MAGISTRATE JUDGE'S ORDER AND FINAL REPORT AND RECOMMENDATION AND ORDER CERTIFYING THIS CASE READY FOR TRIAL LINDA T. WALKER , Magistrate Judge . This case is before the court on Defendant Christopher Wayne Jackson's ("Defendant") Motion to Suppress (Doc. 15), First Supplement to Motion to Suppress (Doc. 16), Post-Hearing Supplement to Motion to Suppress (Doc. 23), and Motion for Consideration of Additional Authority on Pending Motion to Suppress (Doc. 30). For the reasons that follow,...
FINAL REPORT AND RECOMMENDATION MOTION TO VACATE 28 U.S.C. 2255 LINDA T. WALKER , Magistrate Judge . Movant is a federal prisoner who, pro se, challenges under 28 U.S.C. 2255 her judgment of conviction. (Doc. 88 (original 2255 motion); Doc. 208 (amended motion).) 1 Movant claims that her former counsel, W. Matthew Dodge, rendered ineffective assistance at the investigation, plea, sentencing, and appeal stages of this case. ( Id.; Doc. 208-1 (amended brief in support of 2255...
ORDER STEVE C. JONES , District Judge . This matter is before the Court for consideration of the Reports and Recommendations of Magistrate Judge Russell G. Vineyard [Doc. Nos. 89 and100], to which no objections have been filed. After reviewing the Reports and Recommendations, the are received with approval and adopted as the Opinion and Order of this Court. Accordingly, Defendant's First Motion to Suppress Statements [Doc. No. 44], First Amended Motion to Suppress Statements [Doc. No. 53],...
ORDER RICHARD W. STORY , United States District Judge . This case comes before the Court on Plaintiff's Emergency Motion to Remand [17]. Also pending on the docket are Plaintiff's Motion for Order to Release 911 Recordings [46]; Defendant Colonial Pipeline's Motion to Stay Discovery [56]; and Colonial's Motion for Oral Argument [60]. After reviewing the record, the Court enters the following Order commensurate with its ruling at the scheduling conference on December 11, 2018. Background...
OPINION AND ORDER THOMAS W. THRASH, JR. , District Judge . This is an action under the Fair Labor Standards Act for unpaid overtime wages. It is before the Court on the Plaintiffs' Motion for Conditional Certification and Issuance of Notice [Doc. 43]. For the following reasons, the Plaintiffs' Motion is GRANTED. I. Background The named Plaintiffs are currently or were formerly employed as "drivers" or "laborers" by Defendant American Disposal Services of Georgia, Inc. 1 The Plaintiffs...
ORDER ADOPTING REPORT AND RECOMMENDATION MICHAEL L. BROWN , District Judge . Before the Court is the Magistrate Judge's Report and Recommendation on Defendant's Competency to Stand Trial ("R&R") (Dkt. 41). The R&R recommends that the Court find Defendant competent to stand trial. Where, as here, no party files objections to the R&R, the Court conducts a review of the record for plain error. See United States v. Slay, 714 F.2d 1093 , 1095 (11th Cir. 1983) (per curium). And after a...
ORDER THOMAS W. THRASH, JR. , District Judge . This is a criminal action. It is before the Court on the Report and Recommendation [Doc. 205] of the Magistrate Judge recommending denying the Defendant TaShawna Stokes' Motion for Bill of Particulars [Doc. 193] and granting in part and denying in part the Defendants' Motion to Exclude Expert Testimony [Doc. 191]. The Defendants' Objections are without merit. For the reasons set forth in the thorough and well-reasoned Report and Recommendation,...
ORDER LEIGH MARTIN MAY , District Judge . This matter is before the Court on the Magistrate Judge s Report and Recommendation [71]. No objections have been filed in response to the Magistrate s Report and Recommendation. Therefore, in accordance with 28 U.S.C. 636(b)(1) and Rule 72 of the Federal Rules of Civil Procedure, the Court has reviewed the Magistrate s Report and Recommendation for clear error and finds none. Accordingly, the Court ADOPTS the Magistrate Judge s Report and...
UNITED STATES MAGISTRATE JUDGE'S FINAL REPORT AND RECOMMENDATION MOTION TO VACATE 28 U.S.C. 2255 ALAN J. BAVERMAN , Magistrate Judge . Movant has filed a 28 U.S.C. 2255 motion to vacate, set aside, or correct his federal sentence entered in this Court under the above criminal docket number. The matter is before the Court on the motion to vacate, [Doc. 65], Respondent's response, [Doc. 67], and Movant's reply, [Doc. 70]. For the reasons discussed below, the undersigned RECOMMENDS...
NON-FINAL REPORT AND RECOMMENDATION WALTER E. JOHNSON , Magistrate Judge . This matter is before the Court on the Motion to Suppress Mr. Barr's In-Custody Statements [67]. Defendant Anthony Michael Barr contends that his custodial statements of September 1, 2017 must be suppressed because he had invoked his right to counsel upon his arrest the day before. On September 12, 2018, the Court conducted an evidentiary hearing [76], which has been transcribed [74]. The issue has been briefed. (...
ORDER HAROLD L. MURPHY , Senior District Judge . This case is before the Court on the Motion to Suppress filed by Defendant Michael Anthony Barr ("Mr. Barr") [67], as well as on the Non-Final Report and Recommendation of United States Magistrate Judge Walter E. Johnson [95] and Mr. Barr's Objections to the Non-Final Report and Recommendation [100]. I. Standard of Review When reviewing a magistrate judge's report and recommendation, 28 U.S.C. 636 requires the district court to conduct "...
ORDER RICHARD W. STORY , District Judge . This matter is before the Court on the Report and Recommendation of Magistrate Judge J. Clay Fuller [Doc. No. 41]. In reviewing a Report and Recommendation, the district court "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. 636(b)(1). "Parties filing objections to a magistrate's report and recommendation must specifically identify...
NON-FINAL REPORT AND RECOMMENDATION WALTER E. JOHNSON , Magistrate Judge . This matter is before the Court on defendant Nadya Ivette Diaz's Motion to Dismiss Indictment [75]. On June 12, 2018, a grand jury in the Northern District of Georgia returned a Superseding Indictment [35] against defendants Anthony Michael Barr and Diaz, charging Diaz with conspiring to violate 18 U.S.C. 922(g)(1) and 2 by helping Mr. Barr possess firearms after he had been convicted of a felony (Count I);...
ORDER HAROLD L. MURPHY , Senior District Judge . This case is before the Court on the Motion to Dismiss Indictment filed by Defendant Nadya Ivette Diaz ("Ms. Diaz") [75], as well as on the Non-Final Report and Recommendation of United States Magistrate Judge Walter E. Johnson [91] and Ms. Diaz's Objection to the Non-Final Report and Recommendation [98]. I. Standard of Review When reviewing a magistrate judge's report and recommendation, 28 U.S.C. 636 requires the district court to...
ORDER AMY TOTENBERG , District Judge . This case comes before the Court on the Magistrate Judge's Report and Recommendation ("R&R) (Doc. 134) on Defendant's Motion to Suppress Statement (Doc. 124). The Report recommends the denial of the Motion. Under 28 U.S.C. 636(b)(1), the Court reviews the Magistrate's Report and Recommendation for clear error if no objections are filed to the report. 28 U.S.C. 636(b)(1). If a party files objections, however, the district court must determine de...
ORDER ORINDA D. EVANS , District Judge . This criminal case is before the Court on Magistrate Judge Justin S. Anand's Order and Report and Recommendation ("R&R") [Doc. 196] as to Defendant Quintavious Obie ("Obie"). On October 30, 2018, the Government filed the Government's Motion for an Evidentiary Hearing Regarding Defendant Obie's Contempt of Court and Request for Modification of Pretrial Detention Conditions [Doc. 159]. On November 27, 2018, Judge Anand held a hearing on the...
ORDER AND REPORT AND RECOMMENDATION JUSTIN S. ANAND , Magistrate Judge . The Court on November 27, 2018 heard evidence and oral argument on the Government's Motion for and Evidentiary Hearing Regarding Defendant Obie's Contempt of Court and Motion for Modification of Pretrial Detention Conditions [159]. I. Order Modifying Conditions of Detention For the reasons explained in detail on the record in open court at the conclusion of the hearing, the Court GRANTS the Government's Motion...
ORDER MARK H. COHEN , District Judge . This action comes before the Court on the Final Report and Recommendation ("R&R") of Magistrate Judge Linda T. Walker [Doc. 39] recommending that Defendant's Motion to Suppress Search [Doc. 16] and Amended Motion to Suppress Search [Doc. 22] be denied, and that Defendant's Motion to Suppress Statement [Doc. 17] be denied as abandoned. The Order for Service of the R&R [Doc. 40] provided notice that, in accordance with 28 U.S.C. 636(b)(1), the...
OPINION AND ORDER MICHAEL L. BROWN , District Judge . Defendants DL Investment Holdings, LLC, Reliance Laboratory Testing, Inc., Medivance Billing Service, Inc., Aaron Durall, and Neisha Carter Zaffuto (collectively, the "Hospital Defendants") move to compel arbitration of all claims against them in this proceeding. (Mot. to Compel, Dkt. 93.) Alternatively, they seek to stay all claims not sent to arbitration, and, again alternatively, to stay all litigation pending appeal of any order by...
ORDER THOMAS W. THRASH, JR. , District Judge . This is a criminal action. It is before the Court on the Report and Recommendation [Doc. 103] of the Magistrate Judge recommending denying the Defendant's Motion to Vacate Sentence [Doc. 88]. As set forth in the Report and Recommendation, the Defendant's claims of ineffective assistance of counsel are affirmatively refuted by the Defendant's statements under oath at the plea hearing. The Court approves and adopts the Report and Recommendation...
