REPORT AND RECOMMENDATION CHARLES H. WEIGLE, Magistrate Judge. This is a review of a final decision of the Commissioner of Social Security denying Plaintiff James E. Lane's application for benefits. Because the Commissioner's decision is based on the application of proper legal standards and is supported by substantial evidence, it is RECOMMENDED that the Commissioner's decision be AFFIRMED. BACKGROUND Plaintiff claims to suffer from lower-extremity edema, morbid obesity, and cardiac...
RECOMMENDATION THOMAS Q. LANGSTAFF, Magistrate Judge. Petitioner filed this Petition for Writ of Habeas Corpus on May 27, 2014. (Doc. 1). Presently pending in this 2254 action are Respondent's Motion to Dismiss this federal habeas Petition as untimely (Doc. 8), and Petitioner's Motion to Dismiss Petition without prejudice. (Doc. 13). Background In May 2006, Petitioner pleaded nolo contendere to Theft by Deception. (Doc. 10-1). The remaining two counts were nolle processed. Id. On May 30,...
ORDER HUGH LAWSON, Senior Judge. This case is before the Court on Plaintiff's Motion for Permission to Appeal In Forma Pauperis ("IFP") (Doc. 69) and Amended Motion for Permission to Appeal IFP. (Doc. 80). Plaintiff filed his Notice of Appeal (Doc. 64) on September 19, 2014, challenging the Court's September 3, 2014 Order (Doc. 54) adopting the magistrate judge's Report and Recommendation and denying Plaintiff's motion for appointment of counsel and request for injunctive relief. (Doc. 52)....
ORDER MARC T. TREADWELL, District Judge. Petitioner Ray Jefferson Cromartie filed his federal petition for a writ of habeas corpus on March 20, 2014. (Doc. 1.) Believing AEDPA's 1 statute of limitations had run on March 3, 2014, the Respondent moved to dismiss. (Doc. 9.) Cromartie then claimed that he was entitled to equitable tolling, but the Court questioned whether the statute of limitations in fact had run. (Doc. 15). The answer to that question turns on whether Cromartie's state habeas...
ORDER STEPHEN HYLES, Magistrate Judge. This case illustrates the familiar adage that sometimes the left hand does not know what the right hand is doing. The hands at issue here are those of the Commissioner of Social Security. By adoption of the Administrative Law Judge's (ALJ's) determination, the Commissioner denied Plaintiff's first application for disability benefits, finding that she was not disabled within the meaning of the Social Security Act and Regulations from June 30, 2005...
ORDER HUGH LAWSON, Senior District Judge. Before the Court is Defendant Thomas Bryant's Motion to Dismiss (Doc. 12) pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons stated below, the motion is granted in part and denied in part. I. Motion to Dismiss Standard To avoid dismissal under Federal Rule of Civil Procedure 12(b)(6), "a complaint must contain sufficient factual matter, accepted as true, to `state a claim for relief that is plausible on its face.'" Ashcroft v....
ORDER MARC T. TREADWELL, District Judge. Before the Court is the Recommendation of Magistrate Judge Charles H. Weigle. (Doc. 12). The Magistrate Judge recommends granting the Respondent's motion to dismiss (Doc. 7) because the Petitioner did not file his 28 U.S.C. 2254 petition within AEDPA's one-year period of limitations and failed to establish entitlement to equitable tolling. The Petitioner objected to the Recommendation and requested an appointment of counsel and an evidentiary...
ORDER MARC T. TREADWELL, District Judge. Before the Court is the Defendant's motion for judgment on the pleadings. (Doc. 11). For the following reasons, the Defendant's motion is GRANTED in part and DENIED in part. I. BACKGROUND The Plaintiff Barry Brown alleges the following facts, which the Court must accept as true. On November 19, 2013, the Defendant Collection Services of Athens, Inc. ("Collection Services") sent a debt collection letter ("Letter") to Brown's residence to recover a...
ORDER STEPHEN HYLES, Magistrate Judge. The Social Security Commissioner, by adoption of the Administrative Law Judge's (ALJ's) determination, denied Plaintiff's application for disability benefits, finding that he was not disabled within the meaning of the Social Security Act and Regulations. Plaintiff contends that the Commissioner's decision was in error and seeks review under the relevant provisions of 42 U.S.C. 405(g) and 42 U.S.C. 1383(c). All administrative remedies have been...
ORDER W. LOUIS SANDS, District Judge. Pending before the Court are Defendant Peggy Scott Adams' Motions to Dismiss and for Summary Judgment. (Docs. 27 & 29.) For the reasons that follow, Adams' Motion to Dismiss (Doc. 27) is GRANTED and her Motion for Summary Judgment (Doc. 29) is DENIED AS MOOT. BACKGROUND On January 6, 2014, Plaintiff Charles Peterson filed a pro se complaint under the Copy-right Act, 7 U.S.C. 501, et seq. (Doc. 1.) Following the Court's denial of Peterson's...
ORDER HUGH LAWSON, Senior District Judge. Appellant, Terrance Torrel Thomas, filed a pro se Notice of Appeal from the United States Bankruptcy Court on October 10, 2014. His appeal was docketed with this Court on November 13, 2014. (Doc. 1). After being notified of his failure to pay the mandatory $298.00 filing fee, Defendant filed a Motion for Leave to Proceed In Forma Pauperis ("IFP"). (Doc. 3). The Court requested that Appellant provide additional information regarding his financial...
ORDER HUGH LAWSON, Senior District Judge. This case is before the Court on Defendant's Motion for Reconsideration. (Doc. 59). On May 20, 2014, United States Magistrate Judge Thomas Q. Langstaff entered a Recommendation granting in part and denying in part the Motion for Summary Judgment filed by Defendant Josh Donaldson ("Defendant") and his prior co-Defendant Tommy Sellars. (Doc. 55). Finding that the self-serving statements contained in Defendant's brief without any evidentiary support...
ORDER HUGH LAWSON, Senior District Judge. This case is before the Court on Defendants' Motion for Judgment on the Pleadings, or, in the Alternative, for Summary Judgment. (Doc. 48). After reviewing the pleadings, briefs, affidavits, and other evidentiary materials presented, and determining that there is no genuine dispute of the material facts, the Court finds that Defendants are entitled to judgment as a matter of law and grants Defendants' motion. I. BACKGROUND Plaintiff Peach Blossom...
ORDER JAMES I. COHN, District Judge. Plaintiff believed that her employer discriminated against her fellow black employees, and she complained about it. Defendants allegedly retaliated against Plaintiff after her numerous complaints of discrimination, eventually terminating her employment. She brings this action against her alleged joint employers Magnolia Manor, Inc. and Magnolia Manor of Columbus, Inc. ("Magnolia Columbus") for race-based retaliation pursuant to Title VII of the Civil...
ORDER HUGH LAWSON, Senior District Judge. Before the Court is the Motion for Summary Judgment (Doc. 14) by Defendant Georgia Power Company ("Georgia Power"). For the reasons stated below, the motion is granted. I. Summary Judgment Standard Summary judgment is appropriate when "the pleadings, the discovery and disclosure materials on file, and any affidavits show there is no genuine issue as to any material fact and...the moving party is entitled to a judgment as a matter of law." Fed. R....
ORDER STEPHEN HYLES, Magistrate Judge. Presently pending before the Court is Defendant's motion to remand the case to the Social Security Administration pursuant to sentence four of 42 U.S.C. 405(g). (ECF No. 17.) Plaintiff has notified the Court that she does not object to the motion. (ECF No. 18.) Therefore, Defendant's motion is hereby GRANTED and Plaintiff's application for disability insurance benefits and supplemental security income is remanded to the Commissioner for further...
ORDER W. LOUIS SANDS , District Judge . Presently before the Court is Defendant William C. Harris' Motion to Suppress. (Doc. 23.) For the following reasons, Harris' Motion to Suppress is GRANTED-in-PART and DENIED-in-PART. PROCEDURAL BACKGROUND On March 11, 2014, Defendant was indicted for possession of a firearm by a convicted felon in violation of 18 U.S.C. 922(g)(1) and 924(a)(2). (Doc. 1.) On July 15, 2014, Defendant filed the instant Motion to Suppress and argued the...
ORDER CLAY D. LAND, Chief District Judge. Plaintiff Margaret Jones claims that Defendant St. Francis Hospital, Inc., engaged in unlawful employment practices, including racial discrimination and retaliation for complaining about such discrimination. Plaintiff asserts that the decisionmaker for the Defendant, Elisabeth Tippins, may have made telephone calls or sent text messages containing information relevant to Plaintiff's claims. Therefore, Plaintiff served a subpoena on Verizon Cellco...
ORDER C. ASHLEY ROYAL, Chief District Judge. JOHN ANTHONY ESPOSITO petitions the Court for a writ of habeas corpus pursuant to 28 U.S.C. 2254. For the reasons discussed below, Esposito's petition is DENIED . I. BACKGROUND AND PROCEDURAL HISTORY A. Facts The evidence at trial, which included 21 year-old Esposito's confession to federal authorities, showed that he and his codefendant, 19 year-old Alicia Woodward, both residents of New Jersey, arrived in Lumberton, North Carolina...
ORDER C. ASHLEY ROYAL, District Judge. Before the Court is Plaintiff Michael Ray Coffey's "Objection to United States Magistrate Judge's Order Denying Plaintiff's Motion for Disallowance of Costs" [Doc. 124]. Having conducted a de novo review of the matters raised therein, the Court finds the Objection to be without merit. Following the entry of judgment in his favor, Defendant Deputy David Moss filed a bill of costs requesting $19.40 related to copying costs. Thereafter, the Clerk of...
