REPORT AND RECOMMENDATION CHARLES J. KAHN, JR. , Magistrate Judge . Before the court are a petition (doc. 1) and amended petition (doc. 5) for writ of habeas corpus, filed pursuant to 28 U.S.C. 2241, as well as defendant's motion to dismiss (doc. 13), to which petitioner responded in opposition (doc. 15). 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, the...
REPORT AND RECOMMENDATION ELIZABETH M. TIMOTHY , Chief Magistrate Judge . This matter is before the court upon Defendant's "Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" (ECF No. 28). The Government filed a response (ECF No. 35), and Defendant filed a reply and supplemental argument (ECF Nos. 38, 42). The case was referred to the undersigned for the issuance of all preliminary orders and any recommendations to the district court...
REPORT AND RECOMMENDATION ON CHANGE OF PLEA ANDREA M. SIMONTON , Chief Magistrate Judge . THIS CAUSE was referred to the undersigned Magistrate Judge by the Honorable K. Michael Moore, Chief United States District Judge, to conduct a proceeding for acceptance of a guilty plea by Defendant CHRISTOPHER ANTHONY CASTRO. Based upon the change of plea hearing conducted on December 12, 2018, this Court makes the following findings, and recommends that the guilty plea be accepted, and that the...
REPORT AND RECOMMENDATION CHARLES A. STAMPELOS , Magistrate Judge . Plaintiff, an inmate in the custody of the Florida Department of Corrections, filed his Fourth Amended Complaint pursuant to 42 U.S.C. 1983 on November 6, 2017, ECF No. 15, and service was directed. ECF Nos. 17, 23. Defendants have filed motions to dismiss for failure to exhaust administrative remedies, mootness, failure to state a claim, failure to demonstrate entitlement to damages, and immunity from suit. ECF No. 36 (...
REPORT AND RECOMMENDATION RE: MOTION TO DISMISS [D.E. 404] ALICIA M. OTAZO-REYES , Magistrate Judge . THIS CAUSE came before the Court upon Defendant Jack Kachkar's ("Defendant" or "Kachkar") Motion to Dismiss the Indictment Pursuant to the Fifth and Sixth Amendments (hereafter, "Motion to Dismiss") [D.E. 404]. This matter was referred to the undersigned by the Honorable Darrin P. Gayles, United States District Judge, pursuant to Title 28, United States Code, Section 636, for report and...
REPORT AND RECOMMENDATION RE: MOTION TO DISMISS [D.E. 263] ALICIA M. OTAZO-REYES , Magistrate Judge . THIS CAUSE came before the Court upon Defendant Jack Kachkar's ("Defendant" or "Kachkar") Motion to Dismiss Count 1 of the Indictment as Being Barred by the Statute of Limitations (hereafter, "Motion to Dismiss Count 1") [D.E. 263]. This matter was referred to the undersigned by the Honorable Darrin P. Gayles, United States District Judge, pursuant to Title 28, United States Code, Section...
REPORT AND RECOMMENDATION MICHAEL J. FRANK , Magistrate Judge . This cause is before the court on Petitioner's amended petition for writ of habeas corpus filed pursuant to 28 U.S.C. 2254 (ECF No. 4). Respondent filed an answer and relevant portions of the state court record (ECF No. 11). Petitioner filed a reply (ECF No. 12). The case was referred to the undersigned for the issuance of all preliminary orders and any recommendations to the district court regarding dispositive matters....
REPORT AND RECOMMENDATION ALICIA M. OTAZO-REYES , Magistrate Judge . THIS CAUSE came before the undersigned by Order of Reference issued by the Honorable Jose E. Martinez, United States District Judge, pursuant to Title 28, United States Code, Section 636 [D.E. 284]. The Order of Reference requires a Report and Recommendation as to the appropriateness of the Voucher submitted pursuant to the Criminal Justice Act ("CJA") (hereafter, "CJA Voucher") by counsel for Defendant Cosme Daniel...
REPORT OF MAGISTRATE JUDGE PATRICK A. WHITE , Magistrate Judge . I. Introduction The movant, a federal prisoner, filed this motion to vacate, pursuant to 28 U.S.C. 2255, challenging the constitutionality of his enhanced sentence as a career offender, entered in case no. 04-20285-Cr-Seitz, following the entry of a guilty plea. In support thereof, he relies upon the Supreme Court's decision in Johnson v. United States , 1 576 U.S. ___, 135 S.Ct. 2551 , 192 L.Ed.2d 569 (2015),...
REPORT AND RECOMMENDATION RE: MOTION TO SUPPRESS ALICIA M. OTAZO-REYES , Magistrate Judge . THIS CAUSE came before the Court upon Defendant Jack Kachkar's ("Defendant" or "Kachkar") Motion to Suppress Evidence and Request for Evidentiary Hearing (hereafter, "Motion to Suppress") [D.E. 254]. This matter was referred to the undersigned by the Honorable Darrin P. Gayles, United States District Judge, pursuant to Title 28, United States Code, Section 636, for report and recommendation [D.E....
ORDER ON MOTION TO INTERVENE AND TRANSFER BETH BLOOM , District Judge . THIS CAUSE is before the Court upon Intervenors ODS Capital LLC, Barry A. Smith, and Sunil Shah (collectively referred to as the "Intervenors") Motion to Intervene and Transfer (the "Motion"), ECF No. [50]. The Court has reviewed the Motion, all supporting and opposing submissions, the record and applicable law, and is otherwise fully advised. For the reasons that follow, the Motion is granted. I. BACKGROUND On...
ORDER ON MOTION FOR SUMMARY JUDGMENT BETH BLOOM , District Judge . THIS CAUSE is before the Court upon Defendants Officer Archer, Officer Cabezas and Officer Sinnes's (together, "Defendants") Motion for Summary Judgment, ECF No. [54] ("Motion"), filed on April 4, 2018. Pro se Plaintiff Gary Lucas ("Plaintiff") filed a Response, ECF No. [57], to which Defendants filed a Reply, ECF No. [61]. For the reasons set forth below, the Motion is denied. I. INTRODUCTION This action arises as a...
REPORT AND RECOMMENDATION CHARLES A. STAMPELOS , Magistrate Judge . Petitioner, proceeding pro se, filed a petitioner for writ of habeas corpus pursuant to 28 U.S.C. 2241. ECF No. 1. Respondents filed a response to the petition, ECF No. 7, arguing that there was a significant likelihood of removal in the reasonably foreseeable future and contending that Petitioner is not a citizen of the U.S. Virgin Islands as he alleged in the petition but, instead, is a native and citizen of Jamaica....
Opinion Order Striking Frivolous and Vexatious Filings and Entering Pre-Filing Injunction ROBERT N. SCOLA, JR. , District Judge . This matter is before the Court on an independent review of the record. Petitioner Oscar Jean initiated this case on April 6, 2018, by way of a motion to vacate sentence under 28 U.S.C. 2255. (the "Petition," ECF No. 1.) After the Petitioner twice amended that filing, on July 9, 2018, Magistrate Judge Patrick White recommended the Court deny the petition. (...
ORDER GRANTING DEFENDANT'S MOTION FOR COSTS 1 ANDREA M. SIMONTON , District Judge . Presently pending before the Court is Defendant's Bill of Costs, ECF No. [96], and Defendant's Memorandum in Support of Bill of Costs, ECF No. [97]. The Honorable Kathleen M. Williams, United States District Judge, has referred all motions for costs to the undersigned Magistrate Judge, ECF No. [18] at III. Although the Memorandum states that the Plaintiff opposes this motion, no response in opposition...
ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE DARRIN P. GAYLES , District Judge . THIS CAUSE comes before the Court on the Report of Magistrate Judge ("the Report") [ECF No. 5]. Petitioner filed a pro se writ of habeas corpus pursuant to 28 U.S.C. 2255, challenging the constitutionality of his judgment of conviction in Case No. 15-20506-cr-GAYLES. [ECF No. 1]. The matter was referred to Judge White, pursuant to 28 U.S.C. 636(b)(1)(B) and Administrative Order 2003-19 of this...
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS BETH BLOOM , District Judge . THIS CAUSE is before the Court upon the Amended Petition for a Writ of Habeas Corpus under 28 U.S.C. 2241, ECF No. [12] ("Petition"), filed on October 12, 2018. This case was previously referred to the Honorable Patrick A. White for a Report and Recommendations ("R&R") on all dispositive matters. See ECF No. [2]. On December 13, 2018, Judge White issued a R&R recommending that this case be...
STIPULATED PROTECTIVE ORDER BARRY S. SELTZER , Magistrate Judge . This Stipulated Protective Order shall confirm that the parties and their counsel agree to the following, which shall not prevent any party from requesting that another party or the Court modify any designation or permit broader or more limited disclosure of any particular documents or information. The burden of proving to the Court that the information has been properly designated and requires the protection of such...
REPORT OF MAGISTRATE JUDGE PATRICK A. WHITE , Magistrate Judge . I. Introduction and Background This Cause is before the Court upon periodic review of the file in light of this Court's previous orders directing Plaintiff to amend her petition. (DE#s 5, 7). This habeas action presents a procedural history that amounts to the failure of Plaintiff to comply with this Court's orders. The procedural history of this case is worthy of discussion. On or about September 19, 2018, Plaintiff...
FINAL JUDGMENT AND ORDER CLOSING CASE WILLIAM P. DIMITROULEAS , District Judge . THIS CAUSE is before the Court upon the Court's Order Adopting Report of Magistrate Judge, wherein the Court denied Plaintiffs' Second Cross-Motion to Set Aside Agency Action and granted Defendant's Second Motion for Summary Judgment. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Judgement is hereby entered in favor of Defendant and against Plaintiffs; 2. Plaintiffs shall take nothing from...
