REPORT AND RECOMMENDATION ON GUILTY PLEA MARY MILLOY , Magistrate Judge . This case was referred by Judge Lee H. Rosenthal pursuant to 28 U.S.C. 636(b)(3), for proceedings under Rule 11 of the Federal Rules of Criminal Procedure. All parties executed a waiver of the right to plead guilty before a United States district judge, as well as a consent to proceed before a magistrate judge. On November 17, 2015, the defendant and his counsel appeared before this court, and he was informed of...
SUMMARY JUDGMENT OPINION AND ORDER STEPHEN WM. SMITH , Magistrate Judge . This residential mortgage foreclosure action is before the court on defendant Ditech Financial LLC f/k/a Green Tree Servicing LLC's motion for summary judgment (Dkt. 11). Plaintiff Bobby M. Lang did not respond to the motion. 1 Having considered Ditech's submission and the law, the court grants the motion and dismisses this case with prejudice. Background On February 20, 2008, Lang financed the purchase of...
MEMORANDUM OPINION & ORDER GRAY H. MILLER , District Judge . Pending before the court is (1) defendants State Farm Lloyds ("State Farm"), State Farm agent Madeline Nguyen, and State Farm adjuster Angela Wilson's (collectively, "Defendants") motion for summary judgment (Dkt. 28) and (2) State Farm's motion to exclude the testimony and opinions of Gerard J. Duhon (Dkt. 27). After reviewing the motions, the pleadings, the responses, all other relevant documents in the record, and the...
ORDER OF DETENTION JOHN R. FROESCHNER , Magistrate Judge . On December 22, 2015, the Court conducted a combined Preliminary and Detention Hearing in the above-styled and numbered cause; the Government moved for the detention of the Defendant, Benjamin Douglas Guidry. The Government offered the testimony of F.B.I Agent Kelly Berry; Guidry made a proffer supporting his release. The Court also made the Pretrial Services report, which recommended detention, a part of the record. Having...
MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL JASON B. LIBBY , Magistrate Judge . A detention hearing has been held in accordance with the Bail Reform Act, 18 U.S.C. 3142(f). The following requires detention of the defendant pending trial in this case: (1) There is a serious risk that the defendant will not appear; and (2) There is a serious risk that the defendant will endanger the safety of another person or the community. The evidence against the defendant meets the...
FINDINGS AND RECOMMENDATION ON PLEA OF GUILTY B. JANICE ELLINGTON , Magistrate Judge . Senior United States District Judge Janis Graham Jack referred this case to the undersigned United States Magistrate Judge for the purpose of conducting a guilty plea proceeding pursuant to Rule 11 of the Federal Rules of Criminal Procedure. 1 The undersigned submits these Findings and Recommendation to the District Judge pursuant to 28 U.S.C. 636(b)(3). All parties have waived the right to plead...
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION NELVA GONZALES RAMOS , District Judge . Pending before the Court are Sheriff Jim Kaelin's and Nueces County's respective "Motions for Summary Judgment Based on the Preclusive Effect of State Court Judgment" (D.E. 127, 128). On October 13, 2015, United States Magistrate Judge Jason B. Libby issued a Memorandum and Recommendation (M&R, D.E. 146), recommending that both motions for summary judgment be granted. Plaintiffs timely filed their...
ORDER ADOPTING MAGISTRATE JUDGE'S MEMOKAHDUM AND RECOMMENDATION SIM LAKE , District Judge . Having reviewed Magistrate Judge's Memorandum and Recommendation objections thereto, 1 the court is of the opinion that said Memorandum and Recommendation should be adopted by this court. It is, therefore, ORDERED that Memorandum and Recommendation hereby ADOPTED by this court. Accordingly, the court REMANDS Defendant Nueva Vida Apartment's state action for forcible entry and detainer...
MEMORANDUM AND ORDER NANCY F. ATLAS , District Judge . This case is before the Court on Defendant Fidelity Investment Limited's ("Fidelity") Rule 12(b)(2), 12(b)(4), 12(b)(5) and 12(b)(6) Motion to Dismiss and Motion for Relief from a Final Judgment (the "Motion to Dismiss") [Doc. # 5] and Plaintiff Xiaodong Li's ("Plaintiff" or "Li") 1 Motion to Abstain and to Remand (the "Motion to Remand") [Doc. # 6]. Fidelity filed a Motion for Severance and Response in Opposition to Plaintiff's...
MEMORANDUM AND RECOMMENDATION NANCY K. JOHNSON , Magistrate Judge . Pending before the court 1 are Plaintiff's Motion for Temporary Restraining Order ("TRO") (Doc. 2), Defendant Nueva Vida Apartments' ("Nueva Vida") Motion to Remand (Doc. 14), Defendants' Federal Rules of Civil Procedure ("Rules") 12(b)(1), 12(b)(6), and 12(e) Motions (Doc. 15), and Plaintiff's Motion for Continuance (Doc. 22). The court has considered the motions, Plaintiff's response to Defendant Nueva Vida's motion,...
MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL JASON B. LIBBY , Magistrate Judge . A detention hearing has been held in accordance with the Bail Reform Act, 18 U.S.C. 3142(f). The following requires detention of the defendant pending trial in this case: (1) There is probable cause to believe the defendant committed an offense for which a maximum term of imprisonment of ten years or more is prescribed in 21 U.S.C. 841(b)(1)(A); and (2) The defendant has not rebutted the...
ORDER ON ACCI'S MOTION FOR SUMMARY JUDGMENT NELVA GONZALES RAMOS , District Judge . Plaintiffs filed this wrongful death action alleging, in relevant part, that the tractor-trailer single-vehicle rollover was caused by improper road construction. Defendant Anderson Columbia Co., Inc. (ACCI) was the contractor for the Texas Department of Transportation (TxDOT), performing the road construction pursuant to TxDOT specifications. ACCI has filed its Motion for Summary Judgment (D.E. 60),...
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION NELVA GONZALES RAMOS , District Judge . Pending before the Court are Sheriff Jim Kaelin's and Nueces County's respective "Motions for Summary Judgment Based on the Preclusive Effect of State Court Judgment" (D.E. 127, 128). On October 13, 2015, United States Magistrate Judge Jason B. Libby issued a Memorandum and Recommendation (M&R, D.E. 146), recommending that both motions for summary judgment be granted. Plaintiffs timely filed their...
ORDER KEITH P. ELLISON , District Judge . Before the Court is Defendants' Motion for Partial Summary Judgment on Non-Infringement (Doc. No. 36). The central dispute in this motion is over the meaning of the claim term "orthogonal" in U.S. Patent No. 8,713,732 (the "`732 patent"). See `732 patent, col. 6, lines 4-6 ("at least one of the lateral side faces and each of the terminal ends defining a plane orthogonal to a plane defined by the base"). Both parties agree that the generic...
MEMORANDUM AND RECOMMENDATION GRAY H. MILLER , Magistrate Judge . Pending before the court 1 is Defendant United States of America's ("United States") Motion to Dismiss (Doc. 6). The court has considered the motion, the response, all other relevant filings, and the applicable law. For the reasons set forth below, the court RECOMMENDS that the United States' motion be GRANTED . I. Case Background Plaintiff is an individual and trustee who brought suit against the United States on the...
MEMORANDUM OPINION KENNETH M. HOYT , District Judge . I. This case comes to the Court on appeal from the appellees, Anne M. McCloskey and Michael A. Craig, second motion for summary judgment that arose in the appellant's, Christopher J. McCloskey, bankruptcy proceedings. The Court has jurisdiction pursuant to 28 U.S.C. 158(a) and, therefore, proceeds to address the issue(s) raised by the appellant's appeal. By way of background, a state appellate court entered a reformed final...
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION SIM LAKE , District Judge . Having reviewed the Magistrate Judge's Memorandum and Recommendation, the objections thereto, and Defendant's response to Plaintiff's objections, the court is of the opinion that said Memorandum and Recommendation should be adopted by this court. It is, therefore, ORDERED that the Memorandum and Recommendation is hereby ADOPTED by this court.
MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL JASON B. LIBBY , Magistrate Judge . A detention hearing has been held in accordance with the Bail Reform Act, 18 U.S.C. 3142(f). The following requires detention of the defendant pending trial in this case: (1) There is a serious risk that the defendant will not appear; and (2) There is a serious risk that the defendant will endanger the safety of another person or the community. The evidence against the defendant meets the...
OPINION AND ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL B. JANICE ELLINGTON , Magistrate Judge . Petitioner filed this 2254 petition on October 30, 2015 (D.E. 1). Because of an error imaging the petition, the time for Respondent to file a responsive pleading and dispositive motion has been extended to February 1, 2016. Pending is Petitioner's motion for appointment of counsel (D.E. 17). There is no constitutional right to counsel in federal habeas proceedings. Johnson v. Hargett,...
MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL JASON B. LIBBY , Magistrate Judge . A detention hearing has been held in accordance with the Bail Reform Act, 18 U.S.C. 3142(f). The following requires detention of the defendant pending trial in this case: (1) There is a serious risk that the defendant will not appear; and (2) There is a serious risk that the defendant will endanger the safety of another person or the community. The evidence against the defendant meets the...
