FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE DAVID L. HORAN , Magistrate Judge . Plaintiff Ana Maria S.'s counsel Ryan Snow has filed a Re-Urged Motion for Attorneys' Fees Pursuant to 42 U.S.C. 406(b). See Dkt. No. 32. Senior United States District Judge A. Joe Fish has referred this matter to the undersigned United States magistrate judge for recommendation. See Dkt. No. 30. For the reasons explained below, the Court should grant the motion [Dkt....
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE REBECCA RUTHERFORD , Magistrate Judge . Before the Court are (1) a Motion for Judgment against Defendant James T. Maxwell ("Jim Maxwell" or "Maxwell") filed by Plaintiff Lincoln General Insurance Company, Inc. ("Lincoln General") (ECF No. 260) and (2) a Motion for Summary Judgment filed by Defendant Jim Maxwell (ECF No. 264). For the following reasons, the Court should GRANT Lincoln General's Motion and enter...
REPORT AND RECOMMENDATION ON PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE D. GORDON BRYANT, JR. , Magistrate Judge . This case has been referred by the United States district judge to the undersigned for the taking of a guilty plea. The parties have consented to appear before a United States magistrate judge for these purposes. This Report and Recommendation on Plea is submitted to the court under 28 U.S.C. 636(b)(3). The defendant appeared with counsel before the undersigned United...
REPORT AND RECOMMENDATION ON PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE D. GORDON BRYANT, JR. , Magistrate Judge . This case has been referred by the United States district judge to the undersigned for the taking of a guilty plea. The parties have consented to appear before a United States magistrate judge for these purposes. This Report and Recommendation on Plea is submitted to the court under 28 U.S.C. 636(b)(3). The defendant appeared with counsel before the undersigned United...
REPORT AND RECOMMENDATION ON PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE D. GORDON BRYANT, JR. , Magistrate Judge . This case has been referred by the United States district judge to the undersigned for the taking of a guilty plea. The parties have consented to appear before a United States magistrate judge for these purposes. This Report and Recommendation on Plea is submitted to the court under 28 U.S.C. 636(b)(3). The defendant appeared with counsel before the undersigned United...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION IRMA CARRILLO RAMIREZ , Magistrate Judge . Before the Court for recommendation is Defendant City of Dallas's Rule 12(b)(6) Motion to Dismiss, and Brief in Support, filed April 26, 2019 (doc. 55). Based on the relevant filings and applicable law, the motion should be GRANTED. I. BACKGROUND Jareer Jaser (Plaintiff) sues his former employer, several of its employees, the City of Dallas (the City), and Officer Tony Black (Officer Black) and...
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RENEE HARRIS TOLIVER , Magistrate Judge . Pursuant to 28 U.S.C. 636(b) and Special Order 3, the pro se petition for writ of habeas corpus under 28 U.S.C. 2254 filed by Juan Lopez was referred to the undersigned United States magistrate judge for findings and a recommended disposition. Upon review of the relevant pleadings and applicable law, the habeas corpus petition should be DENIED. I. BACKGROUND...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE REBECCA RUTHERFORD , Magistrate Judge . Before the Court is a "Motion to Dismiss or, Alternatively, Motion to Transfer Venue, and Motion to Take Judicial Notice," filed by Defendant Federal Deposit Insurance Corporation (FDIC) in its capacity as Receiver for Omni National Bank (Omni). Mot. (ECF No. 17). For the reasons stated below, the District Court should GRANT the Motion and DISMISS without prejudice all...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE REBECCA RUTHERFORD , Magistrate Judge . Before the Court in this pro se prisoner suit is Defendant Bobby Gray's Rule 12(b)(6) Motion to Dismiss (ECF No. 8). For the reasons stated, the Motion should be GRANTED, and Plaintiff's claims should be DISMISSED with prejudice. Background In 2007, Plaintiff was convicted of indecency with a child and sentenced to twenty years' imprisonment. Def.'s Ex. 1 at 4. On...
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RENEE HARRIS TOLIVER , Magistrate Judge . Pursuant to 28 U.S.C. 636(b) and Special Order 3, Servando Vega Cervantes' pro se motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255 was referred to the undersigned United States Magistrate Judge for case management, including the issuance of findings and a recommended disposition. For the reasons outlined here, Cervantes' Section 2255 motion...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RENEE HARRIS TOLIVER , Magistrate Judge . Pursuant to 28 U.S.C. 636(b) and the district judge's Order of Reference, Doc. 29, before the Court is Plaintiff's Petition to Obtain Approval of a Fee for Representing a Social Security Claimant, Doc. 28. For the reasons that follow, the motion should be GRANTED. I. BACKGROUND In January 2017, Plaintiff filed a complaint seeking reversal and remand of the...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE HAL R. RAY, JR. , Magistrate Judge . Plaintiff Megun C. Gaurkee ("Gaurkee") filed this action under 42 U.S.C. 405(g), seeking judicial review of the denial by the Commissioner of Social Security ("Commissioner") of her application for a period of disability and disability insurance benefits ("DIB") under Title II of the Social Security Act ("SSA") and Supplemental Security Income ("SSI") payments under Title...
REPORT AND RECOMMENDATION ON PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE D. GORDON BRYANT, JR. , Magistrate Judge . This case has been referred by the United States district judge to the undersigned for the taking of a guilty plea. The parties have consented to appear before a United States magistrate judge for these purposes. This Report and Recommendation on Plea is submitted to the court under 28 U.S.C. 636(b)(3). The defendant appeared with counsel before the undersigned United...
REPORT AND RECOMMENDATION ON PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE D. GORDON BRYANT, JR. , Magistrate Judge . This case has been referred by the United States district judge to the undersigned for the taking of a guilty plea. The parties have consented to appear before a United States magistrate judge for these purposes. This Report and Recommendation on Plea is submitted to the court under 28 U.S.C. 636(b)(3). The defendant appeared with counsel before the undersigned United...
REPORT OF ACTION AND RECOMMENDATION ON PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE JEFFREY L. CURETON , Magistrate Judge . This Report of Action on Plea is submitted to the court pursuant to 28 U.S.C. 636(b)(3). This case has been referred by the United States district judge to the undersigned for the taking of a guilty plea. The parties have consented to appear before a United States magistrate judge for these purposes. The defendant appeared with counsel before the undersigned...
REPORT AND RECOMMENDATION ON PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE JOHN R. PARKER , Magistrate Judge . This case has been referred by the United States district judge to the undersigned for the taking of a guilty plea. The parties have consented to appear before a United States magistrate judge for these purposes. This Report and Recommendation on Plea is submitted to the court under 28 U.S.C. 636(b)(3). The defendant appeared with counsel before the undersigned United States...
REPORT AND RECOMMENDATION ON PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE JOHN R. PARKER , Magistrate Judge . This case has been referred by the United States district judge to the undersigned for the taking of a guilty plea. The parties have consented to appear before a United States magistrate judge for these purposes. This Report and Recommendation on Plea is submitted to the court under 28 U.S.C. 636(b)(3). The defendant appeared with counsel before the undersigned United States...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE REBECCA RUTHERFORD , Magistrate Judge . The District Court referred this 1983 lawsuit to the United States magistrate judge for pretrial management under 28 U.S.C. 636(b). For the following reasons, Plaintiff's Complaint should be dismissed. Plaintiff filed his original Complaint against Defendants Casey Coltrain and Kenneth Cochran on April 19, 2019. Compl. (ECF No. 1). Subsequently, Defendants waived...
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RENEE HARRIS TOLIVER , Magistrate Judge . Pursuant to 28 U.S.C. 636(b) and Special Order 3, Movant Indolfo Martinez's pro se motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255 was referred to the United States Magistrate Judge for case management, including the issuance of findings and a recommended disposition. As detailed here, the Section 2255 motion should be denied. I. BACKGROUND...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE DAVID L. HORAN , Magistrate Judge . This case has been referred to the undersigned United States magistrate judge for pretrial management under 28 U.S.C. 636(b) and a standing order of reference from Senior United States District Judge A. Joe Fish. See Dkt. No. 19. Defendant E. Kyle Wall filed a motion to dismiss Plaintiff Citibank, N.A.'s complaint for breach of contract. See Dkt. Nos. 9-11. In his...
