ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 25), to which objections have been filed (Doc. 26). After careful consideration, however, the Court finds Petitioner's objections to be without merit. In his objections, Petitioner offers no justifiable excuse for previously failing to mention his 1999 state petition to vacate. 1 The remainder of the arguments contained within Petitioner's objections have already been...
ORDER J. RANDAL HALL , District Judge . In July 2014, Defendant Bunyon pleaded guilty to violating 18 U.S.C. 371 (doc. 7), and the Court sentenced her to thirty months' imprisonment in November 2014 (doc. 14). Bunyon now asks the Court to reduce or modify her sentence. (Doc. 20.) She makes this request so that she can return home to care for her family, and, to support her argument, she notes the troubles her family has faced and that she has begun working on her GED while in prison. The...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BRIAN K. EPPS , Magistrate Judge . Plaintiff commenced the above-captioned case pro se and is proceeding in forma pauperis ("IFP"). (Doc. no. 2, 12.) Plaintiff is a former employee at the Dwight D. Eisenhower Medical Center who was terminated on November 14, 2013. (Doc. no. 10, pp. 6, 8.) On August 15, 2014, Plaintiff sent a Freedom of Information Act ("FOIA") request for records pertaining to her termination to Kelly Elder. ( Id. ) As of...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BRIAN K. EPPS , Magistrate Judge . Petitioner, an inmate at the Federal Correctional Institution in Jesup, Georgia, has filed with this Court a motion under 28 U.S.C. 2255 to vacate, set aside, or correct his sentence. This case is now before the Court on Respondent's motion to dismiss Petitioner's 2255 motion, (doc. no. 3), to which Petitioner has filed a response, (doc. no. 5). For the reasons set forth below, the Court REPORTS and...
ORDER G.R. SMITH , Magistrate Judge . In this insurance coverage-based declaratory judgment action, defendants Joey and Sharon Herren move for leave "to allow an untimely jury demand." Doc. 105. Plaintiff Evanston Insurance Co. opposes, arguing that (1) the Herrens waived their right to a jury trial, and (2) nothing justifies permitting an untimely demand. Doc. 106. I. BACKGROUND Evanston filed its Complaint on June 7, 2013 seeking a declaration that it owes no defense to claims made...
ORDER G.R. SMITH , Magistrate Judge . The Court having reviewed and considered the petition of Gary F. Lynch of the law firm of Carlson Lynch Sweet & Kilpela, LLP, 1133 Penn Avenue, 5th Floor, Pittsburgh, Pennsylvania 15222, for permission to appear pro hac vice on behalf of plaintiff Grant Deloach, in the above-captioned case, Said request is hereby GRANTED and the Clerk is DIRECTED to enter Gary F. Lynch as counsel of record for plaintiff Grant Deloach, in this case. SO ORDERED.
ORDER J. RANDAL HALL , District Judge . Presently before the Court is Defendant's motion to dismiss or to transfer (Doc. 10). For the reasons below, Defendant's motion is DENIED. I. BACKGROUND On May 13, 2015, Plaintiff filed a complaint with this Court alleging that Remington Outdoor Company, Inc., Remington Arms Company, LLC, and RA Brands, LLC, participated in deceptive trade practices and unfair competition. (Compl., Doc. 1.) To this complaint, the defendants filed an answer (Doc....
ORDER G.R. SMITH , Magistrate Judge . Presently before the Court is Movant Neurby Celenia Diaz' unopposed Motion to Copy Defense Counsel's File. Being duly advised, the Court now GRANTS the same and ORDERS as follows: a. Attorney Arvo Henifin must digitize his entire defense file, including PSI Reports and Addenda, relating to his appointment of Ms. Diaz in Case Number 4:13-cr-150, including time logs, at a commercially reasonable rate and to deliver the same to attorney Howard W....
ORDER GEORGE R. SMITH , United States Magistrate Judge . Stacy Paul Waddell has been indicted for wire and mail fraud, money laundering, and destroying counterfeit gold coins to prevent their use against him. Doc. 89. With trial in this case looming, the Court has been addressing a steady stream of his motions. See docs. 119, 121, 122, 123, 126 & 132. It reaches the last two (docs. 129 & 131) here. I. ADDITIONAL INTERNET ACCESS Waddell moves the Court for additional internet access...
ORDER J. RANDAL HALL , District Judge . After a careful, de novo review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed. (Doc. no. 253.) Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion and DENIES Defendants Gross' and Wright's motions to suppress. (Doc. nos. 169, 183.) SO ORDERED.
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BRIAN K. EPPS , Magistrate Judge . Brandon Charles Wright and Eugene Michael Gross are two of sixteen defendants named in the Indictment, which alleges a drug distribution conspiracy involving marijuana, cocaine, and cocaine base. Wright and Gross seek the suppression of evidence seized during court-authorized searches of their residences, arguing that affidavits submitted in support of the warrant applications failed to establish probable cause....
ORDER J. RANDAL HALL , District Judge . Presently before the Court is a Consent Motion for Stay of Garnishment Pending Direct Appeal submitted by the Government and Defendant, Arthur James Marshall, Jr. Having considered the matter and being duly advised, the Court now ORDERS as follows: 1. IT IS ORDERED that the Consent Motion for Stay of Garnishment Pending Direct Appeal is granted. 2. IT IS ORDERED that all proceedings with respect to this garnishment are STAYED pendingthe...
ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court are the United States' Ex Parte Petition for Order Pursuant to 28 U.S.C. 1782 (Doc. 1) and Motion to Show Cause (Doc. 2). This case concerns a request from the Local Court of Amberg, Germany that Mr. Robert Williams be ordered to provide a DNA sample for use in a paternity dispute. After careful review of the record, this Court makes the findings below. This Court, as permitted by the Hague Convention and Federal law, may...
ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is the United States Application for Default Judgment and Final Order of Forfeiture. (Doc. 10.) In that application, the Government asks for the entry of judgment in rem against the funds held at Reitumu Bank, Account Number 0000609806182 (the "Defendant Property"), as well as against United Metal Products, Ryan Jones, Mike Sobora, Codi Manufacturing, David Eden Dix, and Bayline Marine Boats, Inc., their heirs, successors,...
ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is Defendant's Motion For Reduction In Sentence Pursuant to 18 U.S.C. 3582(c) (2). On June 10, 2015, the Court, sua sponte, reduced Defendant's custodial term from 121 months to 108 months, pursuant to 18 U.S.C. 3582(c) (2) and Amendment 782 to the United States Sentencing Guidelines. In Defendant's instant motion, he acknowledges that sentence reduction but asserts that the Court assigned him the wrong criminal history...
ORDER WILLIAM T. MOORE, Jr. , District Judge . On April 16, 2012, the Court sentenced Defendant to 108 months custody following her plea of guilty to possession with intent to distribute methamphetamine. On April 14, 2015, the Court, sua sponte, denied Defendant a sentence reduction pursuant to 18 U.S.C. 3582(c) (2) and Amendment 782 to the United States Sentencing Guidelines. The denial was based on the fact that Defendant's guideline calculations did not change as a result of...
ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is Defendant's Motion to Modify Sentence Pursuant to Retroactive Amendment 750 (Doc. 1556), filed on August 31, 2015. This motion constitutes Defendant's second motion for a sentence reduction pursuant to Amendment 750 to the United States Sentencing Guidelines. The first motion was filed on October 31, 2013 (Doc. 1468), and was denied by this Court on May 14, 2014 (Doc. 1486), as Amendment 750 did not have the effect of...
ORDER G. R. SMITH , Magistrate Judge . Let a copy of this Report and Recommendation be served upon counsel for the parties. Any objections to this Report and Recommendation must be filed with the Clerk of Court not later than January 4, 2016. The Clerk shall submit this Report and Recommendation together with any objections to the Honorable William T. Moore, Jr., United States District Judge, on January 5, 2016. Failure to file an objection within the specified time means that this Report...
ORDER G. R. SMITH , Magistrate Judge . Let a copy of this Report and Recommendation be served upon counsel for the parties. Any objections to this Report and Recommendation must be filed with the Clerk of Court not later than January 4, 2016. The Clerk shall submit this Report and Recommendation together with any objections to the Honorable William T. Moore, Jr., United States District Judge, on January 5, 2016. Failure to file an objection within the specified time means that this Report...
REPORT AND RECOMMENDATION G.R. SMITH , Magistrate Judge . In this employment discrimination case removed from state court, pro se inmate Alvin Moore complains that Georgia-Pacific (GP) racially discriminated against him in 2008 (doc. 1-1 at 25); created a hostile work environment in violation of Title VII ( id. at 26); retaliated against him for "attempting to protect and vindicate" his Title VII rights ( id. at 29); denied him due compensation, possibly (his complaint is nothing if...
