REPORT AND RECOMMENDATION DANA M. DOUGLAS , Magistrate Judge . The District Court has referred this matter to this Court under 28 U.S.C. 636(c) for a determination of whether federal subject-matter jurisdiction exists. [Doc. #4]. Pro se defendant Melinda Price removed the above-captioned matter to this Court in which she raises various domestic claims against her ex-husband, plaintiff Bryan Bedi, before, during, and after divorce and child-custody proceedings. She further alleges...
ORDER NANNETTE JOLIVETTE BROWN , Chief District Judge . The Court, having considered the complaint, the record, the applicable law, the Partial Report and Recommendation of the United States Magistrate Judge, and the failure of any party to file an objection to the Magistrate Judge's Partial Report and Recommendation, hereby approves the Partial Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that...
ORDER NANNETTE JOLIVETTE BROWN , Chief District Judge . "A COA [Certificate of Appealability] will issue only if the requirements of [28 U.S.C.] 2253 have been satisfied." 1 Section 2253(c) permits issuance of a COA when "a petitioner has made a `substantial showing of the denial of a constitutional right.'" 2 "Under this standard, when a district court denies habeas relief by rejecting constitutional claims on their merits, `the petitioner must demonstrate that reasonable jurists...
ORDER NANNETTE JOLIVETTE BROWN , Chief District Judge . The Court, having considered the petition, the record, the applicable law and the Report and Recommendation of the United States Magistrate Judge, and the failure of any party to file any objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its own opinion. Accordingly, IT IS ORDERED the petition of Teddy Magee for...
FINDINGS AND RECOMMENDATION JOSEPH C. WILKINSON, JR. , Magistrate Judge . Plaintiff, Chad Michael Billiot, was a prisoner incarcerated in the Terrebonne Parish Criminal Justice Complex in Houma, Louisiana, at the time he filed the captioned suit pro se and in forma pauperis pursuant to 42 U.S.C. 1983 ("Section 1983"). Billiot alleges that he received inadequate and/or delayed medical care from prison officials after slipping on a wet floor that was not properly marked with caution signs....
ORDER & REASONS BARRY W. ASHE , District Judge . This matter is before the Court on a motion by the City of New Orleans (the "City) to dismiss plaintiff's claims under Rule 12(b)(6) of the Federal Rules of Civil Procedure. 1 Plaintiff Jorge Gomez responds in opposition. 2 Having considered the parties' memoranda, the record, and the applicable law the Court issues this Order & Reasons finding that Gomez's allegations are deficient, but giving him 14 days from the date of this Order &...
ORDER AND REASONS WENDY B. VITTER , District Judge . Before the Court is a Motion for Summary Judgment, filed by defendants, the City of Hammond, Officer Leo Barthelemy and Sergeant Quinn Bivona (collectively, "Defendants"). 1 The Motion is opposed, 2 Defendants have filed a Reply, 3 and Plaintiff has filed a Sur-Reply 4 and a Supplemental Memorandum in Opposition to the Motion. 5 After careful consideration of the parties' memoranda and the applicable law, the Motion is GRANTED....
ORDER AND REASONS JANE TRICHE MILAZZO , District Judge . Before the Court is Plaintiff Patricia Ball's Motion for Fees under the Equal Access to Justice Act (Doc. 18). For the following reasons, the Motion is DENIED. BACKGROUND On May 9, 2018, Plaintiff, Patricia Ball, filed a complaint against Defendant, the Social Security Administration ("SSA"), seeking judicial review of the termination of her disability benefits. 1 The matter was referred to the Magistrate Judge pursuant to 28...
ORDER & REASONS BARRY W. ASHE , District Judge . Before the Court are two post-trial motions. One is a motion by defendants Shamrock Energy Solutions, LLC and Shamrock Management, LLC (collectively, "Shamrock Defendants") brought under Rules 52(b), 59(a)(2), and 59(e) of the Federal Rules of Civil Procedure to amend the findings of fact and for a new trial, 1 to which plaintiff Aker Solutions, Inc. ("Aker") responds in opposition. 2 The other is a motion by Aker for attorney's fees, 3...
ORDER GREG GERARD GUIDRY , District Judge . The Court, after considering the complaint, the record, the applicable law, the Magistrate Judge's Findings and Recommendation, and finding that as of this date plaintiff has filed no objections to the Magistrate Judge's Findings and Recommendation, hereby approves the Magistrate Judge's Findings and Recommendation and adopts it as its opinion. Accordingly, IT IS ORDERED that Chad Michael Billiot's 42 U.S.C. 1983 complaint is DISMISSED WITH...
ORDER BARRY W. ASHE , District Judge . Plaintiff First Bank and Trust filed this action against defendants Gulf Engineering Company, LLC, Stuart Vint Massimini, William Nicholas Massimini, and the United States of America (the "United States), on behalf of the Internal Revenue Service, on May 1, 2018, in the 24th Judicial District Court, Parish of Jefferson, State of Louisiana (Action No. 783-338, Div. H). 1 Plaintiff named the United States as a defendant, pursuant to 26 U.S.C. 7425...
ORDER AND REASONS MARTIN L.C. FELDMAN , District Judge . Before the Court is Gary Woods's successive motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255 pursuant to United States v. Davis , 139 S.Ct. 2319 (2019). For the reasons that follow, the motion is GRANTED. Background On May 24, 2007, Gary Woods pled guilty to three counts of a superseding bill of information charging: conspiracy to commit Hobbs Act robbery, in violation of 18 U.S.C. 1951(a) (Count 1),...
ORDER AND REASONS SUSIE MORGAN , District Judge . Before the Court is Petitioner Shawanda Nevers' Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255 (hereinafter, Petitioner's "2255 Motion"). 1 The Government opposes the motion. 2 Petitioner filed a reply. 3 For the following reasons, Petitioner's 2255 Motion is DENIED. BACKGROUND On May 6, 2016, a grand jury indicted Shawanda Nevers for: 37 counts of aiding or assisting in the preparation of false tax returns,...
ORDER AND REASONS SUSIE MORGAN , District Judge . Before the Court is a Motion to Reduce Sentence Pursuant to Title 18, U.S.C. 3582(c)(1)(A) filed by Petitioner Shawanda Nevers. 1 The Government did not file a response. For the reasons that follow, the motion is DENIED. 2 BACKGROUND On May 6, 2016, a grand jury indicted Shawanda Nevers for: 37 counts of aiding or assisting in the preparation of false tax returns, in violation of 26 U.S.C. 7206(2); one count of criminal contempt,...
ORDER AND REASONS NANNETTE JOLIVETTE BROWN , Chief District Judge . Before the Court is Plaintiff Girod LoanCo, LLC's ("Plaintiff") "Motion to Remand." 1 In the motion, Plaintiff argues that Defendant, Regina B. Heisler ("Defendant") removed this civil action to federal court without a good-faith basis to do so. 2 Specifically, Plaintiff contends that the claims asserted in this civil action do not arise under the laws of the United States, nor is there diversity of citizenship between...
ORDER AND REASONS NANNETTE JOLIVETTE BROWN , Chief District Judge . Before the Court are Plaintiff Alyson Michele Carriere's ("Plaintiff") objections 2 to the Report and Recommendation of the United States Magistrate Judge assigned to the case. 3 Plaintiff filed this action pursuant to 42 U.S.C. 405(g) for review of the final decision of Defendant, the Commissioner of the Social Security Administration (the "Commissioner" or "Defendant"), denying her claim for a period of disability...
ORDER & REASONS ELDON E. FALLON , District Judge . Before the Court is Defendant Jazz Casino Company, LLC's Motion for Judgment as a Matter of Law pursuant to Federal Rule of Civil Procedure 50(b) or, Alternatively, a New Trial under Federal Rule of Civil Procedure 59(a)(1)(A), or a Remittitur. R. Doc. 241. The motion is opposed. R. Doc. 249. Defendant filed a reply. R. Doc. 255. The Court now rules as follows. I. BACKGROUND A. Factual History This case arose out of a February 16, 2017...
ORDER AND REASONS IVAN L.R. LEMELLE , Senior District Judge . Plaintiff filed a motion to remand, alleging removal of the case was untimely. Rec. Doc. 12. Additionally, plaintiff alleges the requirements for federal officer removal are not satisfied. Id. Defendant timely filed a response in opposition. Rec. Doc. 19. For the reasons discussed below, IT IS ORDERED that the motion to remand shall be HELD IN ABEYANCE and ADMINISTRATIVELY CLOSED until the Fifth Circuit renders a...
ORDER CARL J. BARBIER , District Judge . The Court, having considered the complaint, the record, the applicable law, the Findings and Recommendation of the United States Magistrate Judge, and the failure of plaintiff to file an objection to the Magistrate Judge's Findings and Recommendation, hereby approves the Findings and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that plaintiff's complaint is hereby...
FINDINGS AND RECOMMENDATION JOSEPH C. WILKINSON, JR. , Magistrate Judge . Rex Horton was employed as a clean-up worker along the Alabama Gulf coast, where he also lived, after the BP/Deepwater Horizon explosion and oil spill on April 20, 2010. Complaint, Record Doc. No. 1. Plaintiff filed his complaint pursuant to the Back-End Litigation Option ("BELO") provisions of the BP/Deepwater Horizon Medical Benefits Class Action Settlement Agreement ("Medical Settlement Agreement"). Record Doc....
