REPORT OF MAGISTRATE JUDGE PATRICK A. WHITE , Magistrate Judge . I. Introduction This matter is before the Court on the pro se movant's motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. 2255 attacking his sentence for possession of a firearm by a convicted felon following a guilty plea in criminal case number 14-80060-CR-GAYLES. This cause has been referred to the undersigned for consideration and report pursuant to Administrative Order 2003-19. No order to show...
REPORT AND RECOMMENDATION GARY R. JONES , Magistrate Judge . Plaintiff appeals from a final decision of the Commissioner of Social Security ("the Commissioner") denying her application for disability and Disability Insurance Benefits under Title II of the Social Security Act. (ECF No. 1). The Commissioner has answered (ECF No. 9), and both parties have filed briefs outlining their respective positions. (ECF Nos. 14 & 15). For the reasons discussed below, the Commissioner's decision is due...
REPORT AND RECOMMENDATION CHARLES A. STAMPELOS , Magistrate Judge . The Department of Corrections filed a Notice of Removal on September 25, 2015. ECF No. 1. The Department simultaneously paid the filing fee, and filed a copy of all process and pleadings from state court. Id., attachment. For ease of reference, the complaint (ECF No. 1-1 at 2-11) was separated from the other state court documents and filed as ECF No. 11. After removal, the Department filed a motion to dismiss, ECF No....
REPORT AND RECOMMENDATION REGARDING PETITIONER LEE TONER, D/B/A AMERICANA COLLECTORS, LLC ALICIA O. VALLE , Magistrate Judge . THIS MATTER is before the Court on the United States of America's (the "Government's") Motion for Summary Judgment against Petitioner Lee Toner, d/b/a Americana Collectors, LLC ("Americana") (ECF No. 365) (the "Motion"). United States District Judge Beth Bloom has referred all post-judgment motions, including Americana's third-party petition (ECF No. 144) (the "...
REPORT AND RECOMMENDATION ELIZABETH M. TIMOTHY , Chief Magistrate Judge . This cause is before the court on Petitioner's amended petition for writ of habeas corpus filed under 28 U.S.C. 2254 (ECF No. 16). Respondent filed a motion to dismiss the petition as untimely, with relevant portions of the state court record (ECF No. 19). Petitioner filed a response in opposition to the motion (ECF No. 25). The case was referred to the undersigned for the issuance of all preliminary orders and...
REPORT AND RECOMMENDATION TO DISMISS 2241 PETITION CHARLES A. STAMPELOS , Magistrate Judge . On or about July 24, 2013, Petitioner Trelliny T. Turner, proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241, with a supplement. ECF No. 1. On November 6, 2013, Respondent filed an answer, with attachments. ECF No. 8. Petitioner filed a response on December 11, 2013. ECF No. 9. The matter was referred to the undersigned United States Magistrate Judge for...
PRELIMINARY ORDER OF FORFEITURE M. CASEY RODGERS , District Judge . WHEREAS, in the indictment in the above-entitled action, the United States sought forfeiture of all property of the defendant, ROBERT F. MATLACK, pursuant to Title 18, United States Code, Sections 2428 and 1594, as property constituting, or derived from, proceeds obtained directly or indirectly from the violations set forth in said indictment and/or property used or intended to be used to commit or promote the...
REPORT AND RECOMMENDATION ELIZABETH M. TIMOTHY , Chief Magistrate Judge . Plaintiff Cheryl Louise Marchese ("Marchese"), proceeding pro se, commenced this action by filing a civil rights complaint under 42 U.S.C. 1983, alleging he was falsely arrested on April 10, 2015, in violation of the Fifth, Eighth, and Fourteenth Amendments, and seeking monetary damages for the alleged constitutional violations ( see ECF No. 1). 1 He paid the filing fee. Marchese subsequently filed an amended...
REPORT AND RECOMMENDATION CHARLES J. KAHN, Jr. , Magistrate Judge . Shortly after plaintiff, who is proceeding pro se, instituted this action, the undersigned entered an order advising her that neither her complaint nor her motion to proceed in forma pauperis was in proper form (doc. 4). With regard to her complaint, the undersigned noted plaintiff used the incorrect form, failed to specify the basis for the court's jurisdiction, and failed to sign the complaint. With regard to her...
ORDER GRANTING MOTION TO TRANSFER VENUE K. MICHAEL MOORE , Chief District Judge . Before the Court is Defendant Subaru of America, Inc.'s Motion to Transfer Venue to the United States District Court for the Middle District of Florida, Tampa Division (ECF No. 11). For the reasons that follow, the motion is granted. I. BACKGROUND This case arises from a car accident in St. Thomas, U.S. Virgin Islands, involving Plaintiffs George E. Morrissey and Amalia H. Morrissey (collectively, the "...
REPORT AND RECOMMENDATIONS ON CHANGE OF PLEA JONATHAN GOODMAN , Magistrate Judge . United States District Judge Jose E. Martinez referred to the Undersigned a change of plea hearing for the acceptance of the defendant's guilty plea. [ECF No. 18]. The Undersigned conducted a hearing and recommends the following to the District Court: 1. On December 10, 2015, the Undersigned convened a hearing to permit the defendant to enter a change of plea. The Undersigned advised the defendant of the...
REPORT AND RECOMMENDATIONS ON CHANGE OF PLEA JONATHAN GOODMAN , Magistrate Judge . United States District Judge Jose E. Martinez referred to the Undersigned a change of plea hearing for the acceptance of the defendant's guilty plea. [ECF No. 113]. The Undersigned conducted a hearing and recommends the following to the District Court: 1. On December 21, 2015, the Undersigned convened a hearing to permit the defendant to enter a change of plea. The Undersigned advised the defendant of the...
REPORT AND RECOMMENDATIONS ON CHANGE OF PLEA JONATHAN GOODMAN , Magistrate Judge . United States District Judge Jose E. Martinez referred to the Undersigned a change of plea hearing for the acceptance of the defendant's guilty plea. [ECF No. 99]. The Undersigned conducted a hearing and recommends the following to the District Court: 1. On December 9, 2015, the Undersigned convened a hearing to permit the defendant to enter a change of plea. The Undersigned advised the defendant of the...
ORDER ACCEPTING REPORT AND RECOMMENDATION MARK E. WALKER , District Judge . This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 17, and has also reviewed de novo Plaintiff's objections to the report and recommendation, ECF Nos. 18 and 19. Accordingly IT IS ORDERED: The report and recommendation is accepted and adopted, over Plaintiff's objections, as this Court's opinion. The Clerk shall enter judgment stating, "Defendant's motion to...
REPORT AND RECOMMENDATION GARY R. JONES , Magistrate Judge . Plaintiff, proceeding pro se, filed a complaint against WCA 1 in the County Court for of the Eighth Judicial Circuit, in and for Alachua County, Florida, purporting to allege a claim for violation of the Family and Medical Leave Act ("FMLA"). Defendant timely removed the case to this Court based on federal question jurisdiction. This case is before the Court on Defendants' Rule 12(b)(6) Motion to Dismiss. (ECF No. 6.)...
ORDER ADOPTING REPORT AND RECOMMENDATIONS AND SETTING HEARING DANIEL T. K. HURLEY , District Judge . THIS CAUSE comes before the court upon written report from the United States Probation Office that the above named defendant violated the conditions of supervision and upon the Report and Recommendations of a United States Magistrate Judge, [DE 151]. Upon consideration, it is ORDERED and ADJUDGED that: 1. The Magistrate Judge's Report and Recommendations are adopted. 2. A...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT K. MICHAEL MOORE , CHIEF UNITED STATES DISTRICT JUDGE . THIS CAUSE came before the Court upon Defendant Carnival Corporation's ("Carnival") Motion for Summary Judgment (ECF No. 53). Plaintiff Andres Lugo filed a Response in Opposition to Plaintiff's Motion (ECF No. 56), and Carnival filed a Reply (ECF No. 59). The Motion is now ripe for review. For the reasons set forth below, Carnival's Motion for Summary Judgment is GRANTED. I....
ORDER GRANTING MOTION TO TRANSFER VENUE K. MICHAEL MOORE , Chief District Judge . Before the Court is Defendant Subaru of America, Inc.'s Motion to Transfer Venue to the United States District Court for the Middle District of Florida, Tampa Division (ECF No. 11). For the reasons that follow, the motion is granted. I. BACKGROUND This case arises from a car accident in St. Thomas, U.S. Virgin Islands, involving Plaintiffs George E. Morrissey and Amalia H. Morrissey (collectively, the "...
ORDER DENYING DEFENDANT'S MOTIONS TO COMPEL ARBITRATION JONATHAN GOODMAN , Magistrate Judge . Defendant Fly Low, Inc. moves to compel arbitration against opt-in claimants 1 Shavone Moore, Jordan Hargraves, Krystall Wright and Ashley Delgado pursuant to the requirements of an arbitration policy that each claimant signed. [ECF Nos. 166; 168]. 2 Plaintiffs do not dispute that each of these opt-in claimants signed the arbitration agreements at issue, which Defendant attached [ECF Nos. 166-1;...
ORDER OF TRANSFER ROBERT L. HINKLE , District Judge . By petition for a writ of habeas corpus under 28 U.S.C. 2241, Anthony Williams challenges his federal sentence. Although the Northern District of Florida is the district of conviction, Mr. Williams is serving his sentence in the Middle District of Pennsylvania. This order transfers the petition back to that district—the district of confinement—where Mr. Williams originally filed it. I. The Underlying Conviction and Sentence A grand...
