RECOMMENDATION OF THE MAGISTRATE JUDGE GRAY M. BORDEN , Magistrate Judge . Petitioner Perry Demon Parrish, an inmate of the Alabama Department of Corrections, filed this petition for habeas corpus relief pursuant to 28 U.S.C. 2254, challenging his convictions and sentences in the Circuit Court for Covington County, Alabama, on seven counts of first-degree sodomy, six counts of first-degree sexual abuse, and four counts of sexual abuse of a child under 12 years of age. Docs. 1 & 10. For...
RECOMMENDATION OF THE MAGISTRATE JUDGE CHARLES S. COODY , Magistrate Judge . Jesse Wadsworth, an indigent inmate, initiated this 42 U.S.C. 1983 action in which he challenges conditions at the Elmore County Jail. Upon review of the complaint, the court issued orders granting Wadsworth leave to proceed in forma pauperis (Doc. 3) and requiring a response to the complaint from the defendants (Doc. 4). The Clerk mailed a copy of each order to Wadsworth at the Elmore County Jail — the last...
RECOMMENDATION OF THE MAGISTRATE JUDGE WALLACE CAPEL, JR. , Chief Magistrate Judge . I. INTRODUCTION This 42 U.S.C. 1983 action is pending before the court on a complaint filed by Jaylin Toles, Sr., an inmate incarcerated at the Dale County Jail at the time he initiated this case. In this case, Toles challenges the nutritional adequacy of the meals served to inmates in the jail. Doc. 1 at 2-3. Toles names Wally Olson, the Sheriff of Dale County, as the sole defendant in this cause of...
RECOMMENDATION OF THE MAGISTRATE JUDGE GRAY M. BORDEN , Magistrate Judge . I. INTRODUCTION This case is before the court on a 28 U.S.C. 2241 petition for writ of habeas corpus filed by Thaddeus Richardson, a federal inmate confined at the Montgomery Federal Prison Camp. In this petition, Richardson challenges the constitutionality of a disciplinary action imposed upon him for attempted introduction of contraband into a correctional facility in December 2013 during his confinement at FPC...
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE SUSAN RUSS WALKER , Magistrate Judge . On February 28, 2017, Plaintiff, an inmate at Bullock County Correctional Facility, filed this action seeking judicial review of a decision by the Social Security Administration that he was no longer entitled to Supplemental Security Income (SSI) under Title XVI of the Social Security Act because he was incarcerated. (Doc. 1). 1 On March 20, 2018, Defendant filed a motion to dismiss the complaint on...
REPORT AND RECOMMENDATION DAVID A. BAKER , Magistrate Judge . Plaintiff, Cantrice Gray, sues Defendant, Aetna Life Insurance Company, ("Aetna") in a single-count complaint seeking to enforce her rights and recover benefits as the beneficiary to supplemental life insurance benefits under a policy of group life insurance issued by Aetna. (Doc. 1). All claims are brought pursuant to the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. 1001, et seq. ("ERISA"). This...
ORDER GRAY M. BORDEN , Magistrate Judge . Before the court is Plaintiff's Motion for Stay and Extensions. Doc. 17. In light of the federal government shutdown, Plaintiff represents that it is prohibited from litigating this matter until normal operations resume. Doc. 17. Accordingly, for good cause and with Defendant's consent, the motion (Doc. 17) is GRANTED and this matter is STAYED. All pending deadlines are continued generally until further order of the court. It is further ORDERED...
CONSENT JUDGMENT AND ORDER GRAY M. BORDEN , Magistrate Judge . In accordance with the Joint Motion for Entry of Consent Judgment (Doc. 16), filed December 21, 2018, Plaintiff Southern Pioneer Property & Casualty Insurance Company ("Southern Pioneer") and Defendant Terry Newsome d/b/a Chazz Automotive ("Newsome") (collectively "the parties") agree to resolve all matters in this action, and consent to entry of a Judgment and Order by this court. Pursuant to 28 U.S.C. 636(c) and Federal...
JUDGMENT MYRON H. THOMPSON , District Judge . In accordance with the opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plaintiff Scottsdale Insurance Company's motion to strike (doc. no. 33) is denied. (2) Defendants Terry Baity's and Tiffany Miller's motions to dismiss (doc. nos. 8 and 15) are granted as to them and as to defendant Calhoun Hunting Club and Lounge. (3) This case is dismissed in its entirety without prejudice, with no costs...
OPINION Myron H. Thompson , UNITED STATES DISTRICT JUDGE . Plaintiff Scottsdale Insurance Company filed a complaint against defendants Calhoun Hunting Club and Lounge, Terry Baity, and Tiffany Miller, seeking a declaration that the insurance company had no duty to defend or indemnify the club and Baity (the club's owner) in a lawsuit brought by Miller in state court. This matter is now before the court on Baity's and Miller's motions to dismiss for lack of subject-matter jurisdiction....
MEMORANDUM OPINION AND ORDER W. KEITH WATKINS , Chief District Judge . Petitioner Tony Barksdale filed this federal habeas corpus action pursuant to 28 U.S.C. 2254 challenging his November 1996 Tallapoosa County conviction for capital murder and sentence of death. For the reasons set forth below, Petitioner is not entitled to either habeas corpus relief or a Certificate of Appealability. 1 I. BACKGROUND A. The Offense and Aftermath Late on the afternoon of December 1, 1995,...
ORDER MYRON H. THOMPSON , District Judge . This matter is before the court on the parties' joint motion to remand this case to the Circuit Court of Montgomery County. Upon consideration of the motion, the court concludes that it lacks subject-matter jurisdiction, and that the motion should be granted. Accordingly, it is the ORDER, JUDGMENT, and DECREE of the court that the joint motion to remand (doc. no. 6) is granted and that, pursuant to 28 U.S.C. 1447(c), this cause is remanded to...
JUDGMENT MYRON H. THOMPSON , District Judge . Pursuant to the joint stipulation of dismissal (doc. no. 42), it is the ORDER, JUDGMENT, and DECREE of the court that this cause is dismissed in its entirety with prejudice and with costs taxed as paid. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. A copy of this checklist is available at the website for the...
ORDER MYRON H. THOMPSON , District Judge . Upon consideration of the probation officer's petition for early termination of probation for defendant Anthony Brien Cornett (doc. no. 33), and based on his compliance with all terms of supervised release, his stable residence and employment, and his community service with Hope Inspired Ministries, and based on the government's response that it does not oppose early termination, it is ORDERED that: (1) The petition is granted. (2) Defendant...
OPINION AND ORDER MYRON H. THOMPSON , District Judge . Plaintiff The Cone Insurance Company, Inc., filed this lawsuit in state court against defendants Auto Owners Insurance Company and Beavers Restaurant Group, Inc., seeking both a declaratory judgment that Cone Insurance is not responsible for certain insurance premiums that Auto Owners drafted from its account, and an order that Auto Owners refund the premiums; in addition, or in the alternative, Cone Insurance seeks compensation from...
OPINION AND ORDER MYRON H. THOMPSON , District Judge . This court adjudged defendant Johnny Newman guilty of three violations of supervised release for testing positive for marijuana. Newman proposed that he be sentenced to six days of imprisonment for these past three violations—to be served in three two-night spans when he is not working—and that, for any future positive drug test, the court sentence him based on the "swift and certain" model of punishment pioneered by Hawaii's...
MEMORANDUM OF OPINION AND ORDER L. SCOTT COOGLER , District Judge . The defendant has filed a motion to suppress. (Doc. 20.) The magistrate judge filed a report and recommendation, recommending that the motion be denied. (Doc. 26.) The defendant objected. (Doc. 33.) Having now carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation and the objections thereto, the Court is of the opinion that the report is due to be and...
MEMORANDUM OPINION AND ORDER W. KEITH WATKINS , Chief District Judge . This is a products liability action arising under Alabama law. Plaintiff Karen Elizabeth Zuanich suffered injuries in a single-car accident when a tire blew on the leased vehicle she was driving. Zuanich and her husband, August A. Zuanich, brought claims of negligence, wantonness, Alabama Extended Manufacturer's Liability Doctrine (AEMLD), breach of express and implied warranty, fraud, loss of consortium, and others,...
ORDER GRAY M. BORDEN , Magistrate Judge . This cause is before the court on a Joint Motion to Approve the Settlement Agreement and to Dismiss Action with Prejudice. Doc. 11. Pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73, the parties have consented to the jurisdiction of the undersigned United States Magistrate Judge. Docs. 13 & 14. Upon review of the Joint Motion to Approve the Settlement Agreement (Doc. 11), and the Settlement Agreement submitted to the court (...
ORDER MYRON H. THOMPSON , District Judge . It is ORDERED that the government's motion to dismiss the original indictment as to defendants G. Ford Gilbert and Martin J. Connors (doc. no. 185) is denied as unnecessary. By order entered on August 9, 2018 (doc. no. 106), the court granted an identical motion (doc. no. 105). During the conference call on December 17, 2018, the court incorrectly suggested that the issue was still pending and unresolved.
