CONSENT JUDGMENT KRISTINE G. BAKER, District Judge. Before the Court is the complaint of Combined Insurance Company of America ("Combined"), against David W. Thomas (referred to herein as "Mr. Thomas") and Deborah Thomas (referred to herein as "Ms. Thomas") (in case no. 3:12-cv-254 SWW) seeking a money judgment and other equitable relief. Also pending before the Court is the adversary proceeding complaint to determine the dischargeability of Combined's claims against Ms. Thomas in accordance...
PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS JOE J. VOLPE, Magistrate Judge. The following recommended disposition has been sent to United States District Judge J. Leon Holmes. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one...
Recommended Disposition H. DAVID YOUNG, Magistrate Judge. Instructions The following recommended disposition will be sent to U.S. District Judge J. Leon Holmes. A party to this dispute may file and serve written objections to this recommendation. An objection must be specific and state the factual and/or legal basis for the objection. An objection to a factual finding must identify the finding and the evidence supporting the objection. Objections must be filed with the clerk of the court no...
RECOMMENDED DISPOSITION BETH DEERE, Magistrate Judge. I. Procedures for Filing Objections: This Recommended Disposition ("Recommendation") has been sent to Chief United States District Judge Brian S. Miller. Any party may file written objections to this Recommendation. Objections must be specific and must include the factual or legal basis for the objection. An objection to a factual finding must identify the finding of fact believed to be wrong and describe the evidence that supports...
Recommended Disposition J. THOMAS RAY, Magistrate Judge. Instructions The following recommended disposition was prepared for U.S. District Judge Susan W. Wright. A party to this dispute may file written objections to this recommendation. An objection must be specific and state the factual and/or legal basis for the objection. An objection to a factual finding must identify the finding and the evidence supporting the objection. Objections must be filed with the clerk of the court no later...
PROPOSED FINDINGS AND RECOMMENDATIONS H. DAVID YOUNG, Magistrate Judge. INSTRUCTIONS The following recommended disposition has been sent to United States District Court Judge Brian S. Miller. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original...
Recommended Disposition H. DAVID YOUNG, Magistrate Judge. Instructions The following recommended disposition will be sent to U.S. District Judge James M. Moody, Jr. A party to this dispute may file and serve written objections to this recommendation. An objection must be specific and state the factual and/or legal basis for the objection. An objection to a factual finding must identify the finding and the evidence supporting the objection. Objections must be filed with the clerk of the...
FINDINGS AND RECOMMENDATION H. DAVID YOUNG, Magistrate Judge. INSTRUCTIONS The following findings and recommendation have been sent to United States District Judge D. P. Marshall Jr. Any party may serve and file written objections to these findings and recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An...
ORDER D.P. MARSHALL, Jr., District Judge. After de nova review, the Court adopts Judge Young's well-reasoned recommendation. No. 27; FED. R. CIV. P. 72(b)(3). Nelson's objections, No. 28, are overruled. No certificate of appealability will issue because Nelson hasn't made a substantial showing of a violation of a constitutional right. 28 U.S.C. 2253(c)(2). So Ordered.
ORDER JOE J. VOLPE, Magistrate Judge. On December 16, 24, and 29, 2014, copies of documents mailed to Plaintiff at his last-known address, were returned to Sender (Doc. Nos. 25, 28, 30-31). Pursuant to Local Rule 5.5(c)(2), a pro se plaintiff must promptly notify the Clerk of the Court and other parties of any change in his address, and must monitor the progress of the case and prosecute it diligently. Furthermore, the Local Rule provides for the dismissal without prejudice of any action...
ORDER D.P. MARSHALL Jr., District Judge. I recuse. As with my colleagues, my working relationships with the parties prevent me from presiding impartially in this case. The Clerk shall reassign this case at random by chip exchange. So Ordered.
ORDER ANGELA BARROW, Magistrate Judge. Defendant Dr. Angela Barrow appeared for plea and arraignment on December 30, 2014. Defendant remains on the current standard conditions of release previously imposed, and no additional conditions are necessary. Supervision by the pretrial services office is not required. IT IS SO ORDERED.
ORDER ROBERT BARROW, Magistrate Judge. Defendant Dr. Robert Barrow appeared for plea and arraignment on December 30, 2014. Defendant remains on the current standard conditions of release previously imposed, and no additional conditions are necessary. Supervision by the pretrial services office is not required. IT IS SO ORDERED.
ORDER D.P. MARSHALL Jr., District Judge. 1. Humes asks for a stay until the Arkansas Supreme Court revisits the Earls case, No. 14, while LVNV Funding seeks a ruling on its comprehensive motion to dismiss. The Court appreciates the supplemental briefing on Rooker-Feldman. The Court sees no sufficient reason to put the case on hold. 2. First, Humes lacks Article III standing, a jurisdictional essential. He was not incarcerated when LVNV sued on the debt. So his injuries from the...
ORDER D.P. MARSHALL, Jr., District Judge. Patton moves for entry of default judgment against PLS Capital Group, Inc. PLS appears to have been properly served in July 2011. No. 8. More than four months have passed. PLS has not answered or appeared. The motion, No. 11, is therefore granted as modified. The Court will enter judgment for Patton for $1,000.00 in statutory damages, $1,000.00 in actual damages, $400.00 in costs, and $1,500.00 in attorney fees. The Court can't tax the $295.00...
ORDER JOE J. VOLPE, Magistrate Judge. Before the Court is Plaintiff's Application for Attorney's Fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412. The Commissioner responded and offered no objection to the fees requested. So, after careful consideration of the Motion and Response, the Court finds: 1. The hours spent by counsel were reasonable. Therefore the Court approves attorney fees and costs in the amount of $2,094.62 (8.8 attorney hours at $191 per hour, 5.25...
ORDER BILLY ROY WILSON, District Judge. The Court has reviewed the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed, and the time for doing so has passed. After careful consideration, the Proposed Findings and Partial Recommended Disposition is approved and adopted in their entirety as this Court's findings in all respects. Accordingly, Plaintiff's Motion for Preliminary Injunction (Doc. No. 20) is...
ORDER D. P. MARSHALL, Jr., District Judge. The Court vacates its request for a redline of the proposed amended complaint, No. 108, and looks forward to hearing more soon about the status of plaintiffs' claims. So Ordered.
MEMORANDUM OPINION AND ORDER JOE J. VOLPE, Magistrate Judge. Plaintiff, Karla Newboles, appeals the final decision of the Commissioner of the Social Security Administration denying her claims for disability insurance benefits under Title II of the Social Security Act and for supplemental security income benefits under Title XVI of the Act. For reasons set out below, the decision of the Commissioner is AFFIRMED. I. BACKGROUND On September 10, 2008, Ms. Newboles protectively filed for...
ORDER D.P. MARSHALL, Jr., District Judge. Considering all evidence of record in a light most favorable to Cobb, the Court grants the motion for summary judgment. Cobb hasn't demonstrated a genuine issue of material fact about whether any of the Defendants were deliberately indifferent to his health and safety. Farmer v. Brennan, 511 U.S. 825 , 834 (1994). Smith took several steps to remedy the mold problems: sending staff to mold remediation training, repairing leaking pipes, washing walls...
