OPINION AND ORDER MYRON H. THOMPSON , District Judge . It is ORDERED that defendant Gary C. Lovelady's motion to modify restitution pursuant to Rule 32 of the Federal Rules of Criminal Procedure (doc. no. 37), in which he seeks the cancellation of his remaining restitution based on a settlement with the victim, is denied. * * * Restitution is mandatory in defendant Lovelady's case, because he was convicted of mail fraud. See United States v. Yeager, 331 F.3d 1216 , 1227 (11th Cir....
RECOMMENDATION OF THE MAGISTRATE JUDGE GRAY M. BORDEN , Magistrate Judge . I. INTRODUCTION This case is before the court on a pro se petition for writ of habeas corpus under 28 U.S.C. 2254 (Doc. 1) filed by Alabama inmate Nathan S. Casey, Jr. on February 16, 2016. Casey, who was convicted in the Montgomery County Circuit Court of first-degree robbery in 1982, contends that the trial judge who presided over his 2002 resentencing acted vindictively when sentencing him to life in prison...
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE TERRY F. MOORER , Magistrate Judge . This matter is pending before the Court on Defendants' Motion to Dismiss (Doc. 30) and Plaintiff's Response (Doc. 34). 1 Pursuant to 28 U.S.C. 636(b) (1) this case was referred to the undersigned United States Magistrate Judge for consideration and disposition or recommendation on all pretrial matters. (Doc. 3). I. INTRODUCTION Plaintiff, who is proceeding pro se, filed this action for breach of...
REPORT AND RECOMMENDATION 1 DAVID A. BAKER , Magistrate Judge . This matter is before the court on Metropolitan Life Insurance Company's (MetLife) Motion for Dismissal. (Doc. 27). Defendants do not oppose dismissal of MetLife. (Docs. 28, 29). For the reasons that follow, the undersigned Magistrate recommends MetLife be dismissed with prejudice from this action. This case was initiated by MetLife with the filing of a Complaint in Interpleader brought pursuant to Rule 22 of the Federal...
DISPOSITION ORDER MYRON H. THOMPSON , District Judge . A writ of continuing garnishment has been issued and served upon garnishee Wellborn Cabinet, Inc. Pursuant to the writ, garnishee Wellborn Cabinet filed an answer on November 15, 2017, stating that at the time of the service of the writ, that it employs defendant Vicki J. Goodson and will withhold from defendant Goodson's wages or salary the amount required by law on a weekly basis. Defendant Goodson was notified of her right to a...
ORDER W. KEITH WATKINS , Chief District Judge . On December 15, 2017, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. # 20.) Upon an independent review of the record and upon consideration of the Recommendation, it is ORDERED that the Recommendation is ADOPTED. Accordingly, it is ORDERED that Defendant's motion to suppress (Doc. # 14) is DENIED.
RECOMMENDATION OF THE MAGISTRATE JUDGE SUSAN RUSS WALKER , Magistrate Judge . This case is before the court on defendant Willie Frank Martin's motion to suppress. Doc. 14. Defendant argues in the motion, inter alia , that all evidence obtained as a result of the search warrant 1 issued by Houston County district court judge Benjamin H. Lewis, which was executed at defendant's residence on May 10, 2017, is due to be suppressed because the affiant who secured the warrant — Sergeant Scott...
OPINION MYRON H. THOMPSON , District Judge . Defendant Jeremy Walker pled guilty to one count of deprivation of civil rights in violation of 18 U.S.C. 242. At his sentencing, the court granted both his and the government's motions for a downward variance, but did not accept either party's proposed sentence. Instead, Walker was sentenced to four weekends imprisonment and six months home-confinement. This opinion explains why. 1. BACKGROUND In 2012, Walker tried to commit suicide. The 21-...
MEMORANDUM OPINION AND ORDER W. Keith Watkins , CHIEF UNITED STATES DISTRICT JUDGE . I. INTRODUCTION Under Alabama law, an individual of voting age who commits a "felony involving moral turpitude" forfeits his or her right to vote. Ala. Const. art. VIII, 177(b). Restoration of the right to vote is available only after the felon has completed all the terms of his or her sentence, which includes full payment of all fines, court costs, fees, and restitution. Ala. Code 15-22-36.1 (2016)....
JUDGMENT MYRON H. THOMPSON , District Judge . Pursuant to the joint stipulation of dismissal (doc. no. 37), it is the ORDER, JUDGMENT, and DECREE of the court that defendants Bullock County Commission, Ronald Smith, Alonzo Ellis, Jr., Dock McGowan, James Perry, and Johnny Adams are dismissed without prejudice and terminated as parties, with costs taxed as paid. All claims against defendant Raymond "Buck" Rodgers remain pending. It is further ORDERED that the motion to dismiss (doc. no. 20)...
MEMORANDUM OPINION AND ORDER TERRY F. MOORER , Magistrate Judge . This action is assigned to the undersigned magistrate judge to conduct all proceedings and order entry of judgment by consent of all the parties (Docs. 12-13, filed 11/6/17) and 28 U.S.C. 636(c). Pending before the Court is Plaintiff's Motion to Remand (Doc. 7, filed 9/20/17). The motion has been fully briefed and is ripe for review. Having considered the motion, response, and relevant law, the Court finds the motion to...
ORDER SUSAN RUSS WALKER , Magistrate Judge . This matter is before the court on plaintiff's unopposed motion for an award of attorney's fees and costs (Doc. 17) pursuant to the Equal Access to Justice Act (EAJA). Upon consideration, and for good cause, it is hereby ORDERED that the motion for attorney's fees (Doc. 17) is GRANTED. Plaintiff is awarded attorney's fees and costs under the EAJA in the total amount of $2,338.16. The attorney's fees will be paid directly to plaintiff and sent...
ORDER MYRON H. THOMPSON , District Judge . Upon consideration of the opinion of the United States Court of Appeals for the Eleventh Circuit entered on November 3, 2017 (doc. no. 60), affirming the judgment entered on February 23, 2017 (doc. no. 48), and the mandate of the United States Court of Appeals for the Eleventh Circuit issued on December 4, 2017, and received in the office of the clerk of this court on December 4, 2017 (doc. no. 61), it is the ORDER, JUDGMENT, and DECREE of the...
OPINION AND ORDER MYRON H. THOMPSON , District Judge . In response to defendant's motion to dismiss, plaintiff repeatedly moved for leave to conduct jurisdictional discovery. The court denied those motions for discovery, but in so doing, explained that "[i]f it should appear that the dispositive motion cannot be resolved without discovery, the court will then allow discovery." Order (doc. no. 29). In its motion to dismiss, defendant asserts that it is entitled to the discretionary function...
JUDGMENT MYRON H. THOMPSON , District Judge . Upon consideration of the joint motion of plaintiff Robertson Excavation, Inc. (REI) and defendant Dale County Water Authority (DCWA) to dismiss REI's claims against DCWA (doc. no. 53), it is ORDERED that the motion is granted, and all claims against defendant DCWA are dismissed with prejudice, with REI and DCWA to each bear its own costs. (DWCA remains a party to this action on its cross-claim against defendant CDG Engineers and Associates.)...
ORDER ON REPORT AND RECOMMENDATION CLAY D. LAND , District Judge . After a de novo review of the record in this case, the Report and Recommendation filed by the United States Magistrate Judge on September 5, 2017, is hereby approved, adopted, and made the Order of the Court. The objections of the Petitioner to the Report and Recommendation have been considered and are found to be without merit. Accordingly, for the reasons stated in the Report and Recommendation, Defendants, Abbett,...
OPINION AND ORDER MYRON H. THOMPSON , District Judge . This lawsuit, which was removed from state to federal court based on diversity-of-citizenship jurisdiction, 28 U.S.C. 1332, 1441, & 1446, is now before the court on plaintiffs' motion to remand. "In a removal case alleging fraudulent joinder, the removing party has the burden of proving that either: (1) there is no possibility the plaintiff can establish a cause of action against the resident defendant; or (2) the plaintiff has...
ORDER CLAY D. LAND , Chief District Judge . Plaintiff Shawanna Boyd brought this race discrimination and retaliation action against her employer, the Randolph County Board of Education ("School District"), under 42 U.S.C. 1981 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. ("Title VII"). The School District moved for summary judgment on all of Boyd's claims, and the Magistrate Judge issued a Report and Recommendation recommending that the summary judgment...
FINAL JUDGMENT MYRON H. THOMPSON , District Judge . Upon consideration of plaintiff's motion for entry of final judgment and for dismissal of all remaining claims pursuant to Federal Rule of Civil Procedure 41(a)(2) (doc. no. 74), it is ORDERED that the motion is granted as follows: (1) All remaining claims against the defendant James Munford and all claims against defendant Jeffrey Easley are dismissed, with costs taxed as paid. (2) The partial judgment previously entered (doc. no. 62)...
ADDITIONAL PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM MYRON H. THOMPSON , District Judge . Previously, on June 27, 2017, the court in its liability opinion, Braggs v. Dunn, 257 F.Supp.3d 1171, 1267-68 (M.D. Ala. 2017) (Thompson, J.), identified eight "contributing factors" to the defendants' violation of the Eighth Amendment in their provision of mental-health care to inmates. Three of those factors were set for in seriatim hearings. See Phase 2A Revised...
