REPORT AND RECOMMENDATION ON CROSS MOTIONS FOR SUMMARY JUDGMENT (DE 99 and DE 178). DAVE LEE BRANNON, Magistrate Judge. THIS CAUSE is before the Court upon pro se Plaintiff's, Elizabeth Jerkins ("Plaintiff'), Motion for Summary Judgment (DE 99), Defendants' Grant Thornton ALP ("GT"), Grant Thornton ALP Health and Welfare Benefits Plan ("HW Plan"), and Grant Thornton ALP Employees' Retirement Plan ("Retirement Plan") (collectively, "Defendants[']") Sealed Motion for Summary Judgment and...
REPORT AND RECOMMENDATION FINDING PROBABLE CAUSE ON PETITION ALLEGING VIOLATIONS OF SUPERVISED RELEASE FRANK J. LYNCH, Jr., Magistrate Judge. THIS CAUSE having come on to be heard for an initial appearance on December 30, 2014 in respect to the pending Petition Alleging Violations of Supervised Release and the Defendant having appeared with counsel and having waived a preliminary hearing and having stipulated to probable cause, and this Court otherwise being advised in the premises, makes...
ORDER M. CASEY RODGERS, Chief District Judge. This cause comes on for consideration upon the Chief Magistrate Judge's Report and Recommendation dated June 3, 2014 (doc. 25). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). The Court has made a de novo determination of the timely filed objections ( see doc. 27). Having considered the Report and...
REPORT OF MAGISTRATE JUDGE P.A. WHITE, Magistrate Judge. I. Introduction George L. Parilla, a state prisoner confined at Mayo Correctional Institution Annex in Mayo, Florida, filed this pro se petition for writ of habeas corpus pursuant to 28 U.S.C. 2254, attacking the constitutionality of his convictions and sentences entered in Case F10-3450 in the Circuit Court of the Eleventh Judicial Circuit of Florida at Miami-Dade County. The case has been referred to the undersigned for...
REPORT AND RECOMMENDATION GARY R. JONES, Magistrate Judge. Plaintiff filed this action pursuant to 42 U.S.C. 1983 in the Second Judicial Circuit for Leon County, Florida. (Doc. 1.) After Defendant removed the case the Court ordered Plaintiff to resubmit his Complaint on the court-approved form. (Docs. 1, 4.) Plaintiff submitted an Amended Complaint on October 9, 2014. (Doc. 7.) After screening his Complaint, because of deficiencies in the amended complaint the Court directed Plaintiff to...
REPORT AND RECOMMENDATION ELIZABETH M. TIMOTHY, Chief Magistrate Judge. This matter is before the court upon Defendant's "Motion for Vacatur of an Illegal Sentence Due to a Lack of Jurisdiction Pursuant to 28 U.S.C. 1651 and Audita Querela" (doc. 493). The case was referred to the undersigned for the issuance of all preliminary orders and any recommendations to the district court regarding dispositive matters. See N.D. Fla. Loc. R. 72.2; see also 28 U.S.C. 636(b) and Fed. R. Civ. P....
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND DISMISSING CASE JAMES I. COHN, District Judge. THIS CAUSE is before the Court upon the Report and Recommendation [DE 5] ("Report") of Magistrate Judge Patrick A. White on Movant Julio Lenis's Motion by a Person in Federal Custody to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. 2255 [DE 1] ("Motion"). Judge White issued his Report on October 31, 2014, and Movant has filed no objections. Movant has pleaded guilty to conspiracy to...
REPORT AND RECOMMENDATION GARY R. JONES, Magistrate Judge. This case is before the Court on Defendants' Motions to Dismiss, Docs. 94, 99. Plaintiff, an inmate in the custody of the Florida Department of Corrections, who is proceeding pro se in this 42 U.S.C. 1983 case, has filed a response in opposition to Defendant's motion, Doc. 109, and the motions are now ripe for review. For the reasons discussed below, Defendants' motions to dismiss are due to be granted with respect to all claims...
ORDER RICHARD SMOAK, District Judge. Before me is the Motion for Seal of Entire Matter (Doc. 9). This case is a False Claims Act case brought pursuant to 31 U.S.C. 3729 et seq. On September 3, 2014, pursuant to the procedures outlined in 31 U.S.C. 3730, I granted the Plaintiff's motion to file the complaint under seal, and subsequently extended the time that the complaint may remain under seal. Plaintiff now asks that the entire matter be sealed, not just the complaint. 31 U.S.C....
ORDER ROGER VINSON, Senior District Judge. There are several pre-trial motions pending before the court (docs. 190, 191, 192, 193, 194, 195, 196, 197). Before turning to these motions, I will very briefly set out the background of this case. The defendants, John D. Castleberry, Mark Stokes, Melinda Stokes, and five other individuals, have been charged by indictment with tax-related offenses. They were appointed counsel by the court, after which the case against Castleberry was set for trial...
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION WILLIAM STAFFORD, Senior District Judge. Before the court is the magistrate judge's report and recommendation docketed November 19, 2014. See Doc. 16. The magistrate judge recommends that the petitioner's petition for writ of habeas corpus be dismissed for lack of jurisdiction. The petitioner has filed no objections to the report and recommendation. The court having reviewed the report and recommendation, it is ORDERED: 1. The...
ORDER DENYING THE 2255 MOTION ROBERT L. HINKLE, District Judge. The defendant Dexter Lanoyd Dickens has moved under 28 U.S.C. 2255 for relief from his judgment of conviction. The motion is before the court on the magistrate judge's report and recommendation, ECF No. 104, and the objections, ECF No. 107. I have reviewed de novo the issues raised by the objections. This order accepts the report and recommendation and denies the 2255 motion, with this additional note. Mr. Dickens...
ORDER and REPORT AND RECOMMENDATION GARY R. JONES, Magistrate Judge. This matter is before the court upon Defendant's motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255. (Doc. 103). The motion includes a supporting memorandum of law that is 149 pages in length. Defendant also has filed a motion for leave to file a brief in excess of 25 pages. (Doc. 101). Rule 4(b) of the Rules Governing Section 2255 Proceedings provides in part that "[i]f it plainly appears from...
ORDER RICHARD SMOAK, District Judge. Before me are the December 3, 2014, Magistrate Judge's Report and Recommendation (Doc. 29) and Petitioner's Objection to Report and Recommendation (Doc. 30). I have reviewed the report de novo. IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is approved and incorporated in this Order. 2. The Clerk shall change the docket to reflect that Timothy H. Cannon has been substituted as the respondent in this case. 3. The petition for...
ORDER and REPORT AND RECOMMENDATION CHARLES J. KAHN, Jr., Magistrate Judge. Before the court is a petition for writ of habeas corpus filed under 28 U.S.C. 2254. (Doc. 1). Respondent filed an answer, submitting relevant portions of the state court record. (Doc. 18). Petitioner replied. (Doc. 21; see also Doc. 28). The matter is referred to the undersigned magistrate judge for report and recommendation pursuant to 28 U.S.C. 636 and N.D. Fla. Loc. R. 72.2(B). After careful consideration of...
ORDER RICHARD SMOAK, District Judge. Before me are the December 1, 2014, Magistrate Judge's Report and Recommendation (Doc. 51) and Plaintiff's Objections (Doc. 53). I have reviewed the report de novo. IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is approved and incorporated in this Order. 2. The claims in Plaintiff's Fourth Amended Complaint against Defendants Secretary Crews, Warden Crews, Lieutenant James, and Segeant Brock are DISMISSED without prejudice.
REPORT AND RECOMMENDATION GARY R. JONES, Magistrate Judge. Pending before the Court for screening is Plaintiff's Fourth Amended Complaint. (Doc. 49.) After review, the Court has determined that the Fourth Amended Complaint should be served on those Defendants against whom a claim for conspiracy and retaliation is alleged. Service upon those Defendants will be directed by separate order. The Fourth Complaint, however, fails to state a claim against four of the named Defendants and,...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS JAMES LAWRENCE KING, District Judge. THIS CAUSE comes before the Court upon Defendant A. Joe Mitchell, Jr.'s ("Mitchell") Motion to Dismiss and Incorporated Memorandum of Law (DE #11). Therein, Defendant seeks the dismissal, pursuant to Fed. R. Civ. P. 12(b)(6), of Counts I, II, III, and IV of Plaintiff's five-count Complaint (DE #1). 1 This matter is fully briefed, 2 and as discussed in further detail below, the...
ORDER GRANTING PLAINTIFF'S MOTION TO AUTHORIZE ALTERNATE SERVICE OF PROCESS ROBIN L. ROSENBERG, District Judge. THIS CAUSE came before the Court upon Plaintiff's Motion for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) (the "Motion for Alternate Service"), ECF No. [30], dated December 19, 2014. In its Complaint, Plaintiff, Chanel, Inc. ("Plaintiff") sets forth claims against Defendants 1 for (1) trademark counterfeiting and...
ORDER M. CASEY RODGERS, Chief District Judge. This cause comes on for consideration upon the Chief Magistrate Judge's Report and Recommendation dated July 18, 2014 (doc. 56). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). The Court has made a de novo determination of the timely filed objections. Having considered the Report and Recommendation, and...
