AMENDED MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION JAMES R. MARSCHEWSKI, Chief Magistrate Judge. Before the undersigned for report and recommendation is the petitioner's Motion for a Certificate of Appealability (ECF No. 45) filed December 3, 2014 and (ECF No. 47) filed December 4, 2014. The Motion was referred to the undersigned on December 4, 2014 and the Government filed a Response (ECF No. 48) on December 9, 2014. I. Background The Background is set forth in the Report and...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT, Magistrate Judge. Steven Lee Hussong ("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 his application for a period of disability, Supplemental Security Income ("SSI"), and Disability Insurance Benefits ("DIB")...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT, Magistrate Judge. Alton Britt Morrison ("Plaintiff") brings this action pursuant to 205(g) of Title II of the Social Security Act ("The Act"), 42 U.S.C. 405(g) (2006), seeking judicial review of a final decision of the Commissioner of the Social Security Administration ("SSA") denying his application for Supplemental Security Income ("SSI") and a period of disability under Title XVI of the Act. Pursuant to...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT, Magistrate Judge. Terry McGinister, Jr. ("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 his application for a period of disability and Disability Insurance Benefits ("DIB") under Title II of the Act. Pursuant to...
CONSENT DECREE P.K. HOLMES, III, District Judge. INTRODUCTION Plaintiff Equal Employment Opportunity Commission (Commission) and Defendant Randall Ford, Inc. (Defendant) enter into this Consent Decree (Decree) to resolve this case. The Commission instituted this action on behalf of Doyle Martin. The Commission alleged in its Complaint that Defendant failed to accommodate Martin, who is substantially limited in his ability to stand and walk, and then terminated his employment, all in...
ORDER P.K. HOLMES, III, Chief District Judge. Currently before the Court are the findings and recommendations (Doc. 68) filed in this case on December 29, 2014, by the Honorable James R. Marschewski, Chief United States Magistrate Judge for the Western District of Arkansas. Both parties have waived the right to object to the report and recommendation for the purpose of expediting acceptance of the guilty plea in this matter. (Doc. 67). The Court has reviewed this case and, being well and...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION JAMES MARSCHEWSKI, Chief Magistrate Judge. Pursuant to the provisions of 28 U.S.C. 636(b)(1) and (3), Local Rule 72.1 XII, and General Order No. 40, this matter was referred to the undersigned for the purposes of conducting a plea hearing pursuant to Rule 11 of the Federal Rules of Criminal Procedure. Such a hearing was conducted on December 29, 2014, and, pursuant to a written plea agreement, the Defendant entered a plea of guilty to Count...
MEMORANDUM OPINION AND ORDER TIMOTHY L. BROOKS, District Judge. Currently before the Court are Plaintiffs Architectural Contractors, Inc.'s ("ACI") and The Cincinnati Insurance Company, Inc.'s ("CIC") Motion for Costs and Prejudgment Interest and brief in support (Docs. 47 and 48); Defendant Schilli Transportation Services, Inc.'s ("Schilli") Response in Opposition and brief in support (Docs. 50 and 51); and Plaintiffs' Reply (Doc. 52). For the reasons explained herein, Plaintiffs' Motion (...
MEMORANDUM OPINION AND ORDER ROBERT T. DAWSON, District Judge. Currently before the Court for consideration is Separate Defendant Carolyn Ritter's ("Carolyn") Motion for Summary Judgment and supporting documents (Docs. 20-22). For the reasons set forth below, the Court finds that the Motion should be GRANTED. I. Background Aetna Life Insurance Company ("Aetna") filed a Complaint for Interpleader (Doc. 1) on July 23, 2014. The Complaint states that David W. Ritter ("David"), deceased, was...
MEMORANDUM OPINION BARRY A. BRYANT, Magistrate Judge. William J. Hamilton ("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 his applications for Supplemental Security Income ("SSI"), Disability Insurance Benefits ("DIB"), and a period of disability under Titles II and XVI of the Act. The...
ORDER P.K. HOLMES, III, Chief District Judge. Currently before the Court are the proposed findings and recommendations (Doc. 39) filed in this case on November 19, 2014, by the Honorable Erin L. Setser, United States Magistrate Judge for the Western District of Arkansas. The time for filing objections has passed, and no objections have been filed by any party. The Court has reviewed this case and finds that the report and recommendation is proper, contains no clear error, and should be and...
MEMORANDUM OPINION SUSAN O. HICKEY, District Judge. Before the Court is a Motion for Summary Judgment (ECF No. 34) filed by Defendant Truman Arnold Companies. Plaintiff Teresa Jones has filed a response. ECF No. 39. Defendant has filed a reply. ECF No. 40. The matter is ripe for the Court's consideration. I. BACKGROUND The Court states the facts in the light most favorable to Plaintiff Teresa Jones. Jones was employed by Truman Arnold Company ("TAC") at its Road Runner convenience store "...
ORDER P. K. HOLMES, III, Chief District Judge. The Court has received proposed findings and recommendations (Doc. 13) from Chief United States Magistrate Judge James R. Marschewski. 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. The pending motion to supplement the record (Doc. 9) is...
ORDER P. K. HOLMES, III, Chief District Judge. The Court has received amended proposed findings and recommendations (Doc. 13) from Chief United States Magistrate Judge James R. Marschewski. There have been no objections. After careful review, the Court concludes that the findings and recommendations—as amended—should be, and hereby are, approved and adopted as this Court's findings in all respects in their entirety. The Court declines to adopt the report and recommendations (Doc. 12)...
MEMORANDUM OPINION AND ORDER TIMOTHY L. BROOKS, District Judge. Currently before the Court are Separate Defendants Bank of America, N.A.'s ("BANA") and Mortgage Electronic Registration Systems, Inc.'s ("MERS") Motion to Dismiss (Doc. 9) and brief in support (Doc. 10), and Plaintiffs Marvin A. Harlan's and Carol G. Harlan's ("the Harlans") Response in Opposition (Doc. 23). 1 Also before the Court are the Harlans' Motion to Remand (Doc. 14), the Harlans' Second Motion to Remand (Doc. 21), and...
MEMORANDUM OPINION BARRY A. BRYANT, Magistrate Judge. Hilary Harris Peterson ("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"), Supplemental Security Income ("SSI"), and a period of disability under Titles II and XVI of the Act. The...
MEMORANDUM OPINION BARRY A. BRYANT, Magistrate Judge. Johnson Curtis Burris ("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 his application for Disability Insurance Benefits ("DIB") and a period of disability under Title II of the Act. The parties have consented to the jurisdiction of a...
MEMORANDUM OPINION BARRY A. BRYANT, Magistrate Judge. Marla Brown ("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 Supplemental Security Income ("SSI") under Title II of the Act. The Parties have consented to the jurisdiction of a magistrate judge to conduct any and all...
MEMORANDUM OPINION JAMES R. MARSCHEWSKI, Chief Magistrate Judge. Plaintiff, Harvey J. Bromley, 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 claim for 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 whether there is substantial evidence in the...
MEMORANDUM OPINION BARRY A. BRYANT, Magistrate Judge. Plaintiff, Laura Kennedy, brings this action pursuant to 405(g) of Title II of the Social Security Act, seeking judicial review of a decision of the Commissioner of the Social Security Administration ("Commissioner") denying her claim for a period of disability and Disability Insurance Benefits ("DIB") under the provisions of Title II of the Social Security Act ("Act"). The Parties have consented to the jurisdiction of a magistrate...
