LEE , Magistrate Judge . Plaintiff Tonya R. Scealf ("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 her disability insurance benefits ("DIB") and supplemental security income ("SSI"). Each party moved for a judgment [Docs. 15 & 17] with supporting briefs [Docs. 16 & 18]. This matter is now ripe, and for the reasons...
MEMORANDUM OPINION CURTIS L. COLLIER , District Judge . Before the Court are competing motions: Petitioner seeks permission to voluntarily dismiss his collateral challenge without prejudice under Federal Rule of Civil Procedure 41(a)(2) [Doc. 44]; and the United States asks this Court to deny and dismiss that same collateral challenge with prejudice in light of Beckles v. United States, 137 S.Ct. 886 , 894 (2017) [Doc. 43]. Petitioner filed the underlying motion to vacate, set aside,...
MEMORANDUM OPINION CURTIS L. COLLIER , District Judge . Before the Court are competing motions: Petitioner seeks permission to voluntarily dismiss his collateral challenge without prejudice under Federal Rule of Civil Procedure 41(a)(2) [Doc. 38]; and the United States asks this Court to deny and dismiss that same collateral challenge with prejudice in light of Beckles v. United States, 137 S.Ct. 886 , 894 (2017) [Doc. 39]. Petitioner filed the underlying motion to vacate, set aside,...
MEMORANDUM OPINION CURTIS L. COLLIER , District Judge . Before the Court are competing motions: Petitioner seeks permission to voluntarily dismiss his collateral challenge without prejudice under Federal Rule of Civil Procedure 41(a)(2) [Doc. 46]; and the United States asks this Court to deny and dismiss that same collateral challenge with prejudice in light of Beckles v. United States , 137 S.Ct. 886 , 894 (2017) [Doc. 45]. Petitioner filed the underlying motion to vacate, set aside,...
MEMORANDUM OPINION CURTIS L. COLLIER , District Judge . Before the Court are competing motions: Petitioner seeks permission to voluntarily dismiss his collateral challenge without prejudice under Federal Rule of Civil Procedure 41(a)(2) [Doc. 68]; and the United States asks this to Court deny and dismiss that same collateral challenge with prejudice in light of Beckles v. United States , 137 S.Ct. 886 , 894 (2017) [Doc. 69]. Petitioner filed the underlying motion to vacate, set aside,...
MEMORANDUM OPINION PAMELA L. REEVES , District Judge . Plaintiff, acting pro se, filed this action alleging violation of her constitutional rights when defendant, a medical doctor, refused to prescribe pain medication for her and discharged her as a patient. Defendant filed a motion to dismiss on April 19, 2017. Plaintiff failed to respond, and the court ordered her to show cause in writing on or before June 9, 2017, why defendant's motion should not be granted and this action...
ORDER TRAVIS R. McDONOUGH , District Judge . United States Magistrate Judge Christopher H. Steger filed a report and recommendation (Doc. 23) recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea as to Count One of the one-count Indictment; (2) accept Defendant's guilty plea as to Count One of the one-count Indictment; (3) adjudicate Defendant guilty of knowingly possessing a firearm after having been convicted of a felony in violation of Title 18 United...
REPORT AND RECOMMENDATION CHRISTOPHER H. STEGER , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), the undersigned United States Magistrate Judge conducted a plea hearing in this case on December 7, 2017. At the hearing, Defendant entered a plea of guilty to Count One of the one count Indictment. On the basis of the record made at the hearing, the Court finds that Defendant is fully competent and capable of entering an informed plea; the plea is made knowingly and with full...
MEMORANDUM OPINION AND ORDER PAMELA L. REEVES , District Judge . Before the Court is Magistrate Judge Guyton's Report and Recommendation ("R&R") [D. 18]. Tommy Lynn Bray filed a motion for judgment on the pleadings [D. 14], and the Commissioner of Social Security moved for summary judgment on Tommy Lynn Bray's claim [D. 16]. Judge Guyton recommends that Bray's motion be denied, and the Commissioner's motion be granted. There have been no objections to the R&R, and enough time has passed...
MEMORANDUM OPINION PAMELA L. REEVES , District Judge . This case arises out of Gann's arrest for driving under the influence. Gann alleges that the officers lacked probable cause for his arrest. Because probable cause existed to arrest Gann for driving under the influence, defendants' motion for summary judgment will be granted and this action dismissed. I. Background In the early morning of May 28, 2015, Gann drove with his girlfriend, Rebecca Hutsell, to the home of her estranged...
MEMORANDUM OPINION J. RONNIE GREER , District Judge . This matter is before the Court on the "Motion To Vacate, Set Aside, Or Correct Sentence Pursuant to Title 28 United States Code Section 2255(f)(3)," [Doc. 34], 1 filed by Todd Adam Rigney ("Rigney" or "petitioner") on June 27, 2016. The United States has responded in opposition, [Doc. 38], and petitioner did not reply within the thirty (30) day response period. The matter is now ripe for disposition. The Court has determined that the...
