ORDER ON PETITION FOR WRIT OF HABEAS CORPUS CALLIE V.S. GRANADE, District Judge. Petitioner, Steven Wayne Hall, Jr., (hereinafter referred to as "Hall" or "Petitioner") initiated this action on October 10, 2007, by filing a Petition for Writ of Habeas Corpus (the "Petition") (Doc. 1) pursuant to 28 U.S.C. 2254. Hall challenges a 1993 state court judgment of conviction for one count of capital murder committed during a burglary in violation of Ala.Code 13A-4-40(a)(4) (1975), entered in...
ORDER KRISTI K. DuBOSE, District Judge. This action is before the Court on the motion for summary judgment, brief in support and exhibits, and suggested determinations of fact and conclusions of law filed by defendants City of Demopolis, Demopolis Police Department, Mayor J. Michael Grayton, Chief of Police Tommie J. Reese, and Sergeant Richard Bryant (docs. 19-21); the response in opposition with exhibits and response to defendants' suggested determination of fact filed by Louis and Ledora...
ORDER KRISTI K. DuBOSE, District Judge. This matter is before the Court on Flexicrew Staffing, Inc. ("Flexicrew")'s Motion for Summary Judgment against Natures Way Marine, LLC ("Natures Way") and Apex, LLC, d/b/a FCC Oilfield Services ("Apex") (Docs. 178-180), Natures Way's Response (Doc. 200), Apex's Response (Doc. 201), Flexicrew's Replies (Docs. 205-206) and Apex's Sur-Reply (Doc. 224); and U.S. Environmental Services, LLC ("USES")'s Motion for Summary Judgment against Natures Way and Apex...
ORDER WILLIAM H. STEELE, Chief Judge. This matter comes before the Court on a trio of Rule 56 motions styled Plaintiff's Motion for Summary Judgment (doc. 46), Seaport Marine Inc.'s Motion for Summary Judgment (doc. 48), and Odyssea Marine Inc.'s Motion for Summary Judgment (doc. 68). These cross-motions, all of which turn on the same narrow question, have been extensively briefed and are now ripe for disposition. I. Nature of the Case. Plaintiff, Wilbur Smith, initiated this putative...
ORDER KRISTI K. DuBOSE, District Judge. This action is before the Court on the Motion for Partial Summary Judgment (Doc. 58) filed by Plaintiff KTK Mining of Virginia, LLC ("KTK") and the Motion for Summary Judgment (Doc. 57) filed by the Defendant City of Selma, Alabama ("the City") along with the various briefs and exhibits (Doc. 59-61, 63-1, 67-73) in support of or opposition to same. The motions have been taken under submission ( see Docs. 62, 78) and are ripe for adjudication. Upon...
ORDER KRISTI K. DuBOSE, District Judge. This matter is before the Court on Defendant Hudson's Motion for Summary Judgment (Docs. 30-31), Plaintiff's Response (Docs. 43-44), and Hudson's Reply (Doc. 47); and Defendant Colony's Motion for Summary Judgment (Docs. 38-39), Plaintiff's Response (Doc. 48), and Defendant's Reply (Doc. 49). I. Findings of Fact 1 & Procedural Background On the evening of November 8, 2009, Plaintiff Marcus Robinson ("Robinson") joined a group of friends at a...
ORDER KRISTI K. DuBOSE, District Judge. After due and proper consideration of the issues raised, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) and dated September 11, 2013, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Defendants' Motion to Dismiss (Doc. 30) is GRANTED in part and DENIED in part as follows: GRANTED as to Plaintiff Dusty Feller's asserted claim of standing, Count...
ORDER CALLIE V.S. GRANADE, District Judge. On August 16, 2013, Magistrate Judge Bivins submitted a report and recommendation (Doc. 24) on Defendants' motion to dismiss (Doc. 10). Judge Bivins recommended that the court dismiss all Plaintiff's claims except her claim for breach of contract. Plaintiff did not object, but Defendants did. The matter comes before the court on Defendants' objection to Judge Bivins's recommendation on the contract claim. (Doc. 25.) The contract at issue is a...
ORDER WILLIAM H. STEELE, Chief District Judge. This matter is before the Court on the defendants' motion for summary judgment. (Doc. 54). The parties have filed briefs and evidentiary materials in support of their respective positions, (Docs. 55-57, 78-81, 83), and the motion is ripe for resolution. After careful consideration, the Court concludes that the motion is due to be denied. BACKGROUND According to the complaint, (Doc. 1), the seven plaintiffs are African-Americans who are or were...
ORDER CALLIE V. S. GRANADE, District Judge. After due and proper consideration of the issues raised, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) is adopted as the opinion of this Court. Accordingly, it is ORDERED that Petitioner's Motion to Vacate (Doc. 78) be DENIED and that this action be DISMISSED. It is further ORDERED that any certificate of appealability filed by Petitioner be DENIED as she is not...
REPORT AND RECOMMENDATION BERT W. MILLING, Jr., Magistrate Judge. Pending before the Court is Petitioner's Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255 (Doc. 78). This action was referred to the undersigned Magistrate Judge for report and recommendation pursuant to 28 U.S.C. 636(b) and Rule 8(b) of the Rules Governing Section 2255 Cases. It is now ready for consideration. The record is adequate to dispose of this matter; no evidentiary hearing is required. It is...
ORDER KRISTI K. DuBOSE, District Judge. After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection (Doc. 73) is made, the Report and Recommendation (Doc. 69) of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) and dated July 24, 2013, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the Defendants' Motion for...
REPORT AND RECOMMENDATION SONJA F. BIVINS, Magistrate Judge. Plaintiff, an Alabama prison inmate proceeding pro se and in forma pauperis, filed a complaint under 42 U.S.C. 1983. This action was referred to the undersigned pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 72.2(c)(4), and is now before the Court on Defendants Tony Patterson, Donny Myers, and Silvia Hicks' Motion for Summary Judgment (Docs. 31, 32, 38, 47), and Plaintiff's response in opposition (Doc. 64). For the...
ORDER WILLIAM H. STEELE, Chief District Judge. This matter comes before the Court on a filing addressed to the undersigned and styled "Judicial Complaint" (doc. 144). The gravamen of this document is a request by pro se plaintiff, Timothy Jones, that the undersigned, in his capacity as Chief Judge of the United States District Court for the Southern District of Alabama, take action against U.S. District Judge Kristi DuBose, to whom this case has been assigned since its inception. As Jones...
ORDER KATHERINE P. NELSON, Magistrate Judge. Before the Court is Defendant State Farm Fire and Casualty Company's motion to compel (Doc. 71) the plaintiffs to pay $441.50 related to the deposition of Joel Wehrman, P.E., who was disclosed by State Farm as an expert witness pursuant to Rule 26(a)(2) on April 19, 2013 ( see Doc. 32) and noticed for deposition by the plaintiffs ( see Doc. 37) on May 17, 2013. On August 28, 2013, the Court issued an order (Doc. 72) allowing the plaintiffs one...
ORDER KRISTI K. DuBOSE, District Judge. After due and proper consideration of all issues raised, and there having been no objections filed, the Report and Recommendation (Doc. 24) of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) and dated August 22, 2013, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Plaintiff's Application for Attorney Fees under the Equal Access to Justice Act (Doc. 21) is GRANTED such that Plaintiff is awarded attorney's fees in...
REPORT AND RECOMMENDATION WILLIAM E. CASSADY, Magistrate Judge. This matter is before the Court on the plaintiff's application for attorney fees under the Equal Access to Justice Act (the "EAJA") and reimbursement of her filing fee under 28 U.S.C. 2412(a)(1) & (d)(1)(A). (Doc. 21.) The plaintiff has attached to her application for fees a document titled "Limited Power of Attorney" in which the plaintiff authorizes her attorney to apply for EAJA fees and to have those fees paid directly to...
ORDER CHARLES R. BUTLER, Jr., Senior District Judge. This matter is before the Court on the Report and Recommendation of the Magistrate Judge recommending that summary judgment be granted in favor of Nicole Steele, the only remaining defendant. (Doc. 124.) Plaintiff has not filed an objection to the Report and Recommendation. He has, however, filed a motion to transfer the case to the "district where case and warrant . . . was signed (sic)." (Doc. 125.) 1 The motion to transfer is denied...
REPORT AND RECOMMENDATION SONJA F. BIVINS, Magistrate Judge. Plaintiff Clarence Luker, an Alabama prison inmate proceeding pro se and in forma pauperis , filed the instant action under 42 U.S.C. 1983. This action was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 72.2(c)(4), and is now before the Court on Defendant's Motion for Summary Judgment (Docs. 55, 91, 109) 2 . Upon review, the undersigned finds that the motion has been fully...
ORDER WILLIAM H. STEELE, Chief District Judge. After due and proper consideration of the issues raised, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) is adopted as the opinion of this Court. It is ORDERED that Petitioner's Motion to Vacate (Doc. 62) be DENIED and that this action be DISMISSED. It is further ORDERED that any certificate of appealability filed by Petitioner be DENIED as he is not entitled to appeal in...
