ORDER G.R. SMITH, Magistrate Judge. Before the Court in this international business dispute case are three discovery matters. First, defendants move to compel certain discovery responses from the plaintiffs, and to sanction them for "repeated" discovery violations. Doc. 33. They invoke the dismissal sanction under Fed. R. Civ. P. 41. Id. at 1, 15. Only the district judge can grant that sanction, as well as reach the later-filed plaintiffs' motion for summary judgment, doc. 50, to which...
ORDER J. RANDALL HALL, District Judge. After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, the Motion for Additional Supporting Evidence is DENIED (doc. no. 14), and the petition filed pursuant to 28 U.S.C. 2254 is DENIED. Furthermore, a prisoner seeking relief...
ORDER G.R. SMITH, Magistrate Judge. In this maritime personal injury case, defendant Maersk Line, Limited (Maersk) moves under Fed. R. Civ. P. 26(c) for an order to: (1) prevent plaintiffs' lead counsel, Brent Savage, from "re-abusing" a deposition witness; and (2) bar plaintiffs' use here of a prior state-court deposition of that same witness, lest they profit from Savage's misconduct during that deposition. Doc. 71. I. BACKGROUND John Horton, a longshoreman, sued the Georgia Ports...
ORDER LISA GODBEY WOOD, District Judge. After an independent review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. Defendant's Motion to Dismiss is GRANTED. Plaintiffs claims against Defendant are DISMISSED without prejudice. The Clerk of Court is hereby and directed to enter an appropriate Judgment of...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION JAMES E. GRAHAM, Magistrate Judge. Plaintiff, who is proceeding pro se and in forma pauperis, filed this cause of action pursuant to 42 U.S.C. 1983. Presently before the Court is the Defendant's Motion to Dismiss for want of prosecution pursuant to FED. R. Civ. P. 41(b). (Doc. No. 17). 1 Plaintiff has not filed a response to Defendant's Motion. In this Motion, Defendant contends that Plaintiff's Complaint should be dismissed based on...
ORDER DUDLEY H. BOWEN, District Judge. After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed (doc. no. 91). 1 Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Defendants' motion for summary judgment is GRANTED (doc. no. 59), a final judgment shall be ENTERED in favor of Defendants, and this civil action is CLOSED....
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BRIAN K. EPPS, Magistrate Judge. At the time of the events giving rise to the above-captioned case brought pursuant to 42 U.S.C. 1983, Plaintiff was an inmate incarcerated at Telfair State Prison ("TSP") in Helena, Georgia. ( See doc. no. 22, p. 2.) Plaintiff is proceeding pro se and in forma pauperis, and before the Court is Defendants' motion for summary judgment. (Doc. no. 59.) For the reasons set forth below, the Court REPORTS AND...
ORDER LISA GODBEY WOOD, Chief Judge. After an independent and de novo review, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Defendant Thomas Blagmon has objected. Dkt. No. 39; Dkt. No. 41. Defendant argues that because his residence met the definition of "private place" for the purpose of Georgia's criminal prohibition against unlawful eavesdropping or surveillance, violation of which is a felony, he may suppress any evidence collected by the...
ORDER LISA GODBEY WOOD, Chief District Judge. Presently before the Court is a Motion for Summary Judgment filed by Defendants Steven Land and the City of Hazlehurst (the "City"). See Dkt. No. 14. For the reasons stated below, Defendants' motion is GRANTED. BACKGROUND Plaintiff Larry Allen, a 62 year-old African American male, has been a police officer with the City of Hazlehurst Police Department since 1984. Dkt. No. 14, Ex. 1, 2. On March 6, 2008, Allen filed his first EEOC charge ("...
ORDER J. RANDAL HALL, District Judge. Plaintiffs brought this negligence action against Defendant pursuant to the Federal Tort Claims Act. On August 28-29, 2013, the Court held a bench trial. On August 30, 2013, the Court orally made findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52(a)(1). Based on those findings and conclusions, the Court determined that Defendant is entitled to a judgment in its favor. Accordingly, the Clerk is DIRECTED to enter FINAL...
ORDER and MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION JAMES E. GRAHAM, Magistrate Judge. The undersigned's Order and Report and Recommendation dated January 22, 2013, are hereby vacated, and the following shall take their stead. Plaintiffs Motion to return the matter to the Magistrate Judge (Doc. No. 29) is dismissed as moot. Plaintiffs Objections (Doc. No. 30) are dismissed as moot. Plaintiff's Motion to Amend his Amended Complaint (Doc. No. 34) is granted, as this amendment only...
ORDER LISA GODBEY WOOD, Chief District Judge. After an independent review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. The Petition for writ of habeas corpus, filed pursuant to 28 U.S.C. 2241, is DISMISSED, without prejudice, due to Garcia's failure to exhaust his available administrative remedies....
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION JAMES E. GRAHAM, Magistrate Judge. Petitioner Ramon Garcia ("Garcia"), who is currently housed at D. Ray James Correctional Institution in Folkston, Georgia, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241. Respondents filed a Response. 1 For the reasons which follow, Garcias petition should be DISMISSED. STATEMENT OF THE CASE Garcia was convicted in the Middle District of Florida of the manufacture and cultivation of...
ORDER B. AVANT EDENFIELD, District Judge. On September 11, 2012, the Court entered an Order denying Defendant's Motion for Sentence Reduction Pursuant to 18 U.S.C. 3582(c)(2). On August 7, 2013, Defendant filed a subsequent Motion for Sentence Reduction Pursuant to 18 U.S.C. 3582(c)(2). The Motion was postmarked August 5, 2013. Defendant requests a reduction based upon the retroactive application of Amendment 750. Since the motion is a pro se motion, the Court will liberally construe...
ORDER WILLIAM T. MOORE, Jr., District Judge. Before the Court is the Magistrate Judge s Report and Recommendation (Doc. 16), to which no objections have been filed. After a careful de novo review of the record, the report and recommendation is ADOPTED as the Court s opinion in this case. As noted in the report and recommendation, the Court declines to grant Petitioner a Certificate of Appealability, rendering moot any request for leave to appeal in forma pauperis The Clerk of Court is...
ORDER DUDLEY H. BOWEN, District Judge. After a careful, de novo review of the file, the Court concurs with the Magistrate Judge s Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court, and the instant $2255 motion is DISMISSED. Further, a federal prisoner must obtain a certificate of appealability ("COA") before appealing the denial of his motion to vacate. This Court "...
ORDER B. AVANT EDENFIELD, District Judge. After a de novo review of the record, including the requisite liberal construction of Green's complaint, the Court concurs with Magistrate Judge's Report and Recommendation, to which an objection has been filed. Barnes v. United States, 427 F. App'x 726, 727 (11th Cir. 2011) (per curiam) (citing Haines v. Kerner, 404 U.S. 519 , 520 (1972)). The Report and Recommendation therefore is ADOPTED as the opinion of the Court.
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION JAMES E. GRAHAM, Magistrate Judge. Plaintiff, who is currently incarcerated at the Atlanta Transitional Center, filed a cause of action pursuant to 42 U.S.C. 1983, contesting certain conditions of his confinement while he was housed at Rogers State Prison in Reidsville, Georgia. Defendants filed a Motion to Dismiss. Plaintiff filed a Response. Defendants filed a Reply. Plaintiff filed a Surreply. For the reasons which follow, Defendants' Motion...
ORDER B. AVANT EDENFIELD, District Judge. After a careful de novo review of the record in this case, the Court concurs with Magistrate Judge's Report and Recommendation, to which objections have been filed. The Report and Recommendation therefore is ADOPTED as the opinion of the Court.
ORDER B. AVANT EDENFIELD, District Judge. After a careful de novo review of the record in this case, the Court concurs with Magistrate Judge's Report and Recommendation, to which an objection has been filed. The Report and Recommendation therefore is ADOPTED as the opinion of the Court.
