ORDER J. RANDAL HALL , Chief District Judge . Presently before the Court is Plaintiff's notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41. (Doc. 36.) Plaintiff dismisses with prejudice Defendant Jason Beck, individually and as an officer, director, shareholder and/or principal of 3 Owners Enterprise Inc. d/b/a Surreal at Surrey. Because Defendant has yet to answer the complaint or serve a motion for summary judgment, the voluntary dismissal is proper. The Court...
ORDER ON MOTION FOR LEAVE OF ABSENCE J. RANDAL HALL , Chief District Judge . Jennifer Solari, having made application to the Court for a leave of absence, and it being evident from the application that the provisions of Local Rule 83.9 have been complied with, and no objections having been received; IT IS HEREBY ORDERED THAT Jennifer Solari be granted leave of absence for the following periods: January 2, 2018 through January 5, 2018 and January 18, 2018.
ORDER DUDLEY H. BOWEN , District Judge . Defendant Richard Whitehead has filed a pro se motion for early termination of his supervised release term. On September 23, 2004, Whitehead pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, over 5 kilograms of cocaine hydrochloride. On January 20, 2005, he was sentenced to 188 months imprisonment and five years of supervised release. Whitehead was released from custody on November 5, 2015. 1 Whitehead has...
REPORT AND RECOMMENDATION G.R. SMITH , Magistrate Judge . Defendant Timothy Stewart, indicted for three counts of being a felon in possession of a firearm, doc. 28, moves to dismiss all three counts of the superseding indictment due to insufficient evidence to support the respective charges. Doc. 40 (citing DNA evidence that allegedly excludes defendant as a possessor of the weapon); doc. 44 (citing the affidavit of a gun owner, who swears defendant never had possession of the pistol in...
ORDER G.R. SMITH , Magistrate Judge . Counsel in the above-captioned case have advised the Court that all pretrial motions have been complied wiEh and/or that all matters raised in the parties' motions have been resolved by agreement, Therefore, a hearing in this case is deemed unnecessary. SO ORDERED.
ORDER G.R. SMITH , Magistrate Judge . Based upon the application of the Government, and for good cause shown therein, it is hereby ORDERED: That the above-styled indictment, and all process issued thereunder, be unsealed. So ORDERED.
ORDER G.R. SMITH , Magistrate Judge . As service on defendants has been perfected (doc. 5 (Order greenlighting Complaint for service and directing United States Marshal to serve defendant East Georgia Regional Medical Center); doc. 8 (waiver of service signed by defendant on December 7, 2017)), defendant's motion to dismiss for failure to timely perfect service (doc. 6) is DENIED as moot. SO ORDERED.
ORDER WILLIAM T. MOORE, JR. , District Judge . Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 14), to which objections have been filed (Doc. 18). After a careful review of the record, the report and recommendation is ADOPTED as the Court's opinion in this case. Petitioner has provided no meritorious basis for relief in his objections. As a result. Petitioner's 28 U.S.C. 2255 petition is DENIED. Petitioner's request for an evidentiary hearing is DENIED....
ORDER G.R. SMITH , Magistrate Judge . Represented by counsel, Nikita Michelle Moore-Montgomery has filed a complaint asking the Court to review the denial of her social security disability claim. Doc. 1. She also seeks leave to proceed in forma pauperis (IFP). Docs. 2 & 3. After reviewing claimant's affidavit supporting her application, it appears that she lacks sufficient resources to pay the $400 filing fee. The Court therefore GRANTS her leave to proceed in forma pauperis. SO...
ORDER WILLIAM T. MOORE, JR. , District Judge . Brian J. Huffman, Jr., counsel of record for defendants in the above-styled cases, has moved for leave of absence. The Court is mindful that personal and professional obligations require the absence of counsel on occasion. The Court, however, cannot accommodate its schedule to the thousands of attorneys who practice within the Southern District of Georgia. Counsel may be absent at the times requested. However, nothing shall prevent these...
ORDER WILLIAM T. MOORE, JR. , District Judge . Brian J. Huffman, Jr., counsel of record for defendants in the above-styled cases, has moved for leave of absence. The Court is mindful that personal and professional obligations require the absence of counsel on occasion. The Court, however, cannot accommodate its schedule to the thousands of attorneys who practice within the Southern District of Georgia. Counsel may be absent at the times requested. However, nothing shall prevent these...
ORDER WILLIAM T. MOORE, JR. , District Judge . Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 60), to which objections have been filed (Doc. 62) . After careful de novo review of the record in this case, the report and recommendation is ADOPTED as the Court's opinion. Accordingly, Defendant's Motion to Dismiss for Pre-indictment Delay (Doc. 34), Motion to Dismiss Counts One through Four (Doc. 35), and Motion to Suppress (Doc. 29) are DENIED. Defendant's...
REPORT AND RECOMMENDATION G.R. SMITH , Magistrate Judge . Michael Brian Anderson, charged with perpetrating a fraud upon an agency of the United States, has filed a motion seeking to suppress evidence seized pursuant to five search and seizure warrants issued by this Court. Doc. 29. Anderson has endeavored to show that the warrant affidavit 1 contained "multiple material falsehoods and omissions," thus entitling him to an evidentiary hearing under Franks v. Delaware, 438 U.S. 154 (...
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 Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, DISMISSES Plaintiff's claims against Defendants Stone, Gillis, and Faison, and DISMISSES Defendants Stone, Gillis, and Faison from this case. As remaining Defendants have filed an answer,...
DUDLEY H. BOWEN, JR. , District Judge . On October 29, 2013, the above named was placed on supervised release for a period of five years. He has complied with the rules and regulations of supervised release and is no longer in need of supervision. It is accordingly recommended that he be discharged from supervision. Respectfully submitted, Travis J. Gauthreaux United States Probation Officer ORDER OF THE COURT Pursuant to the above report, it is ordered that the defendant is discharged...
ORDER G.R. SMITH , Magistrate Judge . Defendant Terry Smith's motion to stay discovery (doc. 19) pending resolution of his motion for judgment on the pleadings (doc. 18 at 1, noting a co-defendant's partial motion to dismiss remains pending as well), which is unopposed, is GRANTED. See S.D. Ga. L. R. 7.5 (no response means no opposition). SO ORDERED .
ORDER BRIAN K. EPPS , Magistrate Judge . Pursuant to 28 U.S.C. 636(b) and this Court's Local Rule 72, this appeal from the final decision of the Commissioner of Social Security denying Plaintiff's claim for Social Security benefits has been referred to the Magistrate Judge for review and recommendation as to disposition. Defendant having filed her answer, together with a certified copy of the transcript of the administrative proceedings, IT IS ORDERED that counsel for the parties submit...
ORDER J. RANDAL HALL , Chief District Judge . Now before the Court is the 28 U.S.C. 2255 motion filed by Martin Bradley, Jr. (CV Doc. 1.) Bradley Jr. and the government have agreed that the appropriate disposition of that motion is the vacatur of Bradley Jr.'s conviction of Count One of the Superseding Indictment in his criminal case. All premises considered, the Court accepts that agreement, ORDERS that Bradley Jr.'s 2255 motion be GRANTED in part, and further ORDERS that...
ORDER J. RANDAL HALL , Chief District Judge . Before the Court is Defendant Martin Bradley, III's unopposed motion for extension of time. (Doc. 1600.) Therein, Defendant Bradley, III requests an extension of time, through January 10, 2018, for all responding parties to file their response(s) to the motion of William R. Schroeder, Substitute Receiver, requesting permission to destroy all documents and records pertaining to the receivership. ( Id. ) Counsel for Defendant Bradley, III...
ORDER BRIAN K. EPPS , Magistrate Judge . Yesterday, Defendant moved for three forms of accommodation with respect to the oral rulings and briefing schedule made during the classified discovery hearing on November 30 and December 1, 2017. (Doc. no. 176.) The Court GRANTS IN PART AND DENIES IN PART Defendant's requests as follows. The Court denies the request for a written order memorializing the oral rulings made at the hearing. The Court announced during the hearing its rulings would be...
