FINDINGS, REPORT, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE PURSUANT TO 28 U.S.C. 636(b)(1)(B) & (C) JOSHUA P. KOLAR , Magistrate Judge . This matter is before the Court on a Complaint [DE 1], filed on October 29, 2018, and Plaintiff's Brief in Support of His Motion to Reverse the Decision of the Commissioner of Social Security [DE 15], filed on March 15, 2019. Defendant filed a response on May 1, 2019, and Plaintiff filed a reply on June 7, 2019. On February 27, 2019,...
OPINION AND ORDER JON E. DEGUILIO , District Judge . Leroy Burke, a prisoner without a lawyer, filed a habeas corpus petition challenging the prison disciplinary hearing where a disciplinary hearing officer (DHO) found him guilty of Possession of a Controlled Substance in violation of Indiana Department of Correction offense B-202 and sanctioned him with the loss of earned credit time on March 19, 2018, under case number ISO 18-03-2. ECF 1. He raises two grounds in his petition. Id. The...
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA OF GUILTY JOHN E. MARTIN , Magistrate Judge . TO: THE HONORABLE THERESA L. SPRINGMANN, CHIEF JUDGE, UNITED STATES DISTRICT COURT Upon Defendant's request to enter a plea of guilty pursuant to Rule 11 of the Federal Rules of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Judge John E. Martin, on December 13, 2019, with the written consents of Defendant, counsel for Defendant, and counsel for the...
ORDER ACCEPTING FINDINGS AND RECOMMENDATION THERESA L. SPRINGMANN , District Judge . This matter is before the Court on the Findings and Recommendation of the United States Magistrate Judge [ECF No. 48], filed on December 13, 2019. The Defendant has waived objection to the Findings and Recommendation. The Court being duly advised, ADOPTS the Findings and Recommendation [ECF No. 48] in its entirety and ACCEPTS the recommended disposition. Subject to this Court's consideration of the Plea...
OPINION AND ORDER ANDREW P. RODOVICH , Magistrate Judge . This matter is before the court on petition for judicial review of the decision of the Commissioner filed by the plaintiff, Amy S., on September 6, 2018. For the following reasons, the decision of the Commissioner is REMANDED. Background The plaintiff, Amy S., filed an application for Supplemental Security Income on May 8, 2015, alleging a disability onset date of May 6, 2015. (Tr. 18). The Disability Determination Bureau...
ORDER ACCEPTING FINDINGS AND RECOMMENDATION HOLLY A. BRADY , District Judge . This matter is before the Court on the Findings and Recommendation of the United States Magistrate Judge [ECF No. 53], filed on December 12, 2019. The Defendant has waived objection to the Findings and Recommendation. The Court being duly advised, ADOPTS the Findings and Recommendation [ECF No. 53] in its entirety and ACCEPTS the recommended disposition. Subject to this Court's consideration of the Plea...
ORDER ACCEPTING FINDINGS AND RECOMMENDATION HOLLY A. BRADY , District Judge . This matter is before the Court on the Findings and Recommendation of the United States Magistrate Judge [ECF No. 56], filed on December 12, 2019. The Defendant has waived objection to the Findings and Recommendation. The Court being duly advised, ADOPTS the Findings and Recommendation [ECF No. 56] in its entirety and ACCEPTS the recommended disposition. Subject to this Court's consideration of the Plea...
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA OF GUILTY SUSAN COLLINS , Magistrate Judge . TO: THE HONORABLE HOLLY A. BRADY, DISTRICT JUDGE, UNITED STATES DISTRICT COURT Upon Defendant's request to enter a plea of guilty pursuant to Rule 11 of the Federal Rules of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Judge Susan Collins, on December 12, 2019, with the written consents of Defendant, counsel for Defendant, and counsel for the United...
OPINION AND ORDER HOLLY A. BRADY , District Judge . This matter comes before the Court on Defendant's Motion in Limine (ECF No. 80), filed on December 27, 2019. In his three-paragraph motion, Defendant asks the Court to "enter an order in limine excluding any and all evidence of a crime, wrong, or other act pursuant to U.S.C.S. Federal Rule 404(B) as to the Defendant." ( Id. at 1). For the reasons set forth below, the Motion in Limine will be denied. District courts may rule on motions...
ORDER ACCEPTING FINDINGS AND RECOMMENDATION HOLLY A. BRADY , District Judge . This matter is before the Court on the Findings and Recommendation of the United States Magistrate Judge [ECF No. 56], filed on December 9, 2019. The Defendant has waived objection to the Findings and Recommendation. The Court being duly advised, ADOPTS the Findings and Recommendation [ECF No. 56] in its entirety and ACCEPTS the recommended disposition. Subject to this Court's consideration of the Plea Agreement...
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA OF GUILTY SUSAN COLLINS , Magistrate Judge . TO: THE HONORABLE HOLLY A. BRADY, DISTRICT JUDGE, UNITED STATES DISTRICT COURT Upon Defendant's request to enter a plea of guilty pursuant to Rule 11 of the Federal Rules of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Judge Susan Collins, on December 9, 2019, with the written consents of Defendant, counsel for Defendant, and counsel for the United...
OPINION AND ORDER DAMON R. LEICHTY , District Judge . Mr. Robert Sklar filed a pro se complaint on behalf of himself and J.S., his minor child, against the Manchester Community Schools (MCS), the Town of North Manchester, and the North Manchester Police Department. MCS filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), which the other defendants partly joined. ECF 9, 14. The defendants have argued several reasons why the complaint must be dismissed, including Mr....
OPINION AND ORDER WILLIAM C. LEE , District Judge . This matter is before the court for judicial review of a final decision of the defendant Commissioner of Social Security Administration denying Plaintiff's application for Supplemental Security Income (SSI), as provided for in the Social Security Act. Section 205(g) of the Act provides, inter alia, "[a]s part of his answer, the [Commissioner] shall file a certified copy of the transcript of the record including the evidence upon which the...
OPINION AND ORDER JON E. DEGUILIO , District Judge . Curtis F. Sample, Jr., a prisoner without a lawyer, filed a habeas corpus petition challenging the prison disciplinary hearing where a disciplinary hearing officer (DHO) found him guilty of Trafficking in violation of Indiana Department of Correction offense A-113 and sanctioned him with the loss of 90 days earned credit time and demoted him from Credit Class 1 to Credit Class 2 on October 20, 2017, under case number ISP 17-10-146. ECF 1....
OPINION AND ORDER THERESA L. SPRINGMANN , District Judge . Robert Stewart, II, a prisoner without a lawyer, filed a complaint alleging that he was not receiving constitutionally adequate medical care for his hernias while incarcerated at the Tippecanoe County Jail. He was granted leave to proceed against Sheriff Bob Goldsmith in his official capacity for injunctive relief to provide Robert Stewart with adequate medical care for his hernia, as required by the Fourteenth Amendment. Stewart's...
OPINION AND ORDER JON E. DEGUILIO , District Judge . Robert Turben, a prisoner without a lawyer, is proceeding against Dr. Nancy Marthakis and Warden Ron Neal for monetary damages and injunctive relief on his claim of a denial of medical treatment for a right foot injury and his diabetes while housed at the Indiana State Prison. (ECF 7, 14.) He has filed a motion for preliminary injunction pertaining to his medical treatment for his foot injury. ECF 12. Dr. Marthakis and Warden Neal have...
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA OF GUILTY JOHN E. MARTIN , Magistrate Judge . TO: THE HONORABLE THERESA L. SPRINGMANN, CHIEF JUDGE, UNITED STATES DISTRICT COURT Upon Defendant's request to enter a plea of guilty pursuant to Rule 11 of the Federal Rules of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Judge John E. Martin on December 6, 2019, with the written consents of Defendant, counsel for Defendant, and counsel for the...
ORDER ACCEPTING FINDINGS AND RECOMMENDATION THERESA L. SPRINGMANN , District Judge . This matter is before the Court on the Findings and Recommendation of the United States Magistrate Judge [ECF No. 10], filed on December 6, 2019. The Defendant has waived objection to the Findings and Recommendation. The Court being duly advised, ADOPTS the Findings and Recommendation [ECF No. 10] in its entirety and ACCEPTS the recommended disposition. Subject to this Court's consideration of the Plea...
OPINION AND ORDER ANDREW P. RODOVICH , Magistrate Judge . This matter is before the court on petition for judicial review of the decision of the Commissioner filed by the plaintiff, William M., on January 31, 2019. For the following reasons, the decision of the Commissioner is AFFIRMED. Background The plaintiff, William M., filed applications for Disability Insurance Benefits and Supplemental Security Income on November 30, 2015, alleging a disability onset date of March 15, 2015. (Tr....
OPINION AND ORDER JOSEPH S. VAN BOKKELEN , District Judge . This matter is before the Court on Defendant's Motion to Dismiss Plaintiff's Complaint Due to Improper Venue or Alternatively to Transfer [DE 7], filed on August 20, 2019, by Defendant Robert Wilkie. Plaintiff Mark Durham Kroll, pro se, filed a response on September 12, 2019, and Defendant filed a reply on September 19, 2019. Plaintiff filed a sur-response on November 8, 2019. In the motion, Defendant requests dismissal for...
