ORDER TIMOTHY L. BROOKS , District Judge . Now pending before the Court is the Report and Recommendation (Doc. 53) of Chief United States Magistrate Judge Erin L. Wiedemann, filed on February 26, 2020. The time to object has now passed, and no objections were filed. Accordingly, IT IS ORDERED that the Report and Recommendation (Doc. 53) is ADOPTED IN ITS ENTIRETY, and Defendant's pro se Motion Requesting Jail Credit for Days Spent in Federal Custody Upon Arrest and Through...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ERIN L. WIEDEMANN , Chief Magistrate Judge . Currently before the undersigned is the Defendant's pro se Motion Requesting Jail Credit for Days Spent in Federal Custody Upon Arrest and Through Sentencing (Doc. 51). The undersigned, being well and sufficiently advised, finds and recommends as follows: On February 17, 2017, a judgment was entered sentencing the Defendant to 78 months imprisonment after he pled guilty to the offense of aiding...
OPINION AND ORDER P.K. HOLMES, III , District Judge . Through counsel, Defendant Johnnie Copeland filed a motion (Doc. 220) to reconsider the denial of her previous motion to alter or amend the judgment. The Court construes this as a motion seeking relief from a prior order pursuant to Federal Rule of Civil Procedure 60(b). See Peterson v. The Travelers Indem. Co., 867 F.3d 992 , 997 (8th Cir. 2017). The precedent cited in support of the pending motion (which unfortunately was not...
ORDER SUSAN O. HICKEY , Chief District Judge . Before the Court is Defendant's Motion of Extraordinary Circumstances for a Heading, Reducing of the Supervised Release to 29 Months. 1 (ECF No. 175). The Court finds that no response is necessary and that this matter is ripe for consideration. BACKGROUND On February 16, 2017, Defendant was found guilty of one count of Theft Concerning Programs Receiving Federal Funds in violation of 18 U.S.C. 666(1)(1)(A). The Court subsequently...
ORDER SUSAN O. HICKEY , Chief District Judge . Before the Court is the Report and Recommendation filed January 30, 2020, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 46. Judge Bryant recommends that the Court grant Separate Defendant Pamela Fisk's Motion to Dismiss (ECF No. 17) and dismiss all claims against her. Plaintiff has responded with objections. ECF No. 55. The Court finds the matter ripe for consideration. On...
ORDER SUSAN O. HICKEY , Chief District Judge . Before the Court is Defendant Jamondo Lewis's Motion for Sentencing Reduction under the First Step Act Provision. (ECF No. 2114). The Court finds that no response is necessary and that the matter is ripe for consideration. I. BACKGROUND On August 2, 2012, Defendant pleaded guilty to one count of conspiracy to distribute more than 280 grams of cocaine base, in violation of 21 U.S.C. 841(a)(1), (b)(1)(A)(iii), and 21 U.S.C. 846. On June...
JUDGMENT P.K. HOLMES, III , District Judge . Pursuant to the Order entered in this case on this date, IT IS CONSIDERED, ORDERED, and ADJUDGED that the decision of the Administrative Law Judge is AFFIRMED, and Plaintiff's Complaint is DISMISSED WITH PREJUDICE. IT IS SO ORDERED.
ORDER P.K. HOLMES, III , District Judge . The Court has received proposed findings and recommendations (Doc. 17) from United States Magistrate Judge Mark E. Ford. There have been no objections. After careful review, the Court concludes that the findings and recommendations should be, and hereby are, approved and adopted as this Court's findings in all respects in their entirety. Judgment will be entered accordingly. IT IS SO ORDERED.
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARK E. FORD , Magistrate Judge . Plaintiff, Jephte Aguilar, brings this action under 42 U.S.C. 405(g), seeking judicial review of a decision of the Commissioner of Social Security Administration ("Commissioner") denying his claims for a period of disability and disability insurance benefits ("DIB") under Title II of the Social Security Act (hereinafter "the Act"), 42 U.S.C. 423(d)(1)(A). In this judicial review, the court must determine...
JUDGMENT BARRY A. BRYANT , Magistrate Judge . Comes now the Court on this the 18th day of March 2020, in accordance with the Memorandum Opinion entered in the above-styled case on today's date, and hereby considers, orders, and adjudicates that the decision of the Commissioner of the Social Security Administration is AFFIRMED and Plaintiff's Complaint is hereby dismissed with prejudice. IT IS SO ORDERED.
MEMORANDUM OPINION BARRY A. BRYANT , Magistrate Judge . Jan Trampp, ("Plaintiff") brings this action pursuant to 205(g) of Title II of the Social Security Act ("The Act"), 42 U.S.C. 405(g) (2010), seeking judicial review of a final decision of the Commissioner of the Social Security Administration ("SSA") denying her application for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") under Titles II and XVI of the Act. The Parties have consented to the...
ORDER P.K. HOLMES, III , District Judge . Defendant Donald Wayne Lamoureaux filed a motion (Doc. 88) to set aside the judgment in his case, arguing again that when he was arrested in connection with using a cell phone and computer to entice a minor to engage in sexual activity, he was acting as a mandatory reporter under 34 U.S.C. 20341 and was immune from criminal prosecution pursuant to 34 U.S.C. 20342. He concludes that the Court lacked subject matter jurisdiction over any criminal...
MEMORANDUM OPINION AND ORDER TIMOTHY L. BROOKS , UNITED STATES DISTRICT JUDGE . Currently before the Court is a Motion for Summary Judgment (Doc. 20) filed by Defendants Lamont Marzolf and Josh Kirmer. 1 Plaintiff Casonda Pollreis filed a Response in Opposition (Doc. 31), and Defendants then filed a Reply (Doc. 34). For the reasons explained below, the Court GRANTS IN PART AND DENIES IN PART the Motion for Summary Judgment (Doc. 20). I. THE FACTS W.Y. and S.Y., two boys ages 14 and...
ORDER SUSAN O. HICKEY , Chief District Judge . Before the Court is Plaintiff BMO Harris Bank N.A.'s Motion for Compensatory Damages. (ECF No. 80). Defendants Alton Bean Trucking, Inc. ("ABT") and Gary Bean 1 have not responded and their time to do so has passed. See Local Rule 7.2(b). The Court finds the matter ripe for consideration. I. BACKGROUND On November 23, 2016, Plaintiff filed this action, alleging that Defendants were in default under certain loan agreements and guarantees....
OPINION AND ORDER P.K. HOLMES, III , District Judge . Before the Court is Defendant Mercy Hospital Rogers's ("Mercy") motion (Doc. 16) for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). Mercy separately filed a brief (Doc. 17) in support. Plaintiff Ann Jenkins filed an untimely 1 response (Doc. 19) in opposition, which the Court has considered. The motion will be granted in part and denied in part. On a motion for judgment on the pleadings, the Court...
ORDER P.K. HOLMES, III , District Judge . The Court has received proposed findings and recommendations (Doc. 18) from United States Magistrate Judge Mark E. Ford. There have been no objections. After careful review, the Court concludes that the findings and recommendations should be, and hereby are, approved and adopted as this Court's findings in all respects in their entirety. Judgment will be entered accordingly. IT IS SO ORDERED.
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARK E. FORD , Magistrate Judge . Plaintiff, Carol L. Savage, brings this action pursuant to 42 U.S.C. 405(g), seeking judicial review of a decision of the Commissioner of Social Security Administration (Commissioner) denying her claim for a period of disability, disability insurance benefits ("DIB"), and supplemental security income ("SSI") benefits under Titles II and XVI of the Social Security Act (hereinafter "the Act"), 42 U.S.C. 423(...
OPINION AND ORDER P.K. HOLMES, III , District Judge . Defendant Jay Don Gifford was indicted on February 6, 2019. The indictment charged Gifford with two counts production of child pornography, two counts transportation of child pornography, and one count commission of a felony offense against a minor by a registered sex offender. On August 13, 2019, Gifford pled guilty to Count One, charging him with production of child pornography in violation of 18 U.S.C. 2251(a) and (e), and Count...
ORDER Susan O. Hickey , Chief United States District Judge . Before the Court is Defendant Pfizer Inc.'s Motion to Dismiss. (ECF No. 18). Plaintiffs Marilyn Stube and Thomas Stube filed a response. (ECF No. 22). Defendant filed a reply. (ECF No. 25). The Court finds the matter ripe for consideration. I. BACKGROUND This is a personal injury and products liability case allegedly arising from Plaintiff Marilyn Stube's ("Mrs. Stube") alleged ingestion of Defendant's prescription drug,...
ORDER SUSAN O. HICKEY , Chief District Judge . Before the Court is Defendant FCA US LLC's Motion for Entry of Consent Protective Order. (ECF No. 34). The parties to this case, through their respective counsel, agree to protect the confidentiality of certain information that may be discovered. Upon consideration, the Court finds that the instant motion (ECF No. 34) should be and hereby is GRANTED. The Consent Protective Order is as follows: A dispute has arisen about the alleged...
