REPORT AND RECOMMENDATION ERIC I. LONG , Magistrate Judge . Plaintiff Christopher Foster seeks review under 42 U.S.C. 405(g) of the Social Security Administration's denial of his application for disability insurance benefits. The parties have filed cross motions for summary judgment. 1 For the reasons explained below, the Court recommends that Plaintiff's Motion for Summary Judgment (#26) be DENIED, Defendant's Motion for Summary Judgment (#28) be GRANTED, and that the decision...
ORDER SARA DARROW , District Judge . Before the Court is Defendants' motion to dismiss, ECF No. 3. For the following reasons, the motion is GRANTED, although not all of Plaintiff's claims are hereby dismissed. BACKGROUND 1 Plaintiff Lisa Wilson, who is African-American, has worked for the City of Galesburg ("the City") since March 20, 1996. She works as a secretary in the "Handivan Division" of the City's Community Development Department. She points out that although the Galesburg's...
Order and Opinion JONATHAN E. HAWLEY , Magistrate Judge . The Plaintiff, John S. Troutwine, applied for disability insurance and supplemental security income benefits on August 20 and 27, 2012. (Tr. 22) 1 . The Defendant, Carolyn W. Colvin, Acting Commissioner of Social Security ("Commissioner"), denied Troutwine's application, finding that he could perform "light work" with a few other additional limitations such that he could perform his past relevant work as a commercial cleaner. (Tr....
ORDER SARA DARROW , District Judge . Before the Court is Defendants' motion to dismiss the Second Amended Complaint for failure to state a claim, ECF No. 26. For the following reasons, the motion is GRANTED. Additionally, an earlier version of Defendants' motion to dismiss, ECF No. 18, and Plaintiff Atwater's motion for an extension of time to respond to that motion, ECF No. 21, are still pending. They are MOOT. BACKGROUND 1 Atwater is an orthopedic surgeon and Florida citizen. He began...
Order JONATHAN E. HAWLEY , Magistrate Judge . Before the Court is the Defendant, Wal-Mart Stores, Inc.'s ("Wal-Mart") Motion for Summary Judgment (Doc. 17). 1 The Motion is fully briefed, and for the reasons stated, infra , Defendant's motion is DENIED. 2 I. The Plaintiff, Toni Morrison ("Morrison"), tripped over a floor mat and fell while at Defendant's East Peoria store in April 2014. She seeks monetary damages for injuries she alleges she sustained as a result of her fall. The...
OPINION TOM SCHANZLE-HASKINS , Magistrate Judge . This matter comes before the Court on Plaintiff Tiffany Meyer's Motion to Strike Defendant's Objections and Second Motion to Compel Answers to Her First Interrogatories and Second Request for Production of Documents (d/e 30) (Motion). For the reasons set forth below, the Motion is ALLOWED in part and DENIED in part. BACKGROUND Tiffany Meyer (Meyer) uses a wheelchair and crutches. She worked for Defendant St. John's Hospital of the...
ORDER & OPINION JOE BILLY McDADE , Senior District Judge . This matter is before the Court on Petitioner Thirplus Moose's Motion for Leave to Appeal in forma pauperis. (Doc. 15). For the reasons that follow, Petitioner's motion is denied. BACKGROUND Petitioner pleaded guilty to conspiracy to commit bank robbery (Count 1), armed bank robbery with forcible restraint (Count 2), and using and carrying a firearm during and in relation to a crime of violence (Count 5). Petitioner was...
OPINION RICHARD MILLS , District Judge . On December 22, 2011, the Court entered Judgment in favor of Plaintiffs Central Laborers' Pension Fund, et al. and against Defendant Alliance Concrete Construction, L.L.C., in the amount of $10,094.50, as to Count II, and $370,028.19, as to Count V. On June 11, 2014, the Plaintiffs filed a Combined Motion and Memorandum for a Rule to Show Cause, to Avoid Fraudulent Conveyances and to Turn Over Assets. See Doc. No. 90. On July 10, 2014, the...
ORDER & OPINION JOE BILLY McDADE , Senior District Judge . This matter is before the Court on Petitioner Charles Donelson's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254, which was denied by this Court and the Seventh Circuit Court of Appeal's remand of the same to this Court. (Docs. 1, 32, & 56). For the reasons stated below, the Court has complied with the mandate of the Court of Appeals and Petitioner's 2254 Petition is denied again. BACKGROUND Petitioner is...
ORDER SARA DARROW , District Judge . Before the Court are Plaintiff Jamie Cosenza's Motion to Hold the Commissioner in Contempt, ECF No. 20; Plaintiff's Motion for Summary Judgment, ECF No. 23; Defendant's Motion to Strike Plaintiff's Motion for Summary Judgment, ECF No. 29; and Plaintiff's Motion to Deny the Defendant's Motion to Strike, ECF No. 30. 1 On September 14, 2016, Magistrate Judge Hawley filed a Report and Recommendation recommending that the motion to strike be granted, and...
OPINION SUE E. MYERSCOUGH , District Judge . Before the Court is Defendant Belinda Young's motion for a reduction of her sentence (d/e 99). Defendant's motion is DENIED. Defendant is precluded from seeking a reduction of her sentence based on the amended commentary to 3B1.2 of the United States Sentencing Guidelines because she waived her right to appeal her sentence in her Plea Agreement with the Government, except on the grounds of the involuntariness of the agreement and ineffective...
ORDER AND OPINION JAMES E. SHADID , Chief District Judge . This matter is now before the Court on Defendants' Motion [28] for Summary Judgment. For the reasons set forth below, Defendants' Motion [28] is GRANTED. BACKGROUND The following background is taken from Defendants' Statement of Undisputed Material Facts. See ECF Doc. 28. Plaintiff Tammy Presley was employed as a secretary at Rankin School District No. 98 (the "School District") from 2007 until her involuntary termination on...
ORDER SARA DARROW , District Judge . Before the Court are Jermel Pope's motion for reconsideration of this Court's July 1, 2016 Order, ECF No. 17, and his motion for expedited ruling on the motion to reconsider, ECF No. 21. For the following reasons, the former motion is DENIED and the latter MOOT. BACKGROUND The Court recounted in full the facts underlying Pope's original petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241 in its original order granting that motion and...
ORDER ON MOTION FOR SUMMARY JUDGMENT JAMES E. SHADID , Chief District Judge . The Kankakee County Defendants have filed a Motion for Summary Judgment. For the reasons set forth below, the Motion [234] is GRANTED. BACKGROUND Wenona White was pregnant and in the last trimester of her pregnancy when she was taken into federal custody. J.L. is the child that White delivered while in custody, and John Lipsey is J.L.'s father. The relevant allegations in Plaintiffs' Amended Complaint arise out...
OPINION SUE E. MYERSCOUGH , District Judge . This cause is before the Court on the Government's Motion for Order Restricting Extrajudicial Statements (d/e 13). For the following reasons, the Motion is DENIED. The Government requests, in light of the strong public interest in this matter and pretrial publicity, that the Court enter an order restricting the parties from making extrajudicial statements that "pose a serious and imminent threat to the fairness of" this judicial proceeding. Gov'...
OPINION SUE E. MYERSCOUGH , District Judge . This matter comes before the Court on the Plaintiffs' Revised Motion to Exclude Rebecca Kirk Fair's Revised Responsive Expert Report (Kirk Fair Report) and Strike Related Testimony as Inadmissible Under Rule 702 (d/e 718) (Motion 718). The Court previously excluded a portion of the Kirk Fair Report. Text Order entered October 25, 2016 . Motion 718 only concerns the remaining portions of the Kirk Fair Report and her testimony. For the reasons...
ORDER AND OPINION JAMES E. SHADID , Chief District Judge . This matter is now before the Court on Petitioner Hughes' Motion to Reconsider the dismissal of his 2255 Motion to Vacate, Set Aside, or Correct Sentence, Motion for Certificate of Appealability, and Motion for Stay. For the reasons set forth below, Petitioner's Motion for Reconsideration [7] is DENIED, his Motion for Certificate of Appealability [8] is DENIED, and his Motion for Stay [9] is also DENIED. BACKGROUND Petitioner...
ORDER JAMES E. SHADID , District Judge . This matter is now before the Court on Petitioner, Tarus Moore's ("Moore"), Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255. For the reasons set forth below, Moore's 2255 Motion [1] is DENIED. BACKGROUND Moore entered a blind plea to a charge of possession of at least 28 grams of cocaine base with the intent to distribute in violation of 21 U.S.C. 841(a)(1) February 13, 2014, in the United States District Court...
SUMMARY JUDGMENT OPINION SUE E. MYERSCOUGH , District Judge . Plaintiff, proceeding pro se and presently incarcerated at Hill Correctional Center, brought the present lawsuit pursuant to 42 U.S.C. 1983 alleging deliberate indifference to a serious medical need. The matter comes before this Court for ruling on the Defendants' Motions for Summary Judgment. (Docs. 44, 50). The motions are granted. LEGAL STANDARD Summary judgment should be granted "if the movant shows that there is no...
ORDER CONCERNING CONSENT TO MAGISTRATE JUDGE JONATHAN E. HAWLEY , Magistrate Judge . This Order addresses the issue of consent of the parties in Social Security Cases to have their cases heard by a United States Magistrate Judge. Consent streamlines the legal process because the legal standard of review is identical at all levels in the judicial review process. If the parties consent to have the case handled by a magistrate judge, the undersigned will enter a final decision and judgment in...
