ORDER OF DISMISSAL THAD HEARTFIELD , District Judge . Petitioner Jamie McGee, a former inmate within the Texas Department of Criminal Justice proceeding pro se, filed this federal petition for a writ of habeas corpus. The petition was referred to United States Magistrate Judge, the Honorable K. Nicole Mitchell, for findings of fact, conclusions of law, and recommendations for the disposition of the petition. On February 25, 2020, Judge Mitchell issued a Report, (Dkt. #27), recommending...
ORDER OVERRULING OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE MARCIA A. CRONE , District Judge . The Plaintiff requests judicial review of a final decision of the Commissioner of Social Security Administration with respect to his application for disability-based benefits. This matter has been referred to the Honorable Keith Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this...
NOT PRINTED FOR PUBLICATION MEMORANDUM OPINION AND ORDER RON CLARK , District Judge . Plaintiff, Frederick Carter, an inmate formerly confined at the Polunsky Unit with the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. 1983 against defendant Miguel Martinez and several other defendants. Procedural & Factual Background Plaintiff alleges that generally that from...
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS OF FACT AND RECOMMMENDATION ON GUILTY PLEA JEREMY D. KERNODLE , District Judge . On this day, the Court considered the Findings of Fact and Recommendation of United States Magistrate Judge K. Nicole Mitchell regarding Defendant Darren Michael Massey's plea of guilty to Count One with a violation of Title 21 U.S.C. 841(a)(1) — Possession with Intent to Distribute Methamphetamine. Having conducted a proceeding in the form and manner prescribed by...
FINDINGS OF FACT AND RECOMMENDATION ON GUILTY PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE K. NICOLE MITCHELL , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), this matter has been referred by the District Court for administration of a plea of guilty under Rule 11 of the Federal Rules of Criminal Procedure. On March 16, 2020, this cause came before the undersigned United States Magistrate Judge for a plea of guilty to an Indictment charging Defendant Darren Michael Massey in Count...
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JEREMY D. KERNODLE , District Judge . Petitioner Hector Manuel Torres, an inmate proceeding pro se, filed the above-styled and numbered petition for writ of habeas corpus. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to 28 U.S.C. 636. On June 25, 2019, the Magistrate Judge issued a Report and Recommendation (Docket No. 4), recommending that Petitioner's petition be...
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JEREMY D. KERNODLE , District Judge . Plaintiff Richard Scott Shafer, an inmate proceeding pro se, filed the above-styled and numbered civil rights lawsuit pursuant to 42 U.S.C. 1983. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to 28 U.S.C. 636. On January 16, 2020, the Magistrate Judge issued a Report and Recommendation (Docket No. 28), recommending that Plaintiff's...
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND FINDING DEFENDANT GUILTY PURSUANT TO RULE 11(c)(1)(C) JEREMY D. KERNODLE , District Judge . On this day, the Court considered the Findings of Fact and Recommendation of United States Magistrate Judge John Love regarding Defendant Steve Allen Foster (6)'s plea pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C) to Count One of the Information with a violation of Title 21 U.S.C. 841(a)(1) — Possession with the Intent to Distribute...
FINDINGS OF FACT AND RECOMMENDATION ON GUILTY PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE PURSUANT TO RULE 11(c)(1)(C) JOHN D. LOVE , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), this matter has been referred by the District Court for administration of a plea of guilty under Rule 11 of the Federal Rules of Criminal Procedure. On March 16, 2020, this cause came before the undersigned United States Magistrate Judge for a plea of guilty to an Information charging the defendant in...
MEMORANDUM OPINION AND ORDER CAROLINE M. CRAVEN , Magistrate Judge . Petitioner Jacob E. Murphy, an inmate confined at the Telford Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, brings this petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. The above-styled action was referred to the undersigned magistrate judge pursuant to 28 U.S.C. 636 for findings of fact, conclusions of law, and recommendations for the...
ORDER ROBERT W. SCHROEDER, III , District Judge . The Plaintiff Eduardo Vizcayno, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. 1983 complaining of alleged violations of his constitutional rights. This Court referred the case to the United States Magistrate Judge pursuant to 28 U.S.C. 636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges. The named Defendants are Telford Unit law...
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AMOS L. MAZZANT , District Judge . Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. 636. On February 13, 2020, the report of the Magistrate Judge (Dkt. #14) was entered containing proposed findings of fact and recommendations that the final decision of the Commissioner of the...
MEMORANDUM OPINION & ORDER ADOPTING MAGISTRATE COURT'S REPORTS IN PART AND AS MODIFIED, GRANTING SUMMARY JUDGMENT, AND DENYING SANCTIONS SEAN D. JORDAN , District Judge . Plaintiff David Spindle alleges that he is disabled and that his former employer, CKJ Trucking, LP and its successor, CKJ Transportation of North Texas, LLC (collectively, "CKJ") failed to provide reasonable accommodation for and discriminated on the basis of his disability, both in violation of the Americans with...
MEMORANDUM OPINION AND ORDER AMOS L. MAZZANT , District Judge . Pending before the Court is Defendants Seattle SpinCo Inc., EntIT Software LLC, EntCo Interactive (Israel) Ltd., Entco Government Software LLC, and Micro Focus (US) Inc.'s (collectively, "Defendants") Motion to Transfer (Dkt. #98). Having considered the motion and the relevant pleadings, the Court finds that the motion should be denied. BACKGROUND Plaintiffs filed this suit on July 2, 2018, alleging patent infringement of...
MEMORANDUM OPINION AND ORDER AMOS L. MAZZANT , District Judge . Pending before the Court is Special Receiver Timothy Micah Dortch's ("Special Receiver") Motion to Compel Documents from Defendant Wells Fargo Bank, N.A. ("Wells Fargo") (Dkt. #56). Having considered the motion and the relevant pleadings, the Court finds that Special Receiver's Motion should be granted in part and denied in part. Specifically, the motion should be granted as to Requests Nos. 3 and 4 and denied as to Requests...
MEMORANDUM OPINION AND ORDER RODNEY GILSTRAP , District Judge . Before the Court is Defendant Colonial Freight Systems, Inc.'s ("Colonial") Amended Fed. R. Civ. P. 12(B)(6) and 12(B)(1) Motion to Dismiss (the "Motion"). (Dkt. No. 37.) Having considered the Motion and subsequent briefing, and for the reasons set forth herein, the Court is of the opinion that the Motion should be DENIED on both its Rule 12(b)(1) and Rule 12(b)(6) grounds. I. BACKGROUND On January 4, 2018, Judy Milburn ("...
MEMORANDUM RULING ROY S. PAYNE , Magistrate Judge . On December 11, 2017, Administrative Law Judge Ralph F. Shilling issued a decision finding that Petitioner Wanda R. Lovelace was not disabled within the meaning of the Social Security Act from June 1, 2016, through the date of the decision. Mrs. Lovelace, who was 50 with a high school education at that time, 1 was found to be suffering from severe impairments consisting of intellectual disorder, lumbar disc disease, cellulitis, sleep...
MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARCIA A. CRONE , District Judge . Petitioner Rene Tamez, a prisoner confined at the Federal Correctional Complex in Beaumont, Texas, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. 2241. The Court referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court....
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JEREMY D. KERNODLE , District Judge . Plaintiff Travis Torgerson, an inmate proceeding pro se, filed the above-styled and numbered civil rights lawsuit pursuant to 42 U.S.C. 1983. The case was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. 636. On January 3, 2020, the Magistrate Judge issued a Report and Recommendation (Docket No. 12), recommending that the claims against...
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JEREMY D. KERNODLE , District Judge . Plaintiff Kenneth Howard Kerr, an inmate proceeding pro se, filed the above-styled and numbered civil rights lawsuit pursuant to 42 U.S.C. 1983. The case was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. 636. On January 17, 2020, the Magistrate Judge issued a Report and Recommendation (Docket No. 17), recommending that Defendant's motion to...
