REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT , Magistrate Judge . Dewayne Paul Dixson ("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 Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") under Titles II and...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARK E. FORD , Magistrate Judge . Plaintiff, Linda I. Burnett, 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(...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ERIN L. WIEDEMANN , Chief Magistrate Judge . On January 10, 2019, the Defendant/Movant Jacinto Frias-Gonzales (hereinafter "the Defendant") filed a pro se 28 U.S.C. 2255 motion. (Doc. 237). The Government filed a Response on January 31, 2019 (Doc. 240) and the Defendant filed a Reply on March 4, 2019 (Doc. 243). The undersigned does not believe that an evidentiary hearing is warranted in this matter, as the 2255 motion, files, and records...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BARRY A. BRYANT , Magistrate Judge . Before the Court is the Motion for Leave to Appeal In Forma Pauperis (ECF No. 77) filed by Ashley Jensen Frazier ("Frazier"), an inmate confined at the Carswell Federal Medical Center, Fort Worth, Texas. 1. Background: 1 On April 17, 2019, Frazier was sentenced to 46 months imprisonment, following her plea of guilty to distribution of methamphetamine. ECF No. 61. On August 7, 2019, Movant sought...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT , Magistrate Judge . Pending now before this Court is Plaintiff's Request for Attorney Fees Under the Equal Access to Justice Act ("EAJA"). ECF No. 21. 1 Defendant has responded to this Motion and objects to the number of hours claimed by counsel. ECF No. 22. Pursuant to the provisions of 28 U.S.C. 636(b)(1) and (3) (2009), the Honorable Susan O. Hickey, referred this Motion to this Court for the purpose of...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BARRY A. BRYANT , Magistrate Judge . This is a civil rights action provisionally filed 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, Chief United States District Judge, referred this case to the undersigned for the purpose of making a Report and Recommendation. Currently before the Court is Plaintiff's failure to obey a Court Order and prosecute this case. I....
MEMORANDUM OPINION ERIN L. WIEDEMANN , Magistrate Judge . Plaintiff, Vernon Bailey, 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) and supplemental security income (SSI) benefits under the provisions of Titles II and XVI of the Social Security Act (Act). In this judicial review, the Court must...
JUDGMENT BARRY A. BRYANT , Magistrate Judge . Comes now the Court on this the 30th day of December 2019, 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. FootNotes 1. Andrew M. Saul has been appointed to serve as Commissioner...
MEMORANDUM OPINION BARRY A. BRYANT , Magistrate Judge . Plaintiff, Virginia Clayton, 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 her claim for a period of disability and disability insurance benefits ("DIB") benefits under Title II of the Social Security Act (hereinafter "the Act"), 42 U.S.C. 423(d)(1)(A), 1382c(a)(3)(A). In this judicial review, the court must determine...
MEMORANDUM OPINION ERIN L. WIEDEMANN , Magistrate Judge . Plaintiff, Amanda M. Seaman, brings this action pursuant to 42 U.S.C. 405(g), seeking judicial review of a decision of the Commissioner of Social Security Administration (the "Commissioner") denying her claims for a period of disability, disability insurance benefits ("DIB") and supplemental security income ("SSI") benefits under the provisions of Titles II and XVI of the Social Security Act (the "Act"). In this judicial review,...
ORDER TIMOTHY L. BROOKS , District Judge . Now pending before the Court is the Report and Recommendation (Doc. 170) of Chief United States Magistrate Judge Erin L. Wiedemann, filed on November 22, 2019. The time to object has now passed, and no objections were filed. 1 Accordingly, IT IS ORDERED that the Report and Recommendation (Doc. 170) is ADOPTED IN ITS ENTIRETY, and Defendant's pro se Motion to Vacate (Doc. 163) is DENIED and DISMISSED WITH PREJUDICE. IT IS SO ORDERED....
ORDER P.K. HOLMES, III , District Judge . Before the Court is Defendant City of Fort Smith, Arkansas's motion for summary judgment (Doc. 30), statement of facts (Doc. 31), and brief in support (Doc. 32). Plaintiff Mary Johnston filed a response (Doc. 38) and statement of facts (Doc. 39) to which Defendant filed a reply (Doc. 41). The Court has reviewed the briefs and supporting documents. Viewing the record in the light most favorable to Plaintiff, the Court finds questions of law and...
OPINION AND ORDER TIMOTHY L. BROOKS , District Judge . Currently before the Court is the Report and Recommendation ("R&R") (Doc. 16) of the Honorable Erin L. Wiedemann, Chief United States Magistrate Judge for the Western District of Arkansas, filed in this case on November 7, 2019. The Magistrate Judge recommends affirming the Administrative Law Judge's ("ALJ") decision to deny Plaintiff Paula Grover's claim for disability insurance benefits ("DIB") and supplemental security income ("SSI"...
PRELIMINARY ORDER OF FORFEITURE P.K. HOLMES III , District Judge . On November 20, 2019, a Grand Jury sitting in the Western District of Arkansas returned an Indictment against the Defendant, Scott Carl Mangum, charging him with one count of knowingly and intentionally possessing with the intent to distribute more than 5 kilograms of a mixture or substance containing a detectable amount of cocaine, a Schedule II controlled substance, in violation of Title 21 U.S.C. 841(a)(1) and 841(b)(...
STIPULATED PROTECTIVE ORDER BARRY A. BRYANT , District Judge . Based upon the stipulation and agreement of the Plaintiffs and Defendants (collectively "Parties") and SmartDrive Systems, Inc. ("SDSI"), the Court orders as follows: (1) "SDSI Confidential Documents" shall mean any and all documents produced by SDSI to the Parties that contain the private, confidential, proprietary, trade secret and/or protected personal or financial information of SDSI or SDSI's employees or agents. SDSI...
ORDER SUSAN O. HICKEY , Chief District Judge . Before the Court is Plaintiffs Phillip Wernette and Teresa Wernette's Motion for Voluntary Dismissal. (ECF No. 49). Defendants State Farm, Benjamin Andrade, and Jackson Adjustment Company have filed responses indicating that they do not oppose the motion. (ECF Nos. 50, 51). No other defendant has filed a response and the time to do so has passed. See Local Rule 7.2(b). The Court finds the matter ripe for consideration. Plaintiffs seek to...
ORDER SUSAN O. HICKEY , Chief District Judge . Before the Court is the Report and Recommendation filed December 2, 2019, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 16). Judge Bryant recommends that the Court grant Defendant Sevier County, Arkansas's motion to dismiss (ECF No. 11) and dismiss this case with prejudice. Judge Bryant also recommends that the dismissal be counted as a "strike" for purposes of 28 U.S.C. 1915(...
REPORT AND RECOMMENDATION BARRY A. BRYANT , Magistrate Judge . Before the Court is a Motion to Dismiss (ECF No. 11) filed by Defendant Sevier County, Arkansas. Plaintiff filed a Response (ECF No. 14) and Defendant Sevier County filed a Reply. (ECF No. 15). Pursuant to the provisions of 28 U.S.C. 636(b)(1) and (3)(2011), the Honorable Susan O. Hickey, Chief United States District Judge, referred this case to the undersigned for the purpose of making a Report and Recommendation. I....
ORDER SUSAN O. HICKEY , Chief District Judge . Before the Court is a Motion for Order Substituting Party. ECF No. 19. Plaintiff Pearl Stroup filed a Suggestion of Death (ECF No. 10) notifying the Court that her husband, Plaintiff Ronald Stroup, died on August 18, 2019. Plaintiff Pearl Stroup has been appointed administratrix of the estate of Ronald Stroup. Pursuant to Arkansas Rule of Civil Procedure 25, Pearl Stroup requests that she be substituted as the proper party for Ronald Stroup....
JUDGMENT P.K. HOLMES, III , District Judge . Pursuant to the order entered in this case on this date, this matter is DISMISSED WITHOUT PREJUDICE. IT IS SO ADJUDGED.
