FINDINGS, CONCLUSIONS, AND RECOMMENDATION IRMA CARRILLO RAMIREZ, Magistrate Judge. Pursuant to Special Order No. 3-251, this case was automatically referred for pretrial management. Before the Court is CitiMortgage, Inc.'s Motion to Dismiss and Brief in Support, filed May 16, 2014 (doc. 3). Based on the relevant filings and applicable law, the motion should be GRANTED. I. BACKGROUND This case involves the attempted foreclosure of the property located at 12919 Woodbend Lane, Dallas,...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION IRMA CARRILLO RAMIREZ, Magistrate Judge. Pursuant to Special Order No. 3-251, this case has been referred for pretrial management. Before the Court is the plaintiff's Motion, filed March 24, 2014 (doc. 112), seeking to reopen his closed case. Based on the relevant filings and applicable law, the motion should be DENIED. I. BACKGROUND On August 3, 2010, Mamadou Diallo (Plaintiff) filed a pro se complaint against Celestica LLC 1 (Defendant)...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE DAVID L. HORAN, Magistrate Judge. This case has been referred to the undersigned magistrate judge for pretrial management under 28 U.S.C. 636(b) and an order of reference. Defendants City of Grand Prairie and Wesley Bement ("Defendants") have filed second Federal Rule of Civil Procedure 12 motions seeking the dismissal of all claims brought in this civil rights action. See Dkt. Nos. 27 & 28. Plaintiffs filed...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE DAVID L. HORAN, Magistrate Judge. This case has been referred to the United States magistrate judge for pretrial management pursuant to 28 U.S.C. 636(b) and an order of reference from United States District Judge Barbara M.G. Lynn. See Dkt. No. 9. The undersigned magistrate judge now issues the following findings of fact, conclusions of law, and recommendation. Background On June 30, 2014, Plaintiff Deloris...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE DAVID L. HORAN, Magistrate Judge. This case has been referred to the United States magistrate judge for pretrial management pursuant to 28 U.S.C. 636(b). Plaintiff Rokisha T. Myles, proceeding pro se and in forma pauperis, see Dkt. No. 18, has filed a motion requesting summary judgment by default, explaining that she is entitled to this relief because, although she contacted the Court and was informed that...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION RENEE HARRIS TOLIVER, Magistrate Judge. Pursuant to the District Court's Order of Reference, Doc. 54 , the Court has considered Plaintiff's Emergency Motion to Reopen Case to Enforce Violation of Permanent Injunction, Doc. 51 . By its motion, Plaintiff requests that the Court (1) find Defendants in contempt of Court; (2) permit Plaintiff to conduct expedited discovery to ascertain the amount of damages caused by Defendants' violations; and (3)...
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RENEE HARRIS TOLIVER, Magistrate Judge. Petitioner, a Texas state prisoner, filed a pro se petition for a writ of habeas corpus under 28 U.S.C. 2254, which was automatically referred to the magistrate judge. See 28 U.S.C. 636(b) and Special Order 3. For the reasons that follow, it is recommended that this successive habeas petition be transferred to the United States Court of Appeals for the Fifth...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE DAVID L. HORAN, Magistrate Judge. This now-closed action to review the final decision of the Commissioner of Social Security was referred to the undersigned magistrate judge pursuant to Title 28, United States Code, Section 636(b). As explained in the Findings, Conclusions, and Recommendation of the United States Magistrate Judge entered November 17, 2014 [Dkt. No. 27] (the "FCR"), because Plaintiff Donald...
MEMORANDUM OPINION AND TRANSFER ORDER DAVID L. HORAN, Magistrate Judge. Plaintiff Donald Montelongo has filed a Motion for Hearing and to Transfer Venue [Dkt. No. 30], which has been referred to the undersigned Magistrate Judge for determination pursuant to 28 U.S.C. 636(b) and an order of reference from the District Court. See Dkt. No. 1. The undersigned denied the motion for hearing, see Dkt. No. 33, and Defendant, Carolyn W. Colvin, Acting Commissioner of the Social Security...
ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE CONCERNING PLEA OF GUILTY ED KINKEADE, District Judge. After reviewing all relevant matters of record, including the Notice Regarding Entry of a Plea of Guilty, the Consent of the defendant, and the Report and Recommendation Concerning Plea of Guilty of the United States Magistrate Judge, and no objections thereto having been filed within fourteen days of service in accordance with 28 U.S.C. 636(b)(1), the...
MEMORANDUM OPINION AND ORDER SAM A. LINDSAY, District Judge. Before the court is Plaintiff's Opposed Motion to Abstain and to Remand, filed August 27, 2014. After careful consideration of the motion, response, reply, record, and applicable law, the court denies Plaintiff's Opposed Motion to Abstain and to Remand. I. Procedural Background Carrie Morris ("Plaintiff" or "Morris") filed this action in the 193rd Judicial District Court of Dallas County, Texas, on July 21, 2014. She asserts...
MEMORANDUM OPINION AND ORDER SAM A. LINDSAY, District Judge. Before the court is Plaintiff's Motion in Opposition to Removal, which the court treats and renames as "Plaintiff's Motion to Remand," filed August 1, 2014. After careful consideration of the motion, response, * record, and applicable law, the court denies Plaintiff's Motion to Remand. I. Background Ella Mae Else ("Plaintiff" or "Else") originally filed this action against Ford Motor Company ("Defendant" or "Ford") in the 44th...
ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE CONCERNING PLEA OF GUILTY ED KINKEADE, District Judge. After reviewing all relevant matters of record, including the Notice Regarding Entry of a Plea of Guilty, the Consent of the defendant, and the Report and Recommendation Concerning Plea of Guilty of the United States Magistrate Judge, and no objections thereto having been filed within fourteen days of service in accordance with 28 U.S.C. 636(b)(1), the...
ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE CONCERNING PLEA OF GUILTY ED KINKEADE, District Judge. After reviewing all relevant matters of record, including the Notice Regarding Entry of a Plea of Guilty, the Consent of the defendant, and the Report and Recommendation Concerning Plea of Guilty of the United States Magistrate Judge, and no objections thereto having been filed within fourteen days of service in accordance with 28 U.S.C. 636(b)(1), the...
ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE CONCERNING PLEA OF GUILTY ED KINKEADE, District Judge. After reviewing all relevant matters of record, including the Notice Regarding Entry of a Plea of Guilty, the Consent of the defendant, and the Report and Recommendation Concerning Plea of Guilty of the United States Magistrate Judge, and no objections thereto having been filed within fourteen days of service in accordance with 28 U.S.C. 636(b)(1), the...
REPORT AND RECOMMENDATION TO DENY DEFENDANT'S MOTION TO SUPPRESS EVIDENCE CLINTON E. AVERITTE, Magistrate Judge. Came for consideration the motion to suppress, filed November 17, 2014, by defendant JASON AGUILERA. By this Motion defendant seeks to suppress evidence of the narcotics found in the vehicle he was driving when he was stopped for a traffic violation. An evidentiary hearing on defendant's motion was held November 25, 2014. After consideration of the evidence presented at the...
MEMORANDUM OPINION AND TRANSFER ORDER DAVID L. HORAN, Magistrate Judge. Plaintiff Donald Montelongo has filed a Motion for Hearing and to Transfer Venue [Dkt. No. 30], which has been referred to the undersigned Magistrate Judge for determination pursuant to 28 U.S.C. 636(b) and an order of reference from the District Court. See Dkt. No. 1. The undersigned denied the motion for hearing, see Dkt. No. 33, and Defendant, Carolyn W. Colvin, Acting Commissioner of the Social Security...
ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE CONCERNING PLEA OF GUILTY DAVID C. GODBEY, District Judge. After reviewing all relevant matters of record, including the Notice Regarding Entry of a Plea of Guilty, the Consent of the defendant, and the Report and Recommendation Concerning Plea of Guilty of the United States Magistrate Judge, and no objections thereto having been filed within fourteen days of service in accordance with 28 U.S.C. 636(b)(1), the...
ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE CONCERNING PLEA OF GUILTY BARBARA M.G. LYNN, District Judge. After reviewing all relevant matters of record, including the Notice Regarding Entry of a Plea of Guilty, the Consent of the defendant, and the Report and Recommendation Concerning Plea of Guilty of the United States Magistrate Judge, and no objections thereto having been filed within fourteen days of service in accordance with 28 U.S.C. 636(b)(1),...
ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE CONCERNING PLEA OF GUILTY BARBARA M.G. LYNN, District Judge. After reviewing all relevant matters of record, including the Notice Regarding Entry of a Plea of Guilty, the Consent of the defendant, and the Report and Recommendation Concerning Plea of Guilty of the United States Magistrate Judge, and no objections thereto having been filed within fourteen days of service in accordance with 28 U.S.C. 636(b)(1),...
