MEMORANDUM OPINION C. LYNWOOD SMITH, Jr. , District Judge . This case is before the court on a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. 2241. 1 The magistrate judge to whom the case was referred for preliminary review has filed a report and recommendation pursuant to 28 U.S.C. 636(b). 2 The magistrate judge recommended that the action be dismissed without prejudice for lack of jurisdiction because petitioner is challenging the execution of his sentence but...
MEMORANDUM OF OPINION L. SCOTT COOGLER , District Judge . Plaintiff Cahaba Disaster Recovery, LLC ("Cahaba") filed this action against DRC Emergency Services, LLC ("DRC") and Alcentra Capital Corporation ("Alcentra") (collectively "Defendants"). Before the Court is Alcentra's Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction, (Doc. 7), and DRC's motion to transfer venue. (Doc. 4.) For the reasons stated below, Alcentra's motion to dismiss for lack of personal...
MEMORANDUM OPINION VIRGINIA EMERSON HOPKINS , District Judge . The magistrate judge filed his report and recommendation on December 14, 2015, recommending dismissal of petitioner's 28 U.S.C. 2241 petition for habeas corpus relief. (Doc. 10). No objections to the report and recommendation have been filed. The copy of the report and recommendation sent to the petitioner was returned as undeliverable. (Doc. 11). Having now carefully considered de novo all the materials in the court file,...
MEMORANDUM OPINION MADELINE HUGHES HAIKALA , District Judge . The magistrate judge filed a report on December 1, 2015 in which he recommended that the special report of defendants Cunningham and Pope be treated as a motion for summary judgment and that that motion and the motion for summary judgement filed by defendants Arthur and Nevett be granted. (Doc. 24). The magistrate judge advised the parties of their right to file specific written objections to the report and recommendation within...
MEMORANDUM OF OPINION R. DAVID PROCTOR , District Judge . The Magistrate Judge filed a Report and Recommendation on November 19, 2015, recommending the following claims be dismissed without prejudice pursuant to 28 U.S.C. 1915A(b)(1): (1) Plaintiff's requests for injunctive and declaratory relief against Defendants Turley, Hardeman, and Turner for allegedly violating Plaintiff's Fourth Amendment right to be free from unreasonable search and seizure; and (2) Plaintiff's defamation claims...
MEMORANDUM OPINION AND ORDER T. MICHAEL PUTNAM , Magistrate Judge . This cause is before the court on the cross motions for summary judgment filed by the parties. On April 21, 2015, the plaintiff filed his Second Motion for Partial Summary Judgment (Doc. 90), while the defendants filed their Cross Motion for Summary Judgment on May 11, 2015 (Doc. 93). The motions have been fully brief and are ready for consideration. The parties have consented to the exercise of dispositive...
MEMORANDUM OPINION KARON OWEN BOWDRE , Chief District Judge . This case stems from Plaintiff Genia Clark Bowden's allegations that Defendant Rob Cook, a Deputy Sheriff with the Cullman County Sheriff's Department, arrested and strip searched her, in violation of 42 U.S.C. 1983 and state law. Bowden has sued both Deputy Sheriff Cook, in his individual and official capacity, and the Cullman County Commission. Bowden's Complaint, however, has suffered from numerous deficiencies from day...
MEMORANDUM OPINION JOHN E. OTT , Chief Magistrate Judge . This is an employment discrimination case. Plaintiff Orlando Cooper ("Cooper" or "the plaintiff") claims that CLP Corporation, doing business as McDonalds ("CLP" or "the defendant"), is liable under the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12101 et seq. for disability discrimination and a hostile work environment. (Doc. 1 1 ("Complaint" or "Compl.")). The cause comes to be heard on CLP's motion for summary...
MEMORANDUM OPINION SHARON LOVELACE BLACKBURN , SENIOR UNITED STATES DISTRICT JUDGE . This case is before the court on Petition for Injunction under Section 10(j) of the National Labor Relations Act [28 U.S.C. 160(j)], (doc. 1), 1 filed by petitioner, Claude T. Harrell, Jr., the Regional Director of the National Labor Relations Board [NLRB], for and on behalf of the NLRB. Upon consideration of the record, the submissions of the parties, the arguments of counsel, and the relevant law,...
MEMORANDUM OPINION KARON OWEN BOWDRE , Chief District Judge . The magistrate judge filed his report and recommendation on December 2, 2015, recommending dismissal of petitioner's 28 U.S.C. 2241 petition for habeas corpus relief. (Doc. 8). No party filed any objections to the report and recommendation. The copy of the report and recommendation sent to the petitioner was returned as undeliverable, marked "Rel[eased] 11-5-15." (Doc. 9). Having now carefully considered de novo all the...
MEMORANDUM OPINION WILLIAM M. ACKER, Jr. , District Judge . On November 11, 2015, defendants Nationwide Mutual Insurance Company and Nationwide Mutual Fire Insurance Company filed a joint motion to dismiss (Doc. 7) and an amended motion on November 12, 2015 (Doc 9). Plaintiffs Ibrahim Sabbah and Sabbah Brothers Enterprises Inc. d/b/a 14th Street BP filed a response on November 25, 2015. (Doc. 11). Defendants replied on December 9, 2015. (Doc. 12). Having been fully briefed, the motion is...
MEMORANDUM OPINION AND ORDER OF REMAND C LYNWOOD SMITH, Jr. , District Judge . Claimant, Nicole Armstrong, commenced this action on February 20, 2015, pursuant to 42 U.S.C. 405(g), seeking judicial review of a final adverse decision of the Commissioner, affirming the decision of the Administrative Law Judge ("ALJ"), and thereby denying her claim for a period of disability, disability insurance, and supplementary security income benefits. For the reasons stated herein, the court finds...
MEMORANDUM OPINION AND ORDER STACI G. CORNELIUS , Magistrate Judge . This is a civil rights action brought pursuant to 42 U.S.C. 1983 by Geraldine R. James, as personal representative of the Estate of William Dwayne Harris. The defendants, Mark Hudson and the City of Huntsville, removed it to this court from the Circuit Court of Madison County, Alabama on November 24, 2014, pursuant to 28 U.S.C. 1441 and 1446. (Doc. 1). On December 1, 2014, they filed a motion to dismiss pursuant to...
MEMORANDUM OPINION AND ORDER 1 STACI G. CORNELIUS , Magistrate Judge . This is a products liability action removed from the Circuit Court of Jackson County, Alabama by defendants Big Daddy's Outdoors, Inc., and Big Daddy's Fireworks, LLC, on the basis of diversity jurisdiction. (Doc. 1). Defendant Easton Technical Products consented to removal as required by 28 U.S.C. 1446(b)(2)(A). (Doc. 1 at 4; Doc. 2). Big Daddy's Outdoors and Big Daddy's Fireworks allege the plaintiff, Jason...
MEMORANDUM OPINION AND ORDER C LYNWOOD SMITH, Jr. , District Judge . Claimant, Aurealia Kelley Lykes, commenced this action on March 30, 2015, pursuant to 42 U.S.C. 405(g), seeking judicial review of a final adverse decision of the Commissioner, affirming the decision of the Administrative Law Judge ("ALJ"), and thereby denying her claim for a period of disability, disability insurance, and supplemental security income benefits. The court's role in reviewing claims brought under the...
MEMORANDUM OPINION AND ORDER C LYNWOOD SMITH, Jr. , District Judge . This action is before the court on the pro se motion to vacate, set aside, or correct sentence, filed by Shannon Heith Ramey, pursuant to 28 U.S.C. 2255. 1 Mr. Ramey is serving a 180-month sentence imposed by this court following his plea of guilty to possession of a firearm after having been convicted of a felony, in violation of 18 U.S.C. 922(g)(1), as enhanced pursuant to the Armed Career Criminal Act ("ACCA"),...
MEMORANDUM OF DECISION R. DAVID PROCTOR , District Judge . Plaintiff Theadora Armstead filed this action pursuant to Section 205(g) of the Social Security Act (the "Act"), seeking review of the decision of the Commissioner of Social Security ("Commissioner") denying her claims for a period of disability and disability insurance benefits ("DIB"). See 42 U.S.C. 405(g). Based on the court's review of the record and the briefs submitted by the parties, the court finds that the decision of...
MEMORANDUM OPINION JOHN E. OTT , Chief Magistrate Judge . Plaintiff Charles Henry Sullivan IV brings this action pursuant to 42 U.S.C. 405(g), seeking review of the final decision of the Acting Commissioner of Social Security ("Commissioner") denying his applications for disability insurance benefits and Supplemental Security Income ("SSI"). (Doc. 1). 1 The case has been assigned to the undersigned United States Magistrate Judge pursuant to this court's general order of reference. The...
MEMORANDUM OPINION KARON OWEN BOWDRE , Chief District Judge . This matter is before the court on "Sub-Line Associates, Inc.'s Motion to Transfer Venue." (Doc. 8). The Plaintiff responded (doc.10), and Defendant replied (doc. 13); this motion has received thorough briefing. For the reasons stated in this Memorandum Opinion, the court WILL DENY the motion. Both parties agree that 42 U.S.C. 2000e-5(f)(3) provides that a plaintiff may bring Title VII actions "in any judicial district in...
MEMORANDUM OPINION AND ORDER 1 JOHN H. ENGLAND, III , UNITED STATES MAGISTRATE JUDGE . On April 10, 2015, John Hithon ("Hithon") filed his application for attorneys' fees on appeal, along with supporting evidence and affidavits. (Doc. 490). Defendant Tyson Foods, Inc. ("Tyson") responded with objections. (Doc. 492). Hithon replied, along with a motion to strike the attorney affidavits attached to Tyson's response. (Docs. 494 & 495). The motion to strike was subsequently briefed. (Docs....
