REPORT AND RECOMMENDATION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT [15, 16] DAVID R. GRAND , Magistrate Judge . Plaintiff Eunice Johnson ("Johnson") brings this action pursuant to 42 U.S.C. 405(g), challenging the final decision of Defendant Commissioner of Social Security ("Commissioner") denying her application for Supplemental Security Income ("SSI") under the Social Security Act (the "Act"). Both parties have filed summary judgment motions (Docs. #15, 16), which have been referred to...
REPORT AND RECOMMENDATION TO GRANT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, AND TO DISMISS A CLAIM SUA SPONTE [ECF NO. 46] ELIZABETH A. STAFFORD , Magistrate Judge . I. INTRODUCTION Plaintiff Samuel Jones has sued the Wayne County Jail (WCJ), Deputies Moore, Thorpe, Kozlowski, Gawenda, Galloway, Sergeants Cook, and Karbara, 1 and a John Doe defendant alleging unnecessary uses of excessive force and deliberate indifference during a July 3, 2015, altercation in which he claims...
REPORT AND RECOMMENDATION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT [8, 9] DAVID R. GRAND , Magistrate Judge . Plaintiff Carol Girouard-Bono ("Girouard-Bono") brings this action pursuant to 42 U.S.C. 405(g), challenging the final decision of Defendant Commissioner of Social Security ("Commissioner") denying her application for Disability Insurance Benefits ("DIB") under the Social Security Act (the "Act"). Both parties have filed summary judgment motions (Docs. #8, 9), which have been...
REPORT AND RECOMMENDATION MONA K. MAJZOUB , Magistrate Judge . Plaintiff Jodi C. Hohman filed the instant Complaint for Injunctive Relief against Defendants, the Internal Revenue Service (IRS) and the United States Department of the Treasury, pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552, and the Privacy Act of 1974, 5 U.S.C. 552a, on September 12, 2016. (Docket no. 1.) Before the Court is a Motion for Summary Judgment filed by Defendant IRS and the Treasury...
REPORT AND RECOMMENDATION MONA K. MAJZOUB , Magistrate Judge . Plaintiff filed the present civil rights action under 42 U.S.C. 1983, contending that employees of the Madison Heights Police Department violated Plaintiff's rights under the Fourth and Fourteenth Amendments to the United States Constitution. (Docket no. 1.) On December 4, 2017, the Court granted a motion to compel filed by Defendants and pursuant to Rule 37 of the Federal Rules of Civil Procedure ordered Plaintiff to pay...
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 19, 2017, and plead guilty to count one of the indictment. 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 his counsel appeared before me on December 19, 2017, and plead guilty to count one of the indictment. In open court, I...
REPORT AND RECOMMENDATION MOTION FOR ATTORNEY FEES (Dkt. 15) STEPHANIE DAWKINS DAVIS , Magistrate Judge . II. PROCEDURAL HISTORY On May 11, 2012, 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 Mark A. Goldsmith referred this matter to Magistrate Judge Mark A. Randon for the purpose of reviewing the Commissioner's decision...
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 12, 2017, and plead guilty to count one of the indictment. In open court, I...
OPINION AND ORDER (1) ADOPTING MAGISTRATE JUDGE'S OCTOBER 17, 2017 REPORT AND RECOMMENDATION [ECF NO. 21]; (2) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF No. 16]; AND (3) GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [ECF NO. 19] LINDA V. PARKER , District Judge . On September 14, 2016, Plaintiff filed this lawsuit challenging Defendant's final decision denying her application for benefits under the Social Security Act. On the same date, the matter was referred to Magistrate...
OPINION AND ORDER DENYING PLAINTIFF'S "MOTION TO SEND COMPLETE RECORD TO THE 6TH CIRCUIT COURT OF APPEALS" LINDA V. PARKER , District Judge . Plaintiff filed this lawsuit against Defendants as a qui tam action alleging violations of the federal False Claims Act, and as an individual action alleging violations of her rights under federal and state law. Defendants filed motions for summary judgment, which this Court granted in an Opinion and Order entered on August 8, 2017. Plaintiff has...
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [#19], DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [#13], GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [#18] AND DISMISSING ACTION GERSHWIN A. DRAIN , District Judge . This matter is before the court on the parties' Cross-Motions for Summary Judgment as to Plaintiff Scott R. Wolfe's claim for judicial review of Defendant Commissioner of Social Security's denial of his application for disability insurance benefits and...
AMENDED ORDER OF FORFEITURE GEORGE CARAM STEEH , District Judge . On August 14, 2017, the Court entered a Preliminary Order of Forfeiture (the "Forfeiture Order") forfeiting Defendant Lavelle Devaughn Patterson's interest in the following firearm to the United States: one (1) ISSC Model M22 semi-automatic.22LR caliber pistol, bearing serial number A01099 (the "Subject Firearm"). (Dkt. # 32). Pursuant to the Forfeiture Order and Federal Rule of Criminal Procedure 32.2(b)(4)(A), the...
ORDER OVERRULING IN PART AND SUSTAINING IN PART PLAINTIFF'S OBJECTIONS [117, 118, 133] TO MAGISTRATE JUDGE'S ORDERS [105, 106, 108, 126]; REQUIRING THAT PLAINTIFF BE PROVIDED WITH A COPY OF HIS DEPOSITION TRANSCRIPT; AND PROVISIONALLY GRANTING PLAINTIFF'S MOTION TO APPOINT COUNSEL [80] ARTHUR J. TARNOW , Senior District Judge . Plaintiff Robert Annabel has filed several objections to the Magistrate Judge's orders. For the reasons stated below, the Court OVERRULES in part and SUSTAINS in...
OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT LINDA V. PARKER , District Judge . This is a civil rights action arising from Plaintiff Robert Lee's unsuccessful candidacy for Bay County Sheriff in 2012 and 2016. In his First Amended Complaint, Plaintiff alleges that Defendants conspired to infringe his First Amendment rights in violation of 42 U.S.C. 1985(3) and deprived him of his rights to equal protection in violation of 42 U.S.C. 1983. 1 Presently before the...
OPINION AND ORDER: (1) OVERRULING PLAINTIFF'S OBJECTIONS (ECF NO. 17); (2) ADOPTING THE MAGISTRATE JUDGE'S SEPTEMBER 15, 2017 REPORT AND RECOMMENDATION (ECF NO. 16); (3) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 13); (4) GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 14); AND (5) AFFIRMING THE DECISION OF THE COMMISSIONER OF SOCIAL SECURITY PAUL D. BORMAN , District Judge . On September 15, 2017, Magistrate Judge Stephanie Dawkins Davis issued a Report...
OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [21] STEPHEN J. MURPHY, III , District Judge . Plaintiff Stephen Sommerville filed a complaint alleging that his former employer, Defendant Schenker, Inc. ("Schenker"), violated the Age Discrimination in Employment Act ("ADEA"), the Michigan Elliot Larsen Civil Rights Act ("ELCRA"), and the Family and Medical Leave Act ("FMLA"). ECF 1. On May 12, 2017, Schenker filed a motion for summary judgment. ECF 21. The Court...
OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT PAUL D. BORMAN , District Judge . Plaintiff Toby Hodnett worked as a machinist for Defendant Chardam Gear Company, Inc. (" Chardam ") until he was fired on November 7, 2014. Plaintiff alleges he was on medical leave when he was fired on the basis of injuries he sustained in a car accident the previous August. Plaintiff brought this action against Defendant in the Macomb County Circuit Court on November 6, 2015, and...
OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (ECF NO. 7) LINDA V. PARKER , District Judge . I. Introduction Plaintiff, AFT Michigan, initiated this lawsuit on or about September 28, 2017 in the Third Circuit Court for the County of Wayne, Michigan. (ECF No. 1 at Pg ID 1.) On October 6, 2017, Defendants Project Veritas ("Defendant PV") and Marisa L. Jorge, a/k/a Marissa Jorge, a/k/a Marissa Perez ("Defendant Jorge") filed a Notice of Removal to this Court. ( Id....
OPINION FINDING DEFENDANT TO HAVE VIOLATED THE CONDITIONS OF HIS SUPERVISED RELEASE SEAN F. COX , District Judge . On December 15, 2017, the Court held a supervised release violation hearing in this case. For the reasons below, the Court concludes that the Government has established, by a preponderance of the evidence, that Defendant committed a Grade A, Grade B, and Grade C violation of supervised release. BACKGROUND Defendant Malcolm Reid previously pleaded guilty before this Court to...
