RECOMMENDATION OF THE MAGISTRATE JUDGE TERRY F. MOORER , Magistrate Judge . Before the court is petitioner Ricardo Rendon's ("Rendon") motion under 28 U.S.C. 2255 to vacate, set aside, or correct sentence. Doc. No. 1. 1 After considering the parties' submissions, the record, and the applicable law, the court finds that Rendon's 2255 motion should be denied without an evidentiary hearing. Rule 8(a), Rules Governing Section 2255 Proceedings in the United States District Courts. I....
RECOMMENDATION OF THE MAGISTRATE JUDGE WALLACE CAPEL, Jr. , Magistrate Judge . This 42 U.S.C. 1983 action was filed by Plaintiff on October 21, 2015. On October 27, 2015, the court entered an order of procedure which instructed Plaintiff, among other things, to inform the court of any change in his address. Doc. No. 4. The order also cautioned Plaintiff that failure to comply with this specific directive would result in a Recommendation that his case be dismissed. Id. On December 7,...
RECOMMENDATION OF THE MAGISTRATE JUDGE TERRY F. MOORER , Magistrate Judge . Plaintiff, a prison inmate, filed this complaint on July 23, 2015. On July 27, 2015, the court directed Defendants to file an answer and written report addressing Plaintiff's claims for relief. In compliance with the court's order, Defendants submitted an answer and written report on October 5, 2015, which contained relevant evidentiary materials refuting the allegations in the complaint. Doc. No. 12. Upon review...
RECOMMENDATION OF THE MAGISTRATE JUDGE TERRY F. MOORER , Magistrate Judge . In the amended complaint filed herein on November 18, 2015, the plaintiff names Dr. Millard McWhorter as a defendant. 1 The plaintiff alleges that Dr. Whorter provided inadequate medical treatment to him for a myriad of health issues suffered during his confinement in the Covington County Jail. On December 10, 2015, counsel for Southern Health Partners, Inc., the contract medical care provider for the jail, filed...
RECOMMENDATION OF THE MAGISTRATE JUDGE CHARLES S. COODY , Magistrate Judge . This 42 U.S.C. 1983 action is pending before the court on a complaint filed by Jimmy Lee Webb ("Webb"), an indigent state inmate, alleging a denial of "his right to `legal kits' by defendant Warden Mason." Complaint — Doc. No. 1 at 3. Pursuant to the orders of this court, the defendant filed a written report supported by relevant evidentiary materials, including affidavits and other documents, in which she...
RECOMMENDATION OF THE MAGISTRATE JUDGE SUSAN RUSS WALKER , Chief Magistrate Judge . This 42 U.S.C. 1983 action is pending before the court on a complaint filed by Curtis Dawson ("Dawson") challenging the lack of a formal grievance procedure at the Ventress Correctional Facility and alleging that correctional officials at this facility failed to protect him from attack by another inmate. Complaint — Doc. No. 1 at 3-7. Pursuant to the orders of this court, the defendants filed a written...
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE GRAY M. BORDEN , Magistrate Judge . Pending before the court is Petitioner David Marrero's Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. 1). 1 After considering the parties' submissions, the record, the applicable law, and for good cause, it is the RECOMMENDATION of the Magistrate Judge that Marrero's 2255 motion be denied without an evidentiary hearing. Rule 8(a), Rules...
RECOMMENDATION OF THE MAGISTRATE JDUGE WALLACE CAPEL, Jr. , Magistrate Judge . I. INTRODUCTION Keith Anton Wilkerson ("Plaintiff") filed an application for supplemental security income under Title XVI of the Act, 42 U.S.C. 1381, et seq., on May 19, 2011. His application was denied at the initial administrative level. Plaintiff then requested and received a hearing before an Administrative Law Judge ("ALJ"). Following the hearing, the ALJ issued a decision finding Plaintiff not...
RECOMMENDATION OF THE MAGISTRATE JUDGE CHARLES S. COODY , Magistrate Judge . In this 42 U.S.C. 1983 action, the pro se plaintiff James H. Shortz ("Shortz") complains in his amended complaint that defendants Phenix City Police Chief and Assistant City Manager Ray Smith ("Smith") and Phenix City-Russell County Library Director Michele Kilday ("Kilday") violated his First Amendment rights when they denied him the use of a meeting room in the Phenix City-Russell County Public Library....
OPINION MYRON H. THOMPSON , District Judge . Pursuant to 42 U.S.C. 1983, plaintiff filed this lawsuit asserting that defendants violated his First Amendment rights when they denied him the use of a meeting room in the Phenix City-Russell County Public Library, which he wanted to use to hold an event explaining the differences between Dr. Martin Luther King, Jr., and Robert E. Lee, whose birthdays were being commemorated on the same day by the library. This lawsuit is now before the court...
OPINION AND ORDER MYRON H. THOMPSON , District Judge . Plaintiff Dorothy McCurdy names Auburn University and several of its employees as defendants. She charges that, on account of her race, the defendants paid her less than other employees doing comparable work, denied her a promotion, and subjected her to a hostile-work environment, all in violation of Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 1981a and 2000e through 2000e-17), and the Civil Rights Act of 1866,...
RECOMMENDATION OF THE MAGISTRATE JUDGE CHARLES S. COODY , Magistrate Judge . In this 42 U.S.C. 1983 action, the pro se plaintiff Fred Johnson ("Johnson") alleges that the defendants used excessive force against him during his arrest in Dothan, Alabama in 2011. The plaintiff names as defendants Greg Benton, Ray Mock, William Kaufman, John Givens and Taiwan Truitt — all employees of the Dothan City Police Department. 1 He also names as a defendant Marc Crews, an employee of the Alabama...
OPINION MYRON H. THOMPSON , District Judge . Pursuant to 42 U.S.C. 1983, the plaintiff, a state inmate, filed this lawsuit complaining that the Dothan City Police Officers who arrested him in 2011 used excessive force in doing so. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that the defendants' motions for summary judgment should be granted in their favor because the plaintiff's claims are barred by the applicable statute of...
ORDER MYRON H. THOMPSON , District Judge . For good cause shown, it is ORDERED that, pursuant to 28 U.S.C. 636, this case is referred to Honorable Paul Greene, United States Magistrate Judge, for consideration and disposition or recommendation on all pretrial matters as may be appropriate.
OPINION AND ORDER MYRON H. THOMPSON , District Judge . The issue presented in this lawsuit charging race discrimination in employment is whether exhibits submitted in support of a motion to enforce a settlement agreement should be unsealed. For reasons that follow, the court will unsealed and make public the exhibits. Plaintiff Dorothy McCurdy, who represents herself, has named Auburn University and several of its employees as defendants. She has charged that, on account of her race, the...
ORDER W. KEITH WATKINS , Chief District Judge . Plaintiff is an inmate in the custody of the Alabama Department of Corrections ("ADOC"). Proceeding pro se, Plaintiff seeks a temporary restraining order and preliminary injunction enjoining ADOC officials "from questioning [him] about any matters already being reviewed within this court[ ]." (Doc. # 31.) The motion for a temporary restraining order is due to be denied, and the motion for preliminary injunction will be referred to the...
ORDER W. KEITH WATKINS , Chief District Judge . Plaintiff is an inmate in the custody of the Alabama Department of Corrections ("ADOC"). Proceeding pro se, Plaintiff seeks a temporary restraining order and preliminary injunction enjoining ADOC officials "from questioning [him] about any matters already being reviewed within this court[ ]." (Doc. # 19.) The motion for a temporary restraining order is due to be denied, and the motion for preliminary injunction will be referred to the...
MEMORANDUM OPINION TERRY F. MOORER , Magistrate Judge . On January 5, 2011, Georgia Mae Taylor ("Plaintiff" or "Taylor") applied for supplemental security income under Title XVI and disability insurance benefits ("DIB") under Title II of the Social Security Act ("the Act"). Plaintiff alleged a disability onset date of December 14, 2010. (Tr. 136-48). Taylor timely filed for and received a hearing before an administrative law judge ("ALJ") who rendered an unfavorable decision on November...
ORDER W. KEITH WATKINS , Chief District Judge . Plaintiffs in these consolidated ERISA cases are former employees of Allstate. Plaintiffs allege that Allstate provided employees with a company-paid retiree life insurance plan that was to provide them with life insurance at no cost after retirement. On or about July 2, 2013, Allstate notified participants that it would no longer pay the premium on the life insurance policies after December 31, 2015. Pending is Plaintiffs' motion for...
MEMORANDUM OPINION AND ORDER W. KEITH WATKINS , Chief District Judge . Before the court is the renewed motion to dismiss filed by Defendants First NBC Bank and HCB Financial Corp. (Doc. # 69.) The motion has been fully briefed. (Docs. # 70, 79, and 81.) Defendants advance multiple theories in support of dismissal, but upon consideration of the relevant factors, the motion is due to be granted for the sole reason that subject-matter jurisdiction is lacking. I. JURISDICTION AND VENUE...
