REPORT AND RECOMMENDATIONS PHILIP M. FRAZIER, Magistrate Judge. Before the Court is plaintiff Julius James' motion for leave to file an amended complaint. An initial merits review was conducted pursuant to 28 U.S.C. 1915A and Judge Gilbert held that the plaintiff articulated a one count Eighth Amendment failure to protect claim against defendants Richard Harrington and Salvadore Godinez. The plaintiff also articulated the same claim against two unnamed defendants.The plaintiff now seeks to...
REPORT AND RECOMMENDATION DONALD G. WILKERSON, Magistrate Judge. This matter has been referred to United States Magistrate Judge Donald G. Wilkerson by United States District Judge Nancy J. Rosenstengel pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72(b), and SDIL-LR 72.1(a) for a Report and Recommendation on the question of whether Plaintiff exhausted his administrative remedies prior to filing this lawsuit, as required by the Prison Litigation Reform Act, 28 U.S.C....
REPORT & RECOMMENDATION STEPHEN C. WILLIAMS, Magistrate Judge. This Report and Recommendation is submitted to United States District Judge David R. Herndon pursuant to 28 U.S.C. 636(b)(1)(B) and (C). After Plaintiff Adrian Rich (hereinafter "Plaintiff") failed to file an Amended Complaint pursuant to the Court's Order at Doc. 21, and failed to respond to discovery pursuant to the Court's Order at Doc. 22, Defendants moved for the Court to dismiss Plaintiff's claims for lack of prosecution...
MEMORANDUM AND ORDER MICHAEL J. REAGAN, District Judge. On July 8, 2014, the undersigned Judge granted Plaintiff's motion to proceed in forma pauperis or "IFP" (Doc. 13) in this civil rights lawsuit filed under 28 U.S.C. 1983. Although the Court found Plaintiff had three "strikes" for purposes of 28 U.S.C. 1915(g) and thus should not be able to proceed IFP in this case, Plaintiff had alleged that he was in imminent danger of a serious physical harm (the complaint alleged that he...
MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. In light of Seventh Circuit Court of Appeals admonitions, see Foster v. Hill, 497 F.3d 695 , 696-97 (7th Cir. 2007), the Court has undertaken a rigorous initial review of pleadings to ensure that jurisdiction has been properly pled. See Hertz Corp. v. Friend, 559 U.S. 77, 94 (2010) (noting courts' "independent obligation to determine whether subject-matter jurisdiction exists, even when no party challenges it"). The Court has noted...
MEMORANDUM and ORDER CLIFFORD J. PROUD, Magistrate Judge. In accordance with 42 U.S.C. 405(g), plaintiff Jacqueline K. Williams is before the Court, represented by counsel, seeking review of the final decision of the Commissioner of Social Security denying her Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI). Procedural History Plaintiff applied for SSI in July, 2010, and DIB in August, 2010. In both applications, she alleged disability beginning on September...
MEMORANDUM and ORDER CLIFFORD J. PROUD, Magistrate Judge. In accordance with 42 U.S.C. 405(g), plaintiff Carol J. Barnett, represented by counsel, seeks judicial review of the final agency decision denying her Disability Insurance Benefits (DIB) pursuant to 42 U.S.C. 423. Procedural History Ms. Barnett applied for benefits in January, 2010, alleging disability beginning on August 18, 2008. (Tr. 23). After holding an evidentiary hearing, ALJ Michael Scurry denied the application for...
MEMORANDUM AND ORDER MICHAEL J. REAGAN, Chief District Judge. This 1983 civil rights action stems from Plaintiff's allegations of multiple constitutional violations that occurred at Menard Correctional Center. (Doc. 2). Because Plaintiff's Complaint included several unrelated claims, the Court severed the original case into other cases. (Doc. 1). This case addresses Plaintiff's claims against his correctional counselor, Frank Lawrence, for denial of right to access the courts, retaliation,...
MEMORANDUM & ORDER DAVID R. HERNDON, District Judge. This matter was referred to United States Magistrate Judge Clifford J. Proud for the specific purpose of conducting a change of plea for defendant Gonzales, pursuant to 28 U.S.C. 636, LOCAL RULE 72.1(b)(2), and defendant Gonzales' consent (Doc. 31). Pursuant to FEDERAL RULE OF CRIMINAL PROCEDURE 11, the change of plea hearing was held on December 5, 2014 (Doc. 30). During the change of plea, defendant Gonzales pled guilty to the single...
CASE MANAGEMENT ORDER NUMBER 88 Phase One Payment Allocations DAVID R. HERNDON, District Judge. This litigation was transferred to this Court by the JPML in August of 2012, and the initial MDL status conference was held by this Court on October 3, 2012. Just a year and a half later, on May 28, 2014, after an extensive mediation process supervised by the Court and the Special Master, the defendants and the Pradaxa Claimants' Negotiating Counsel executed the Pradaxa Product Liability...
MEMORANDUM & ORDER MICHAEL J. REAGAN, Chief District Judge. This matter is before the Court on three summary judgment motions. Individual summary motions have been filed by Defendant Donald Jason Ramert (Doc. 62), Dan Hill (Doc. 65) and Tim Lay (Doc. 67). Plaintiff has filed a Response (Doc. 70) to all three motions. Based on the following, the Court DENIES Defendant Ramert's motion for summary judgment (Doc. 62), but GRANTS the motions filed by Hill (Doc. 65) and Lay (Doc. 67)....
ORDER ADOPTING REPORT AND RECOMMENDATION NANCY J. ROSENSTENGEL, District Judge. This matter is before the Court on the Report and Recommendation of United States Magistrate Judge Donald G. Wilkerson (Doc. 66), which recommends that the Motion to Terminate filed by Defendants Jimmy Holland, Paul Olson, David Rednour, Robert Robertson, Tim Sapp, Cathy Thompson, and George Welborn on July 14, 2014 (Doc. 61) be granted and the case be dismissed with prejudice. On April 17, 2013, Plaintiff filed...
ORDER ON MOTION FOR ATTORNEYS' FEES MICHAEL J. REAGAN, District Judge. Now Before the Court is Plaintiff's Motion for Approval of Attorneys' Fees, pursuant to 42 U.S.C. 406(b) (Doc. 43). On December 22, 2014, Defendant filed a response stating that she has no objection (Doc. 45). After this Court reversed the decision denying Plaintiff's application for benefits and remanded pursuant to sentence four of 42 U.S.C. 405(g), the Commissioner granted Plaintiff's application. The contract between...
MEMORANDUM and ORDER CLIFFORD J. PROUD, Magistrate Judge. In accordance with 42 U.S.C. 405(g), plaintiff Christy C. Caraway is before the Court, represented by counsel, seeking review of the final decision of the Commissioner of Social Security denying her Disability Insurance Benefits (DIB). Procedural History Plaintiff applied for DIB on August 23, 2010. She alleged disability beginning on June 23, 2010. (Tr. 32). After holding a hearing, Administrative Law Judge (ALJ) Stuart T....
ORDER DAVID R. HERNDON, District Judge. Now before the Court is the government's motion to quash the summons and ordering the Clerk of Court to issue an arrest warrant (Doc. 5). An indictment was filed December 18, 2014 charging the defendant with one count of conspiracy to commit mail fraud and two counts of mail fraud. A summons was subsequently issued as directed by the criminal case cover sheet. (Doc. 4). The government states that an arrest warrant is needed instead of a summons because...
AMENDED FINAL APPROVAL ORDER AND JUDGMENT STACI M. YANDLE, District Judge. Plaintiffs have moved, pursuant to Federal Rules of Civil Procedure 23 (the "Motion") (Doc. 98), for an order and judgment providing for final approval of the settlement of the above-captioned action ("the Action") in accordance with the Settlement Agreement (including its exhibits, the "Agreement"), which sets forth the terms and conditions for a proposed settlement of the Action ("the settlement") and its dismissal...
MEMORANDUM and ORDER CLIFFORD J. PROUD, Magistrate Judge. In accordance with 42 U.S.C. 405(g), plaintiff Lisa Phelps, represented by counsel, seeks judicial review of the final agency decision denying her Disability Insurance Benefits (DIB) pursuant to 42 U.S.C. 423. Procedural History Ms. Phelps applied for DIB in August, 2010, alleging disability beginning on September 1, 2009. (Tr. 13). After holding an evidentiary hearing, ALJ Michael Scurry denied the application for benefits in...
MEMORANDUM AND ORDER NANCY J. ROSENSTENGEL, District Judge. Plaintiff, Andrew Lamon, filed this pro se lawsuit pursuant to 42 U.S.C. 1983, for alleged constitutional violations while he was incarcerated at Big Muddy Correctional Center ("Big Muddy"). This matter is currently before the Court on a motion for summary judgment filed by Defendant Kenny Brown on April 11, 2014 (Docs. 55, 56). Lamon filed a response to the motion for summary judgment on May 7, 2014 (Doc. 59). The Court has...
MEMORANDUM AND ORDER NANCY J. ROSENSTENGEL, District Judge. Plaintiff, Tyrone Burns, an inmate housed at the Lawrence Correctional Center ("Lawrence"), filed a Complaint on December 19, 2011, pursuant to 42 U.S.C. 1983, alleging that a number of prison officials and health care providers were deliberately indifferent to his serious medical need in violation of the Eighth Amendment. This matter was originally dismissed at screening in August 2012 for failure to state a claim upon which...
