REPORT AND RECOMMENDATION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT [18, 20] DAVID R. GRAND, Magistrate Judge. Plaintiff Kimberly Walker ("Walker") commenced this action pursuant to 42 U.S.C. 405(g), challenging a final decision of defendant Commissioner of Social Security ("Commissioner") denying her applications for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") under the Social Security Act (the "Act"). Both parties filed motions for summary judgment, which...
REPORT AND RECOMMENDATION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT [12, 13] DAVID R. GRAND, Magistrate Judge. Plaintiff Laurie Walker ("Walker") brings this action pursuant to 42 U.S.C. 405(g), challenging the final decision of Defendant Commissioner of Social Security ("Commissioner") denying her applications for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") under the Social Security Act (the "Act"). Both parties have filed summary judgment motions [12, 13],...
REPORT AND RECOMMENDATION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT [11, 15] DAVID R. GRAND, Magistrate Judge. Plaintiff Autumn M. Yettaw ("Yettaw") brings this action pursuant to 42 U.S.C. 405(g), challenging the final decision of Defendant Commissioner of Social Security ("Commissioner") denying her applications for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") under the Social Security Act (the "Act"). Both parties have filed summary judgment motions [11, 15],...
REPORT AND RECOMMENDATION R. STEVEN WHALEN, Magistrate Judge. This is a prisoner civil rights case filed under 42 U.S.C. 1983. Before the Court is Defendant Major Washington's Motion for Summary Judgment [Doc. #51], which has been referred for a Report and Recommendation pursuant to 28 U.S.C. 636(b)(1)(B). For the reasons discussed below, I recommend that the motion be GRANTED, and that the complaint be DISMISSED WITH PREJUDICE. I. FACTS In his complaint, Plaintiff raised two claims...
REPORT AND RECOMMENDATION R. STEVEN WHALEN, Magistrate Judge. On April 1, 2014, Plaintiff filed a complaint pursuant to 42 U.S.C. 405(g). On November 14, 2014, the case was remanded to the administrative level for further proceedings [Doc. #21]. On December 15, 2014, the parties filed a joint motion for attorney fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412 [Doc. #22], which has been referred for a Report and Recommendation pursuant to 28 U.S.C. 636(b)(1)(B) [...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION 1 PATRICIA T. MORRIS, Magistrate Judge. I. RECOMMENDATION In light of the entire record in this case, I suggest that substantial evidence supports the Commissioner's decision. Accordingly, IT IS RECOMMENDED that Plaintiff's Motion for Summary Judgment be DENIED and Defendant's Motion for Summary Judgment be GRANTED. II. REPORT A. Introduction and Procedural History Pursuant to 28 U.S.C. 636(b)(1)(B), E.D. Mich. LR 72.1(b)(3), and...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION 1 CHARLES E. BINDER, Magistrate Judge. I. RECOMMENDATION This Court RECOMMENDS that Plaintiff's Motion for Summary Judgment (docket 21) be denied, that Defendant's Motion for Summary Judgment (doc. 22) be granted, and the decision of the Commissioner be AFFIRMED. II. REPORT A. Introduction and Procedural History Pursuant to 28 U.S.C. 636(b)(1)(B), E.D. Mich. LR 72.1(b)(3), and by Notice of Reference, this case was referred to...
REPORT AND RECOMMENDATION REGARDING DEFENDANT RCS'S MARCH 21, 2014 MOTION TO DISMISS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(1) (Doc. Ent. 8) PAUL J. KOMIVES, Magistrate Judge. I. RECOMMENDATION: The Court should deny defendant RCS's March 21, 2014 motion (Doc. Ent. 8) to dismiss plaintiff's January 24, 2014 complaint (Doc. Ent. 1) pursuant to Fed. R. Civ. P. 12(b)(1). RCS's March 21, 2014 motion argues that the Court should abstain from exercising jurisdiction in the instant case (...
REPORT AND RECOMMENDATION R. STEVEN WHALEN, Magistrate Judge. This is a Social Security Disability appeal filed under 42 U.S.C. 405(g). On September 11, 2014, the Court entered judgment in favor of the Plaintiff and remanded for further administrative proceedings [Doc. #22]. On December 10, 2014, Plaintiff filed a timely motion for attorney fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d)(1)(A) [Doc. #23]. The motion has been referred for a Report and Recommendation...
MAGISTRATE JUDGE'S REPORT, FINDINGS, AND RECOMMENDATION CONCERNING PLEA OF GUILTY PATRICIA T. MORRIS, Magistrate Judge. I. REPORT AND FINDINGS This case was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and 636(b)(3) for purposes of receiving, on consent of the parties, Defendant's offer of a plea of guilty. Defendant and his counsel appeared before me on December 16, 2014 and plead guilty to counts one and two of the information. In open court, I...
MAGISTRATE JUDGE'S REPORT, FINDINGS, AND RECOMMENDATION CONCERNING PLEA OF GUILTY PATRICIA T. MORRIS, Magistrate Judge. I. REPORT AND FINDINGS This case was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and 636(b)(3) for purposes of receiving, on consent of the parties, Defendant's offer of a plea of guilty. Defendant and her counsel appeared before me on December 15, 2014 and pled guilty to count one of the indictment. Count 2 will be dismissed...
MAGISTRATE JUDGE'S REPORT, FINDINGS, AND RECOMMENDATION CONCERNING PLEA OF GUILTY PATRICIA T. MORRIS, Magistrate Judge. I. REPORT AND FINDINGS This case was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and 636(b)(3) for purposes of receiving, on consent of the parties, Defendant's offer of a plea of guilty. Defendant and his counsel appeared before me on December 15, 2014 and pled guilty to count three of the indictment. Counts 1, 2, 4, 5, and 6...
REPORT AND RECOMMENDATION MONA K. MAJZOUB, Magistrate Judge. Plaintiff, eFusion Consulting, LLC, brought this action against Defendant, MIPRO Consulting, LLC, alleging that Defendant breached a contract, resulting in nearly $80,000 of lost wages. ( See docket no. 1.) Before the Court is Defendant's Motion to Dismiss, or in the Alternative, to Compel Appearance for Deposition. (Docket no. 23.) Plaintiff filed a Response to Defendant's Motion (docket no. 27), and Defendant filed a Reply to...
REPORT AND RECOMMENDATION MOTION FOR ATTORNEY FEES PURSUANT TO 42 U.S.C. 406(b)(1) (Dkt. 24) MICHAEL HLUCHANIUK, Magistrate Judge. I. PROCEDURAL HISTORY On April 30, 2013, plaintiff filed the instant suit seeking judicial review of the Commissioner's unfavorable decision disallowing benefits. (Dkt. 1). Pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 72.1(b)(3), District Judge Sean F. Cox referred this matter to then Magistrate Judge Laurie J. Michelson for the purpose of reviewing the...
OPINION AND ORDER (1) DENYING PETITION FOR WRIT OF HABEAS CORPUS, (2) DENYING A CERTIFICATE OF APPEALABILITY, AND (3) DENYING PERMISSION TO PROCEED IN FORMA PAUPERIS ON APPEAL DENISE PAGE HOOD, District Judge. This is a habeas corpus action brought by a state prisoner pursuant to 28 U.S.C. 2254. Petitioner was convicted after a bench trial in the Wayne Circuit Court of felon in possession of a firearm, MICH. COMP. LAWS 750.224f, possession of a firearm during the commission of a felony,...
ORDER ACCEPTING REPORT AND RECOMMENDATION and DISMISSING ACTION DENISE PAGE HOOD, District Judge. This matter is before the Court on Magistrate Judge Patricia T. Morris' Report and Recommendation. [Doc. No. 11, filed November 26, 2014] To date, no objections have been filed to the R&R and the time to file such has passed. Judicial review of the Commissioner's decision is limited in scope to determining whether the Commissioner employed the proper legal criteria in reaching his conclusion....
INJUNCTION AND JUDGMENT AS TO PLAINTIFFS WEINGARTZ SUPPLY COMPANY AND DANIEL WEINGARTZ 1 ROBERT H. CLELAND, District Judge. In light of the Supreme Court's decision in Burwell v. Hobby Lobby Stores, Inc., 134 S.Ct. 2751 (2014), and defendants' consent, it is hereby ORDERED that defendants, their employees, agents, and successors in office are enjoined (a) from enforcing (1) the "June 30, 2014 Contraceptive Coverage Requirement," defined here to include those provisions of federal law...
OPINION AND ORDER DENYING THE PETITION FOR A WRIT OF HABEAS CORPUS AND DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY, BUT GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL JOHN CORBETT O'MEARA, District Judge. Petitioner Jonathan Alonzo Phlegm has filed a pro se habeas corpus petition challenging his state convictions for first-degree murder and several related offenses. The habeas petition alleges that (1) Petitioner's trial attorney was ineffective for failing to...
OPINION AND ORDER DENYING THE PETITION FOR A WRIT OF HABEAS CORPUS, DENYING A CERTIFICATE OF APPEALABILITY, AND DENYING PERMISSION TO APPEAL IN FORMA PAUPERIS GERSHWIN A. DRAIN, District Judge. This matter is before the Court on Petitioner Austin Klich's petition for a writ of habeas corpus filed under 28 U.S.C. 2254. Petitioner challenges his Saginaw Circuit Court guilty plea conviction of twenty-two counts of first-degree criminal sexual conduct. As a result of these convictions,...
OPINION AND ORDER DENYING DEFENDANT'S RULE 50(a) MOTION FOR JUDGMENT AS A MATTER OF LAW 1 MARK A. GOLDSMITH , District Judge . I. INTRODUCTION This is a case brought by Plaintiff David Alan Smith against Defendant LexisNexis Screening Solutions, Inc., pursuant to the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. 1681 et seq. Plaintiff alleged that Defendant both negligently and willfully failed to comply with FCRA's mandate that consumer reporting agencies ("CRA") maintain "...
