REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION TO DISMISS FOR INSUFFICIENT SERVICE OF PROCESS DIANE K. VESCOVO , Chief Magistrate Judge . Before the court is the October 30, 2017 motion of the defendant, Waste Management, pursuant to Federal Rules of Civil Procedure 12(b)(4) and 12(b)(5), to dismiss the complaint filed by the plaintiff, Ronald L. Collins ("Collins"), proceeding pro se, for insufficient process and insufficient service of process. Collins has not responded to the motion,...
ORDER DENYING DEFENDANTS' MOTION TO DISMISS S. THOMAS ANDERSON , Chief District Judge . Before the Court is the Motion to Dismiss (ECF No. 16) of Defendants TDS Telecommunications Corporation, TDS Telecom Service Corporation, and Tennessee Telephone Company. Defendants seek the dismissal of Plaintiff Martha Carroll's Second Amended Complaint (ECF 1-1), in which Plaintiff asserts both individual and class-action claims and over which the Court exercises diversity jurisdiction. Plaintiff's...
ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS S. THOMAS ANDERSON , Chief District Judge . Before the Court are Defendants Western Mental Health Institute and Debora Murphy, M.D.'s Motions to Dismiss (ECF Nos. 55 & 69) filed on September 20, 2017, and October 12, 2017, respectively. Plaintiff Clifford Robert White does not oppose the dismissal without prejudice of Western Mental Health Institute for lack of subject matter jurisdiction. Plaintiff has responded in opposition to DeBora Murphy,...
ORDER SAMUEL H. MAYS, JR. , District Judge . Before the Court is the Magistrate Judge's Report and Recommendation, dated November 29, 2017 (the "Report"). (ECF No. 23.) The Report recommends that the Court grant Defendant Northfield Insurance Company's Motion to Dismiss Plaintiffs' Bad Faith Claim ("Motion to Dismiss") (ECF No. 14). Plaintiffs Anthony Shelby, Shelby & Shelby Properties, LLC, and Shelby, Arnold, and Shelby Property Management, LLC ("Plaintiffs") have not objected to the...
REPORT AND RECOMMENDATION ON MOTION TO DISMISS PLAINTIFF'S BAD FAITH CLAIM PURSUANT TO TENNESSEE CODE ANNOTATED 56-7-105 CHARMIANE G. CLAXTON , Magistrate Judge . Before the Court is Defendant Northfield Insurance Company's ("Northfield") Motion to Dismiss Plaintiff's Bad Faith Claim pursuant to Tennessee Code Annotated 56-7-105. 1 (Docket Entry "D.E." #14). The instant motion was referred to the United States Magistrate Judge for Report and Recommendation. (D.E. #17). For the reasons...
ORDER SAMUEL H. MAYS, JR. , District Judge . Before the Court are five motions filed by Petitioner Sherman Harper: (1) pro se motion seeking to vacate, set aside, or correct his sentence under 28 U.S.C. 2255 (the " 2255 Motion"), filed on July 13, 2015 (ECF No. 1; see also ECF No. 1-1); (2) Addendum to Presentencing Report Objection to Presentencing ("Objection to Presentencing"), filed on November 21, 2016 (ECF No. 21); (3) Request for Status Report, filed on January 30, 2017 (ECF...
ORDER DISMISSING PETITION, DENYING CERTIFICATE OF APPEALABILITY, AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS S. THOMAS ANDERSON , Chief District Judge . Petitioner John Anthony Bailey filed a pro se habeas corpus petition (the "Petition") pursuant to 28 U.S.C. 2254 (ECF No. 1). By Order dated December 5, 2017, the Court directed Petitioner to show cause within fourteen days why the case should not be dismissed for lack of prosecution (ECF No. 13). Although warned that failure to...
ORDER S. THOMAS ANDERSON , District Judge . Upon the Agreed Motion of the Defendant and the United States Attorney to Continue the February 12, 2018 trial date; IT IS HEREBY ORDERED that the Defendant's trial date be and hereby is continued and a new scheduling order will be developed.
ORDER GRANTING MOTION TO CONTINUE SENTENCING HEARING AND NOTICE OF RESETTING S. THOMAS ANDERSON , District Judge . For good cause shown, and without objection by the government, the Court hereby GRANTS defendant's motion to continue the sentencing. The sentencing shall be reset for the 2 nd day of February, 2018 at 10:30 a.m. It is so ORDERED.
ORDER SAMUEL H. MAYS, JR. , District Judge . Before the Court are four motions: (1) Defendant Principal Financial Group's Partial Motion to Dismiss Plaintiff's Complaint and to Strike Plaintiff's Jury Demand ("Motion to Dismiss I"), filed on May 15, 2017 (ECF No. 10; see also ECF No. 11); (2) Plaintiff Patricia Bradshaw's Motion to Amend Complaint ("Motion to Amend"), filed on June 12, 2017 (ECF No. 15); (3) Defendant's Partial Motion to Dismiss Plaintiff's Amended Complaint and to...
ORDER SAMUEL H. MAYS, JR. , District Judge . Before the Court is Petitioner Melvin Johnson's, Prisoner No. 21790-76, Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (the " 2255 Motion"), filed on June 24, 2016. ( 2255 Mot., ECF No. 1.) 1 Johnson challenges his sentence in criminal case no. 07-20041. He argues that the Supreme Court's ruling in Johnson v. United States , 135 S.Ct. 2551 (2015) — invalidating the residual clause in...
ORDER RESETTING SCHEDULING CONFERENCE AND NOTICE OF RESETTING S. THOMAS ANDERSON , Chief District Judge . Upon motion of the defendant, consent of the Unites States, and for good cause shown, it is hereby: ORDERED, ADJUDGED, and DECREED that the scheduling conference is reset to January 11, 2018 at 9:00 a.m.
ORDER GRANTING MOTION TO ADMINISTRATIVELY CLOSE CASE S. THOMAS ANDERSON , Chief District Judge . Before the Court is the Motion of the United States of America (the "Government") to Administratively Close this Case (ECF No. 22). No party has filed a response in opposition to the instant Motion, and, as the Government filed the Motion on November 28, 2017, the time to do so has now passed. See W.D. Tenn. R. 7.2(a)(2). Administratively closing a case is a case-management tool used by...
ORDER GRANTING MOTION TO SCHEDULE A STATUS CONFERENCE AND NOTICE OF SETTING S. THOMAS ANDERSON , Chief District Judge . This matter came to be heard upon the Motion on behalf of the Defendant, BOBBY McELRATH to Schedule a Status Conference. The Court finds that this motion is well taken and should be granted, and the Status Conference shall be set on the 2 nd day of January, 2018 at 9:15 a.m. IT IS SO ORDERED.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION TO DENY DEFENDANT'S MOTION TO SUPPRESS JOHN T. FOWLKES, JR. , District Judge . Before the Court is Defendant Charles Ford's Motion to Suppress filed on July 7, 2017. (ECF No. 38.) The sole issue presented by the Motion is whether Officers Edwards and Malsom were constitutionally permitted under the Fourth Amendment of the United States Constitution to stop Defendant for questioning. The Motion was referred to the Magistrate Judge,...
ORDER GRANTING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS CHARMIANE G. CLAXTON , Magistrate Judge . Before the Court is the Defendant's October 27, 2017 Motion for Judgment on the Pleadings 1 (D.E. # 15). To date, Plaintiff has not filed a response to the Motion. The parties have consented to the jurisdiction of the United States Magistrate Judge. (D.E. # 14) For the reasons set forth herein, Defendant's Motion is GRANTED. On July 21, 2017, Plaintiff, through counsel, filed a...
ORDER DENYING 2255 MOTION, DENYING CERTIFICATE OF APPEALABILITY, AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS J. DANIEL BREEN , District Judge . Petitioner, Gary Futrell, a federal prisoner, has filed a motion under 28 U.S.C. 2255 asking the Court to vacate, set aside, or correct his sentence ("Petition"). (Case Number ("No.") 15-cv-1041, Docket Entry ("D.E.") 1.) He claims that his sentence was based on a miscalculation of his criminal history points. ( Id. at PageID 2.) For the...
ORDER ADOPTING REPORT AND RECOMMENDATION SHERYL H. LIPMAN , District Judge . Before the Court is Magistrate Judge Charmaine G. Claxton's Report and Recommendation ("Report") (ECF No. 20), filed November 8, 2017, recommending dismissal of Plaintiff's Complaint for failure to prosecute. A magistrate judge may submit to a judge of the court proposed findings of fact and recommendations for involuntary dismissal of an action for failure to prosecute. 28 U.S.C. 636(b)(1)(B). "Within 14 days...
REPORT AND RECOMMENDATION CHARMIANE G. CLAXTON , Magistrate Judge . On July 11, 2017, defendants Crystal Fergason and Kendra Fussell filed a Motion to Dismiss. (D.E.# 16.) Pursuant to Local Rule 12.1 "[a] party opposing a motion to dismiss must file a response within 28 days after the motion is served." To date, Plaintiff has not filed a response to the motion. In an order entered on September 18, 2017, the Court ordered the Plaintiff to show cause why the undersigned should not file a...
ORDER GRANTING MOTION TO CONTINUE HEARING AND NOTICE OF SETTING S. THOMAS ANDERSON , Chief District Judge . This matter came to be heard on Motion of Counsel for Defendant. Counsel's Motion is GRANTED. The Sentencing Hearing shall be continued to January 23, 2018 at 9:00 AM. It is so ORDERED.
