ORDER WILLIAM T. MOORE, Jr. , District Judge . Plaintiff/Relator Tracy Payton ("Relator") has moved the Court pursuant to F.R.C.P. 41(a) for the stipulated dismissal of the above-styled action against various Defendants. (Doc. 78; Doc. 79; Doc. 80.) Relator has requested that Defendants J.H. Whitney Capital Partners, LLC and Pediatric Healthcare, Inc. be dismissed from this action with prejudice. (Doc. 78, Doc. 79.) Relator requests that Defendants Pediatric Services of America, Inc., a...
ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 13), 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 and Petitioner's 28 U.S.C. 2255 motion is DENIED. In addition, Petitioner is not entitled to a Certificate of Appealability, rendering moot any request for in forma pauperis status on appeal. The...
ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 9), 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. As a result, Petitioner's Motion to Amend (Doc. 8) is DISMISSED AS MOOT. This case remains closed. SO ORDERED.
ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 7), to which Petitioner has filed objections (Doc. 12). After a careful de novo review of the record, the Court determines that Petitioner's objections are without merit. Accordingly, the report and recommendation is ADOPTED as the Court's opinion in this case and Petitioner's 28 U.S.C. 2255 Motion is DISMISSED for lack of jurisdiction. The Clerk of Court is...
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 objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. The Clerk is ordered to close this case. So ORDERED.
ORDER J. RANDAL HALL , District Judge . Plaintiffs initiated this action on September 12, 2016, in the Superior Court of Toombs County, Georgia. (Doc. 1-1 at 3-5.) In their complaint, Plaintiffs allege that Defendant negligently caused an automobile collision that injured Plaintiffs. Specifically, the complaint alleges that Plaintiff Emily Hitchcock Plante "has sustained injury and damage, including but not limited to medical expenses, loss of income and pain and suffering," and that...
ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is Plaintiffs' Motion for Remand (Doc. 8) and Defendant's Motion for Leave to Amend its Notice of Removal (Doc. 33). For the following reasons, Defendant's Motion to Amend (Doc. 33) is GRANTED. Plaintiffs' Motion to Remand (Doc. 8) is DENIED. BACKGROUND On September 3, 2016, Plaintiffs filed a complaint for damages against Defendant. (Doc. 1, Attach. 1 at 5.) Plaintiffs, a married couple, alleged that Plaintiff...
REPORT AND RECOMMENDATION G. R. SMITH , Magistrate Judge . Joaquin Mendez-Hernandez moves to vacate, set aside, or correct his sentence, under 28 U.S.C. 2255. CR413-004 doc. 902. 1 Preliminary review under Rule 4(b) of the Rules Governing 2255 Motions shows that his motion is time-barred. Mendez-Hernandez pled guilty on February 19, 2014 to conspiracy to engage in sex trafficking. Doc. 775 at 1. He had one year from the date that his conviction became final to seek 2255 relief. 28...
[PROPOSED] ORDER ON PLAINTIFFS' EXPEDITED MOTION TO STAY DEADLINES AND DISCOVERY PENDING RULING ON MEMORANDUM OF LAW IN SUPPORT THEREOF G. R. SMITH , District Judge . Plaintiffs having moved for a stay of deadlines and of discovery pending ruling on Plaintiffs' previously filed Motion for Remand and for Attorney Fees, and having shown good case for same, IT IS HEREBY ORDERED that all deadlines and discovery in this matter be stayed until such time as Plaintiffs' Motion to Remand and...
ORDER G.R. SMITH , District Judge . This action is before the court on Plaintiffs' Expedited Motion to Stay Deadlines and Discovery Pending Ruling on Motion to Remand and Memorandum of Law in Support Thereof. For good cause shown, the Motion is GRANTED. All case deadlines and discovery are hereby stayed pending the Court's ruling on the Plaintiffs' Motion to Remand. SO ORDERED.
ORDER ON PLAINTIFF'S EXPEDITED MOTION TO STAY DEADLINES AND DISCOVERY PENDING RULING ON MEMORANDUM OF LAW IN SUPPORT THEREOF G. R. SMITH , District Judge . Plaintiff having moved for a stay of deadlines and of discovery pending ruling on Plaintiff's previously filed Motion for Remand and for Attorney Fees, and having shown good case for same, IT IS HEREBY ORDERED that all deadlines and discovery in this matter be stayed until such time as Plaintiff's Motion for Remand and for Attorney...
ORDER ON PLAINTIFFS' EXPEDITED MOTION TO STAY DEADLINES AND DISCOVERY PENDING RULING ON MEMORANDUM OF LAW IN SUPPORT THEREOF G. R. SMITH , District Judge . Plaintiffs having moved for a stay of deadlines and of discovery pending ruling on Plaintiffs' previously filed Motion for Remand and for Attorney Fees, and having shown good case for same, IT IS HEREBY ORDERED that all deadlines and discovery in this matter be stayed until such time as Plaintiffs' Motion to Remand and for Attorney...
ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is Defendant Joseph Moyse's Motion to Dismiss Plaintiff's Complaint. (Doc. 33.) Defendant Moyse alleged that he had not been properly served by Plaintiff and that the Complaint should be dismissed for lack of personal jurisdiction. (Doc. 33, Attach. 1 at 3.) Defendant Moyse has since been properly served (Doc. 46), acknowledged that service (Doc. 48), filed a Notice of Withdrawal of Motion to Dismiss (Doc. 49), and answered...
CONSENT ORDER OF FORFEITURE J. RANDAL HALL , District Judge . WHEREAS, on August 3, 2016, a federal grand jury sitting in the Southern District of Georgia returned a four-count Indictment against Defendant Kathy Buffington and Donnie Joe Wilson charging violations of 21 U.S.C. 846 (Count One — Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances); 21 U.S.C. 841(a)(1) (Count Two — Possession with Intent to Distribute Controlled Substances); 18 U.S.C....
ORDER LISA GODBEY WOOD , Chief District Judge . After an independent and de novo review of the record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, (dkt. no. 4), to which Objections have been filed. 1 Fernando Arvizu Diaz's ("Diaz") Objections are not responsive to the Magistrate Judge's Report and Recommendation. Accordingly, the Court ADOPTS the Magistrate Judge's Report and Recommendation, (dkt. no. 4), as the opinion of the Court. Consequently,...
ORDER R. STAN BAKER , Magistrate Judge . This matter is before the Court on Defendants' Motion to Extend Discovery. (Doc. 42.) After careful consideration and for good cause shown, the Court GRANTS Defendants' Motion to Extend. THEREFORE, IT IS HEREBY ORDERED that discovery is extended to and including February 13, 2017, and the deadline for filing motions is extended to and including March 14, 2017. Additionally, the Court provides instructions to Plaintiff regarding Defendant...
ORDER DUDLEY H. BOWEN , District Judge . Before the Court is Defendant's motion to reduce sentence pursuant to 18 U.S.C. 3582(c) (2). Defendant cites Amendment 782 to the United States Sentencing Guidelines, which implemented a two-level offense level reduction to the offense levels assigned to the drug quantities set forth in Section 2D1.1 of the Guidelines. As previously explained to Defendant, his offense level was determined by his conviction for unlicensed dealing in firearms and...
ORDER and MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION R. STAN BAKER , Magistrate Judge . Plaintiff, an inmate at Smith State Prison ("SSP") in Glennville, Georgia, filed a cause of action pursuant to 42 U.S.C. 1983 and the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. 2000cc-1, et seq . (Doc. 1.) Plaintiff filed his Complaint on September 4, 2015, alleging that Defendant prevented him from participating in SSP's Eid-ul-Fitr feast—a religious feast...
ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is Plaintiff's Motion to Amend this Court's September 4, 2015 Order. (Doc. 304.) For the following reasons, the motion is DENIED. This case remains closed. ANALYSIS Plaintiff filed this case in the State Court of Chatham County on October 8, 2009. She brought claims on her own behalf and on behalf of her minor children against Defendants Green Eyes USA, Inc.; Faustino Jimenez; Canal Insurance Company; Shelly, Middlebrooks...
ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 20), to which Petitioner has filed objections (Doc. 22). After a careful de novo review of the record, the Court determines that Petitioner's objections are without merit. Accordingly, the report and recommendation is ADOPTED as the Court's opinion in this case and Petitioner's Motion for Leave to Appeal in Forma Pauperis (Doc. 18) is DENIED. SO ORDERED.
