FINDINGS OF FACT AND RECOMMENDATION ON GUILTY PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE KEITH F. GIBLIN , Magistrate Judge . By order of the District Court, this matter was referred to the undersigned United States Magistrate Judge for administration of a guilty plea and allocution under Rules 11 and 32 of the Federal Rules of Criminal Procedure. Magistrate judges have the statutory authority to conduct a felony guilty plea proceeding as an "additional duty" pursuant to 28 U.S.C....
MEMORANDUM OPINION AND ORDER AMOS L. MAZZANT , District Judge . Pending before the Court is Defendant USAA Federal Savings Bank's ("USAA") Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(3), (5), and (6) (Dkt. #16). After reviewing the relevant pleadings and motion, the Court finds USAA's motion should be granted. BACKGROUND This case arises out of a debt owed by Plaintiff Daniel Diclementi to USAA. Plaintiff alleges USAA failed to honor a renegotiation contract...
FINDINGS OF FACT AND RECOMMENDATION ON PLEA OF TRUE BEFORE THE UNITED STATES MAGISTRATE JUDGE KEITH F. GIBLIN , Magistrate Judge . Pursuant to 28 U.S.C. 636(b) and the Local Rules for the District Court, Eastern District of Texas, the District Court referred this matter for hearing and the submission of findings of fact and a report and recommendation pursuant to 18 U.S.C. 3401(i) and 3583(e). The United States alleges that the defendant, Chad David Worthington, violated conditions...
FINDINGS OF FACT AND RECOMMENDATION ON PLEA OF TRUE BEFORE THE UNITED STATES MAGISTRATE JUDGE KEITH F. GIBLIN , Magistrate Judge . Pursuant to 28 U.S.C. 636(b) and the Local Rules for the District Court, Eastern District of Texas, the District Court referred this matter for hearing and the submission of findings of fact and a report and recommendation pursuant to 18 U.S.C. 3401(i) and 3583(e). The United States alleges that the defendant, Rolando Calderilla-Regalado, violated...
MEMORANDUM OPINION AND ORDER JOHN D. LOVE , Magistrate Judge . Before the Court is Defendant BigCommerce, Inc.'s ("BigCommerce") Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a). (Doc. No. 48.) Plaintiff Diem LLC ("Diem") filed a response (Doc. No. 50) to which BigCommerce has filed a reply (Doc. No. 51). After considering the parties' arguments, the Court DENIES BigCommerce's Motion to Transfer Venue (Doc. No. 48). BACKGROUND On March 27, 2017, Diem filed this action against...
MEMORANDUM OPINION AN ORDER KIMBERLY C. PRIEST JOHNSON , Magistrate Judge . Before the Court is Plaintiff's Motion to Reconsider Motion for Alternative Service (the "Motion to Reconsider") (Dkt. 9). As set forth below, the Court finds the Motion to Reconsider (Dkt. 9) is GRANTED. I. BACKGROUND On November 29, 2017, Plaintiff filed a Motion for Alternative Service of Process (the "First Motion") (Dkt. 7), which the Court granted in part and denied in part. See Dkt. 8. The Court...
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 December 5, 2017, the report of the Magistrate Judge (Dkt. #20) was entered containing proposed findings of fact and recommendations that the parties' Agreed Motion to Dismiss with...
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND ORDER OF PARTIAL DISMISSAL 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 December 11, 2017, the report of the Magistrate Judge (Dkt. #58) was entered containing proposed findings of fact and recommendations that the individual...
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 United States Magistrate Judge pursuant to 28 U.S.C. 636. On November 21, 2017, the report of the Magistrate Judge (the "Report") was entered containing proposed findings of fact and recommendations ( see Dkt. #110) that Plaintiff...
ORDER OF DISMISSAL AMOS L. MAZZANT, III , District Judge . The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge Christine A. Nowak, who issued a Report and Recommendation (Dkt. #15), concluding that the petition for writ of habeas corpus should be denied and dismissed with prejudice. The Report of the Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition of such action, has been presented for...
FINDINGS OF FACT AND RECOMMENDATION ON GUILTY PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE K. NICOLE MITCHELL , Magistrate Judge . By order of the District Court, this matter is referred to the undersigned United States Magistrate Judge for administration of the guilty plea under Rule 11. Magistrate judges have the statutory authority to conduct a felony guilty plea proceeding as an "additional duty" pursuant to 28 U.S.C. 636(b)(3). United States v. Bolivar-Munoz, 313 F.3d 253 ,...
ORDER ADOPTING FINDINGS OF FACT AND RECOMMENDATION ON DEFENDANT'S GUILTY PLEA RON CLARK , District Judge . The Court referred this matter to the Honorable K. Nicole Mitchell, United States Magistrate Judge, for administration of a guilty plea under Rule 11 of the Federal Rules of Criminal Procedure. Judge Mitchell conducted a hearing in the form and manner prescribed by Federal Rule of Criminal Procedure 11 and issued her Findings of Fact and Recommendation on Guilty Plea Before the...
FINDINGS OF FACT AND RECOMMENDATION ON GUILTY PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), this matter has been referred by the District Court for administration of the guilty plea and allocution under Rule 11 of the Federal Rules of Criminal Procedure. On December 13, 2017, this cause came before the undersigned United States Magistrate Judge for guilty plea and allocution of the Defendant on Count 1 of the Indictment....
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 December 4, 2017, the report of the Magistrate Judge (Dkt. #24) was entered containing proposed findings of fact and recommendations that this case should be dismissed in its entirety...
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE MARCIA A. CRONE , 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 December 21, 2017, the report of the Magistrate Judge [Dkt. 141] was entered containing proposed findings of fact and recommendations that Defendant Dameon Deon Parker's Motion to...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE CHRISTINE A. NOWAK , District Judge . Pending before the Court is Defendant Dameon Deon Parker's Motion to Suppress Evidence ("Defendant's Motion to Suppress") [Dkt. 120]. On December 15, 2017, the undersigned conducted an evidentiary hearing and heard oral argument from both the Government and Defendant on the pending Motion to Suppress. After considering the Motion to Suppress, the Government's Response [Dkt. 126], all other...
ORDER OF DISMISSAL AMOS L. MAZZANT , District Judge . This civil action was referred to United States Magistrate Judge Christine A. Nowak, who issued a Report and Recommendation concluding that the motion to vacate, set aside, or correct sentence should be denied and the case dismissed with prejudice. No objections have been filed. After reviewing the Report, the Court concludes the findings and conclusions of the Magistrate Judge are correct, and adopts the same as the findings and...
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 November 30, 2017, the report of the Magistrate Judge (Dkt. #48) was entered containing proposed findings of fact and recommendations that the parties' Agreed Motion for Dismissal with...
MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION RODNEY GILSTRAP , District Judge . Petitioner Quintonius B. Golston, an inmate confined at the Coffield Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. The Court referred this matter to the Honorable Caroline M. Craven, United States...
MEMORANDUM OPINION AND ORDER AMOS L. MAZZANT , District Judge . Pending before the Court is Defendant Wal-Mart Stores Texas, LLC d/b/a Wal-Mart Supercenter #3236's ("Wal-Mart") Motion for Summary Judgment (Dkt. #15). Having reviewed the motion and relevant pleadings, the Court finds the motion should be granted. BACKGROUND On May 23, 2015, Plaintiff Ronald Asbell ("Asbell") slipped and fell in the Wal-Mart men's clothing department. After he fell, Asbell noticed two clothes hangers on...
