ORDER MARC T. TREADWELL , District Judge . Plaintiff Gregory Barrion brought claims against Defendants McLaughlin, Eaddie, Thomas, Pope, Williams, Holt, Collins, and Perry (in his official capacity only) for cross-cuffing him in violation of the Eighth Amendment. He raised conditions of confinement and excessive force claims against all defendants and a deliberate indifference to serious medical needs claim against Thomas. Doc. 29 at 1-6. The parties filed cross-motions for summary...
ORDER MARC T. TREADWELL , District Judge . The Court granted Plaintiff Debra Joyce Wilson's motion to proceed in forma pauperis ("IFP") and dismissed her complaint as frivolous pursuant to 28 U.S.C. 1915(e)(2)(B). Doc. 4. After the entry of judgment, Wilson moved for an extension of time to file a brief arguing for an injunction, for leave to exceed the page limits in that brief, and to approve her entry of an exhibit into the record. Docs. 6; 7. However, as the Court noted in its...
ORDER CLAY D. LAND , Chief District Judge . This matter is before the Court pursuant to a Report and Recommendation by the United States Magistrate Judge entered on February 6, 2020. There was no objection to this Recommendation as permitted by 28 U.S.C. 636(b)(1). Therefore, the Court reviews the Recommendation for clear error. Finding no clear error, the Court adopts the Recommendation of the Magistrate Judge and makes it the order of this Court. IT IS SO ORDERD.
ORDER MARC T. TREADWELL , District Judge . Plaintiff Debra Hines has moved for recusal of the undersigned. Doc. 65. In her motion, Hines states that "[t]he District Court abuse[d] its discretion by threatening Hines with a `notice of sanction' for no reason." Id. at 2. In the Court's order granting the previous Defendants' motion to dismiss, the Court notified Hines that it would "impose appropriate sanctions" if she committed forgery again as she did in this case and a previous case...
AGREED PROTECTIVE ORDER CLAY D. LAND , District Judge . The parties agree that during the course of discovery it may be necessary to disclose certain confidential information relating to the subject matter of this action. They agree that certain categories of such information should be treated as confidential, protected from disclosure outside this litigation, and used only for purposes of prosecuting or defending this action and any appeals. The parties jointly request entry of a...
ORDER LESLIE A. GARDNER , District Judge . Before the Court are the following motions: • Defendants Brown & Adams, LLC, Clayton M. Adams, Mark D. Lefkow, and Nall & Miller, LLP's (collectively Brown & Adams Defendants) Motion to Dismiss or, Alternatively, for Summary Judgment (Doc. 4); • Brown & Adams Defendants' Motion to Restrict Future Court Filings by Plaintiff (Doc. 6); • Defendants Canal Insurance Company, Austin & Sparks, P.C., and John T. Sparks, Sr.'s (collectively Canal...
ORDER ADOPTING REPORT AND RECOMMENDATION TILMAN E. SELF, III , District Judge . Before the Court is the United States Magistrate Judge's Report and Recommendation ("R&R") [Doc. 70] on Defendant Lawson's Motion for Summary Judgment [Doc. 64] of Plaintiff's 42 U.S.C. 1983 action against her for violating his Eighth Amendment rights. Plaintiff alleges that Lawson's deliberate indifference to his serious medical need caused Plaintiff to become blind in his right eye after Lawson delayed...
REPORT AND RECOMMENDATION CHARLES H. WEIGLE , Magistrate Judge . Before the Court is a motion for summary judgment filed by Defendant Lawson. (Doc. 64). Defendant Dr. Stifanos Almedom, the only other remaining defendant in this action, is not a party to the motion. See ( id., p. 1 n.1). 1 Because Defendant Lawson is entitled to qualified immunity from Plaintiff Eddie James King's deliberate indifference to medical needs claim, it is RECOMMENDED that the motion be GRANTED. I....
ORDER ADOPTING THE UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION TILMAN E. SELF, III , District Judge . After a de novo review of the record in this case, the Court ADOPTS the United States Magistrate Judge's Report and Recommendation [Doc. 148] and MAKES IT THE ORDER OF THE COURT . 28 U.S.C. 636(b)(1)(C). Consistent with the magistrate judge's recommendation, the Court GRANTS Defendants' Motion to Dismiss. [Doc. 124]. The Court thoroughly reviewed and considered...
REPORT AND RECOMMENDATION CHARLES H. WEIGLE , Magistrate Judge . Before the Court is a motion to dismiss filed by the Defendants. (Doc. 124). For the following reasons, it is RECOMMENDED that the motion be GRANTED, and that this action be DISMISSED with prejudice. At the core of this Section 1983 action is Plaintiff Christopher Amerson's claim that his meals are being poisoned by prison staff. This Court previously adjudicated a different action commenced by Plaintiff involving the...
ORDER MARC T. TREADWELL , District Judge . Defendant Blue Bird Corporation moves for summary judgment on all claims. For the following reasons, that motion (Doc. 36) is GRANTED. I. BACKGROUND 1 In June 2015, Plaintiff Rickie Lewis, an African-American, was hired by Defendant Blue Bird Corporation as a maintenance technician, with responsibility for routine maintenance and repairs. Doc. 44-2 at 8. Maintenance technicians worked under group leaders, who would assign them preventive...
PRELIMINARY ORDER OF FORFEITURE CLAY D. LAND , Chief District Judge . WHEREAS, on February 28, 2020, Defendant Donald McFall (hereinafter "McFall" or "Defendant"), pled guilty to Count One of the Indictment charging him with Possession of Child Pornography, in violation of Title 18, United States Code, Sections 2252A(a)(5)(B) and 2252A(b)(2); AND WHEREAS, the Indictment contained a generic Forfeiture Notice, pursuant to which the United States seeks forfeiture under Title 18, United...
ORDER MARC T. TREADWELL , District Judge . This case arises from efforts by the Defendants to collect a student loan. With regard to the Fair Debt Collection Practices Act claim, Plaintiffs Justin and Stanley Pierce contend that the Defendants violated 15 U.S.C. 1692e(9) when it "commenced, litigated, and maintained" a collection action in Bibb County Magistrate Court because they represented in that action that the National Collegiate Student Loan Trust ("the Trust") was the real party...
ORDER MARC T. TREADWELL , District Judge . Presently pending before the Court are two documents filed by pro se Plaintiff David L. McGuire that have been docketed as motions for reconsideration (ECF Nos. 53, 54). For the following reasons, the Court DENIES both of Plaintiff's motions (ECF Nos. 53, 54). Plaintiff first seeks "reconsideration for not paying fees." Mot. Recons. 1, Mar. 2, 2020, ECF No. 53. The Court of Appeals previously dismissed Plaintiff's appeal because Plaintiff "...
ORDER DENYING PLAINTIFF'S MOTIONS TILMAN E. SELF, III , District Judge . On March 2, 2020, Plaintiff filed motions to compel discovery [Doc. 98] and to request additional requests for production [Doc. 97] against Defendants. Plaintiff's motions are denied as untimely. On July 10, 2019, Plaintiff served her requests for admissions ("RTAs") and requests for production of documents ("RPDs") to Defendants. [Doc. 97, p. 1]. Plaintiff served 41 requests for admissions and an additional 47...
ORDER OF DISMISSAL TILMAN E. SELF, III , JUDGE UNITED STATES DISTRICT COURT. During his opening statement at his confirmation hearing, now-Justice Gorsuch made some very insightful comments about judges and the toll certain cases take on them: As a judge now for more than a decade, I have watched my colleagues spend long days worrying over cases. Sometimes, the answers we reach are not the ones we personally prefer. Sometimes the answers follow us home and keep us up at night. But the...
ORDER GRANTING DEFENDANT DEESE'S MOTION FOR SUMMARY JUDGMENT TILMAN E. SELF, III , District Judge . Before the Court is Defendant Sheriff Terry Deese's Motion for Summary Judgment [Doc. 18]. This action stems from Plaintiff Kenneth Talton's medical treatment (or alleged lack thereof) while an inmate at the Peach County Jail. Talton essentially alleges that Deese was deliberately indifferent to the pain and suffering from his hernia in violation of his Fourteenth Amendment rights. [Doc. 1,...
ORDER CLAY D. LAND , Chief District Judge . Erika Buckley was a speech language pathologist at Martin Army Community Hospital. She had several superiors and co-workers while at Martin Army, including, as relevant to the pending motion, Major Miller, Major Zhu, and Dr. Ribeiro. 1 In her amended complaint, she alleges that they and others unlawfully discriminated against her. She asserts the following claims against the Government pursuant to 42 U.S.C. 2000e et seq. ("Title VII") and...
ORDER CLAY D. LAND , CHIEF U.S. DISTRICT COURT JUDGE . Congress has determined that under certain circumstances federally funded community health centers and their employees may remove state court malpractice actions against them to federal court, have the United States substituted as the defendant, and limit the plaintiff's exclusive remedy to a claim against the United States pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. 1346(b), 2671-80. When the United States Attorney...
ORDER HUGH LAWSON , Senior District Judge . Before the Court is Defendants Stoller Enterprises, Inc., The Stoller Group, Inc., and Stoller USA, Inc.'s Motion to Transfer Venue, or Alternatively, to Dismiss for Lack of Personal Jurisdiction and Improper Venue. (Doc. 11). Defendants argue that the Court should dismiss Plaintiffs' action for declaratory judgment for lack of personal jurisdiction. Alternatively, Defendants ask the Court to transfer the case to the Southern District of Texas....
