ORDER AND REPORT AND RECOMMENDATION GERRILYN G. BRILL, Magistrate Judge. Counsel for the Defendant Rapheal Banks has filed two motions related to Banks' rights under the Speedy Trial Act [Does. 238, 240]. The first motion, in its entirety, consists of a one-sentence demand for a speedy trial [Doc. 238]. The basis of that motion is unclear, particularly in light of the fact that counsel consented to the continuance of a pre-trial evidentiary hearing [ see Doc. 223]. That hearing is scheduled...
FINAL REPORT AND RECOMMENDATION AND ORDER GERRILYN G. BRILL, Magistrate Judge. Defendant Patrick McIntosh ("Defendant") is charged with receiving firearms and ammunition while under indictment for a felony (Count One) and making a threat on the life of the President of the United States (Count Two). Pending before this court are Defendant's Motion to Suppress Evidence, Motion to Allow Participation in Voir Dire and Motion to Suppress Statements [Docs. 37, 38, and 39]. The Motion to Allow...
FINAL REPORT AND RECOMMENDATION WALTER E. JOHNSON, Magistrate Judge. This matter has been submitted to the undersigned Magistrate Judge for consideration of movant Jason Antti's pro se Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. 2255 [20] ("Motion to Vacate"), as amended [22] ("Amended Motion"), the government's Motion to Dismiss and Response [27], and Mr. Antti's Response [30]. For the reasons stated below, the undersigned RECOMMENDS that the government's Motion...
FINAL REPORT AND RECOMMENDATION WALTER E. JOHNSON, Magistrate Judge. Proceeding pro se , Joseph Monroe Wilson has filed a Motion Under 28 U.S.C. 2255 To Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody [104]. 1 Because Mr. Wilson executed an enforceable waiver of his right to attack his conviction and sentence under 2255 ( see Plea Agmt. [90] 8), the undersigned RECOMMENDS that Mr. Wilson's Motion be DISMISSED and that a Certificate of Appealability be DENIED...
REPORT AND RECOMMENDATION J. CLAY FULLER, Magistrate Judge. This case is before the Court on Defendant's "Motion To Sever Defendants [re: Bruton problem]." (Doc. 63). Defendant moves, pursuant to Bruton v. United States, 391 U.S. 123 (1968), to sever her trial from that of her co-defendants because she "suspects that some of the codefendants may have given statements which directly or incriminate Ms. Morales." (Doc. 63 at 2). In Bruton, the Supreme Court "held that a defendant is...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY 1 J. CLAY FULLER, Magistrate Judge. The defendant, Michael Ray London, by consent, has appeared before the undersigned and has entered a plea of guilty to COUNT TWO of the indictment. After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Rule 11, the undersigned has determined that the guilty plea was knowing and voluntary, and that the plea to the offense charged is supported by an...
ORDER APPROVING REPORT AND RECOMMENDATION AND ACCEPTANCE OF PLEA OF GUILTY J. CLAY FULLER, Magistrate Judge. The court has received the magistrate judge's report and recommendation filed on December 18, 2014. This report and recommendation finds the defendant's plea of guilty to have been knowingly and voluntarily made and finds that the charge(s) to which the plea is entered is supported by an independent basis in fact establishing each of the essential elements of the offense. The...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY 1 J. CLAY FULLER, Magistrate Judge. The defendant, Jose Macias-Sanchez, by consent, has appeared before the undersigned and has entered a plea of guilty to COUNT ONE of the indictment. After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Rule 11, the undersigned has determined that the guilty plea was knowing and voluntary, and that the plea to the offense charged is supported by an...
OPINION AND ORDER THOMAS W. THRASH, Jr., District Judge. This is a personal injury action. It is before the Court on the Defendant's Motion for Summary Judgment [Doc. 146], the Defendant's Motion for Partial Summary Judgment or, in the Alternative, Motion to Add ML Healthcare Services, LLC [Doc. 148], and the Plaintiff's Motion to Strike Answer, or Fact and Issue Preclusion [Doc. 166]. For the reasons stated below, the Defendant's Motion for Summary Judgment is DENIED. The Plaintiff's Motion...
ORDER CHARLES A. PANNELL, Jr., District Judge. This matter is before the court on the magistrate judge's report and recommendation ("R&R") [Doc. No. 80] and Enkeleon Manati's objections thereto [Doc. No. 84]. 1 Manati objects on the basis that the magistrate judge failed to follow judicial policy in denying his motion to proceed in forma pauperis, specifically Volume 7 Part A, Chapter 2 210.40.30 and 210.40.50. While acknowledging that he has "some money at the moment," Manati argues...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION RUSSELL G. VINEYARD, Magistrate Judge. Defendant Enkeleon Manati ("defendant"), through his retained counsel, has filed a "Motion to Proceed In Forma Pauperis for Appeal," [Doc. 72], which has been referred to the undersigned, see [Doc. 79]. For the reasons that follow, it is RECOMMENDED that the motion be DENIED. 1 Rule 24 of the Federal Rules of Appellate Procedure provides that "a party to a district-court action who desires to appeal...
ORDER RICHARD W. STORY, District Judge. This case is before the Court for consideration of the Report and Recommendation [38] of Magistrate Judge J. Clay Fuller. After reviewing the Report and Recommendation, it is received with approval and adopted as the Opinion and Order of this Court. Accordingly, Defendants' Motions to Dismiss [18, 29] are GRANTED , and Plaintiff's Amended Complaint is DISMISSED .
ORDER TIMOTHY C. BATTEN, Sr., District Judge. This case is before the Court on Magistrate Judge Alan J. Baverman's Final Report and Recommendation ("R&R") [915] and Movant RoShaun Hood's objections [956]. Magistrate Judge Baverman recommends that the motion to vacate, set aside, or correct sentence [597] be denied and a certificate of appealability be denied. A district judge has a duty to conduct a "careful and complete" review of a magistrate judge's R&R. Williams v. Wainwright, 681 F....
OPINION AND ORDER THOMAS W. THRASH, Jr., District Judge. This is a declaratory judgment action. It is before the Court on the Defendants Mitchell Chadwick and Linda Chadwick's Motion to Dismiss [Doc. 13]. For the reasons set forth below, the Motion to Dismiss [Doc. 13] is GRANTED. I. Background The Plaintiff Owners Insurance Company issued an automobile insurance policy (the "Policy") to the Defendant Joanne Parsons, which went into effect on May 21, 2013. 1 The Policy provided bodily...
ORDER RICHARD W. STORY, District Judge. This case comes before the Court on Defendants' Universal City Studios LLC and Marc Platt Productions Motion to Dismiss Amended Complaint [8] and Request for Oral Argument [10]. After reviewing the record, the Court enters the following Order. Background Plaintiff Ereina "Honey Rockwell" Valencia brings this action against Defendants Universal City Studios LLC ("Universal City") and Marc Platt Productions ("Marc Platt") (collectively, the "Defendants"...
MOTION TO VACATE 28 U.S.C. 2255 STEVE C. JONES, District Judge. ORDER This matter is before the Court on federal inmate Dwayne Payne's Objections [81] to a Final Report and Recommendation (the "Final R&R") [78], recommending dismissal of his Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody [77]. For the reasons that follow, the Final R&R will be adopted and approved as the order of this Court (as supplemented by this Order) and Payne's...
MOTION TO VACATE 28 U.S.C. 2255 E. CLAYTON SCOFIELD, III, Magistrate Judge. FINAL REPORT AND RECOMMENDATION Dwayne Payne and Renaldo Robichaw were indicted for conspiring with one another to deal firearms without a license, in violation of 18 U.S.C. 371. See [Doc. No. 11]. Mr. Payne entered a non-negotiated guilty plea, see [Doc. No. 43-1], and he was sentenced to a four-year term of imprisonment, see [Doc. No. 50]. 1 Mr. Payne did not file a direct appeal. Mr. Payne has now...
WRITTEN OPINION AND ORDER JANET F. KING, Magistrate Judge. On May 1, 2014, Plaintiff Jardon Bouska filed a complaint in the Superior Court of Fulton County against Defendant Fiserv, Inc., seeking damages for an alleged breach of contract or, in the alternative, under the doctrine of promissory estoppel and for intentional and negligent misrepresentation. [Doc. 1-1 ("Complaint")]. On June 2, 2014, Defendant removed the case to this court. [Doc. 1]. In lieu of filing an answer, on June 23,...
OPINION AND ORDER WILLIAM S. DUFFEY, Jr., District Judge. This matter is before the Court on the Government's Motion for Downward Departure Based on Substantial Assistance [8] and Defendant's Sentencing Memorandum in Support of the Government's Motion for Downward Departure [9]. I. BACKGROUND This prosecution arose from the break in of a home and the abduction of a 14-year-old girl during the break in. Defendant entered a plea of guilty to conspiracy to commit a Hobbs Act robbery, in...
OPINION AND ORDER THOMAS W. THRASH, JR. , District Judge . This is a declaratory judgment action regarding an insurance coverage dispute. It is before the Court on the Plaintiff's Motion for Summary Judgment [Doc. 27] and the Defendant's Motion for Summary Judgment [Doc. 28]. For the reasons stated below, the Plaintiff's Motion for Summary Judgment is GRANTED and the Defendant's Motion for Summary Judgment is DENIED. I. Background On the evening of May 15, 2010, the Defendant Emily...
