MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARK E. FORD , Magistrate Judge . Presently before the Court is the Defendant's Motion to Dismiss (Doc. 10) filed on December 7, 2016. Plaintiff has not responded to the motion, and the time within which to do so has passed. The matter was referred to the undersigned on December 15, 2016. I. Background This action was filed by Plaintiff, Emma Rush ("Ms. Rush"), against Defendant, State of Arkansas, Department of Workforce Services ("ADWS"),...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT , Magistrate Judge . Betty J. Saunders ("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") and a period of disability under Title XVI of the Act. Pursuant...
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE ERIN L. SETSER , Magistrate Judge . This is a civil rights action filed by the Plaintiff pursuant to 42 U.S.C. 1983. Plaintiff proceeds pro se and in forma pauperis. Plaintiff is currently incarcerated in the Delta Regional Unit of the Arkansas Department of Correction (ADC). This case involves the use of a confidential informant (CI) to make a controlled buy from the Plaintiff on January 18, 2011. Defendants, at the times relevant...
OPINION AND ORDER TIMOTHY L. BROOKS , District Judge . Pending before the Court is Defendant Anthony Allen Jean's Motion for Reconsideration (Doc. 49) of a portion of the Court's Order (Docs. 47/48) on his Motion to Compel. In the briefing on the Motion to Compel, Mr. Jean made four separate arguments concerning his need for particular information that the Government had intentionally withheld from discovery. During the Court's hearing on the Motion to Compel on October 11, 2016, Mr. Jean...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARK E. FORD , Magistrate Judge . Presently before the Court is the Motion to Transfer to Arkansas' Workers Compensation Commission and Stay or Dismiss Plaintiffs' Complaint (Doc. 12), filed by Defendants, Komar Screw Corp. and Marvin Kocian, on September 8, 2016. Plaintiffs responded to the motion on September 29, 2016. (Doc. 18) Defendants filed a reply on September 30, 2016. (Doc. 19) The matter was referred to the undersigned on November 29,...
ORDER SUSAN O. HICKEY , District Judge . Before the Court is Defendants' Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 30). Plaintiff has responded. (ECF No. 33). The Court finds this matter ripe for consideration. In April 2014, Defendants filed suit in this Court against Tony Alamo, Tony Alamo Christian Ministries ("TACM") and a litany of individuals and business entities associated with TACM (hereinafter referred to as the "underlying action"). See...
JUDGMENT SUSAN O. HICKEY , District Judge . Before the Court are two motions filed by Separate Defendant Tommy Patterson: (1) a Motion for Partial Summary Judgment; and (2) a Motion for Judgment on the Pleadings. ECF Nos. 38, 41. Also before the Court is Separate Defendant Maxine Canterberry's Motion Adopting Arguments and Brief of Separate Defendant Tommy Patterson. ECF No. 43. Plaintiff has responded. ECF Nos. 44, 45. The Court finds this matter ripe for consideration. For the reasons...
MEMORANDUM OPINION SUSAN O. HICKEY , District Judge . Before the Court are two motions filed by Separate Defendant Tommy Patterson: (1) a Motion for Partial Summary Judgment; and (2) a Motion for Judgment on the Pleadings. ECF Nos. 38, 41. Also before the Court is Separate Defendant Maxine Canterberry's Motion Adopting Arguments and Brief of Separate Defendant Tommy Patterson. ECF No. 43. Plaintiff has responded. ECF Nos. 44, 45. The Court finds this matter ripe for consideration. I....
PRELIMINARY ORDER OF FORFEITURE SUSAN O. HICKEY , District Judge . On May 11, 2016, a Grand Jury sitting in the Western District of Arkansas returned an Indictment against the Defendant, Michael Shawn Bishop, charging him with one count of Distribution of Methamphetamine, in violation of Title 21 U.S.C. 841(a)(1;) and one count of Felon in Possession of a Firearm, in violation of Title 18 U.S.C. 922(g), and a forfeiture allegation. In the forfeiture allegation of the Indictment, the...
REPORT AND RECOMMENDATION BARRY A. BRYANT , Magistrate Judge . This is a civil rights action filed by the Plaintiff, Eric Lewis, pursuant to 42 U.S.C. 1983. Pursuant to the provisions of 28 U.S.C. 636(b)(1) and (3)(2011), the Honorable Susan O. Hickey, United States District Judge, referred this case to the undersigned for the purpose of making a report and recommendation. Currently before the Court is Defendant's Motion for Judgment on the Pleadings (ECF No. 12) and Supplemental...
JUDGMENT P.K. HOLMES, III , Chief District Judge . Pursuant to the order entered in this case on this date, IT IS CONSIDERED, ORDERED, and ADJUDGED that this case is DISMISSED WITHOUT PREJUDICE. IT IS SO ADJUDGED.
ORDER P.K. HOLMES, III , Chief District Judge . The Court has received a report and recommendations (Doc. 15) from Chief United States Magistrate Judge Barry A. Bryant. No objections have been filed and the time for objections has passed. The Magistrate Judge recommends that the Court grant Defendants' motion (Doc 13) to compel arbitration. The Magistrate Judge further recommends that the Court order the parties to select a mutually agreeable arbitrator, or if no agreement can be had, to...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT , Magistrate Judge . Before the Court is Defendants' Motion to Compel Arbitration. ECF No. 13. This Motion was filed on November 11, 2016. Id. Plaintiff has not responded to this Motion, and the time to respond has expired. See Local Rule 7.2(b). Pursuant to the provisions of 28 U.S.C. 636(b)(1) and (3) (2009), the Honorable P. K. Holmes, III referred this Motion to this Court for the purpose of making a...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ERIN L. SETSER , Magistrate Judge . Plaintiff, Laretta Musico, brings this action pursuant to 42 U.S.C. 405(g), seeking judicial review of a decision of the Commissioner of the Social Security Administration ("Commissioner") denying her claims for a period of disability and disability insurance benefits ("DIB") under the provisions of Title II of the Social Security Act ("Act"). In this judicial review, the Court must determine whether there...
JUDGMENT P.K. HOLMES, III , Chief District Judge . Pursuant to the order entered in this case on this date, IT IS CONSIDERED, ORDERED, and ADJUDGED that the habeas petition in this case is DISMISSED WITH PREJUDICE. IT IS SO ADJUDGED.
ORDER P.K. HOLMES, III , Chief District Judge . The Court has received a report and recommendations (Doc. 325) from United States Magistrate Judge James R. Marschewski. No objections have been filed and the time to object has passed. The Magistrate Judge recommends that the Court deny Nguyen's motion (Doc. 309) to reduce his sentence pursuant to Amendment 782 to the United States Sentencing Guidelines (U.S.S.G.) because Nguyen's Guidelines offense level was determined using U.S.S.G. 4B1....
MAGISTRATE JUDGE REPORT and RECOMMENDATION JAMES R. MARSCHEWSKI , Magistrate Judge . Before the court is the Petitioner's Motion to Vacate, Set Aside, or Correct a Sentence Pursuant to 28 U.S.C. Section 2255 (Doc. 311) filed June 29, 2016 and Motion to Reduce Sentence (Doc. 309) filed June 27, 2016. The United States of America filed Responses (Doc. 317 and 318) on October 7, 2016. The Petitioner has not filed a Reply and the matter is ready for Report and Recommendation. I. Background...
ORDER BARRY A. BRYANT , Magistrate Judge . Pending now before this Court is Plaintiff's Application for Attorney's Fees Under the Equal Access to Justice Act ("EAJA"). ECF No. 17. Defendant has not responded to this Motion and the time to respond has passed. The Parties have consented to the jurisdiction of a magistrate judge to conduct any and all proceedings in this case, including conducting the trial, ordering the entry of a final judgment, and conducting all post-judgment proceedings....
ORDER AND JUDGMENT TIMOTHY BROOKS , District Judge . NOW before the Court is the Motion for Default Judgment by Plaintiff, United States of America (Doc. 67), the Stipulation by the Benton County Tax Collector and Arkansas Commissioner of State Lands (Doc. 68), the Ramer Defendants' Response (Doc. 70), 1 and the Plaintiff's Reply (Doc. 71). The Court finds that Plaintiff's Motion (Doc. 67) should be GRANTED , and it is therefore ordered that judgment be entered as follows: 1. The...
MEMORANDUM OPINION ERIN L. SETSER , Magistrate Judge . Plaintiff, Donald Lasiter, brings this action pursuant to 42 U.S.C. 405(g), seeking judicial review of a decision of the Commissioner of the Social Security Administration (Commissioner) denying his claims for period of disability and disability insurance benefits (DIB) under the provisions of Title II of the Social Security Act (Act). In this judicial review, the Court must determine whether there is substantial evidence in the...
