REPORT AND RECOMMENDATION PHILLIP J. GREEN, Magistrate Judge. This is a civil action brought pro se by Jeffrey Sand. The defendants are JPMorgan Chase Bank, N.A. (Chase), Bank of America, Prolending Mortgage, 1st Capital Investment Co. LLC (1st Capital), All Star Locating, Inc., Barbara C. Schneider, Vickie Williams, Taylor Clark, and Thomas Tynes. The matter is before the court on defendants' motions to dismiss. 1 (docket #s 4, 14, 20, 21, 24). Upon review, I find that plaintiff lacks...
REPORT AND RECOMMENDATION HUGH W. BRENNEMAN, Jr., Magistrate Judge. Pursuant to W.D. Mich. LCrR 11.1 and upon a request of the district court, I conducted a felony plea hearing in this matter on December 30, 2014, after receiving the written consent of the defendant, the defendant's attorney, and the attorney for the government. These consents were also placed on the record in open court. Defendant Socorro G. Medina is charged in Count 1 of a Second Superseding Indictment with conspiracy to...
REPORT AND RECOMMENDATION HUGH W. BRENNEMAN, Jr., Magistrate Judge. Pursuant to W.D. Mich. LCrR 11.1 and upon a request of the district court, I conducted a felony plea hearing in this matter on December 30, 2014, after receiving the written consent of the defendant, the defendant's attorney, and the attorney for the government. These consents were also placed on the record in open court. Defendant Christopher Lee Hammond is charged in a Superseding Information with receipt of child...
REPORT AND RECOMMENDATION PHILLIP J. GREEN, Magistrate Judge. This is a habeas corpus action brought by a state prisoner pursuant to 28 U.S.C. 2254. Following a bench trial in the Wayne County Circuit Court, Petitioner was found guilty of assault with intent to rob while armed, MICH. COMP. LAWS 750.89, and possession of a firearm during the commission of a felony (felony firearm), MICH. COMP. LAWS 750.227b. On August 30, 2007, Petitioner was sentenced to a prison term of five to...
REPORT AND RECOMMENDATION TIMOTHY P. GREELEY, Magistrate Judge. Petitioner Roy Pretty Holmes filed this petition for writ of habeas corpus challenging his conviction after a plea to assault with intent to commit murder, assault with intent to commit armed robbery, felonious assault and felony firearm. Petitioner attempted to take gold rimmed glasses from a man outside a store. When the victim's friend pulled a gun out, petitioner shot the friend. A police officer then shot petitioner after...
REPORT AND RECOMMENDATION ELLEN S. CARMODY, Magistrate Judge. Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on December 17, 2014, after receiving the written consent of defendant and all counsel. At the hearing, defendant John Christopher Placencia entered a plea of guilty to the Amended Superseding Information in exchange for the undertakings made by the government in the written plea agreement. In the Amended Superseding Information, defendant is...
REPORT AND RECOMMENDATION PHILLIP J. GREEN, Magistrate Judge. This was a social security action brought under 42 U.S.C. 405(g), 1383(c)(3) seeking review of a final decision of the Commissioner of Social Security denying plaintiff's claims for disability insurance benefits (DIB) and supplemental security income (SSI) benefits. On May 31, 2013, this court entered a judgment vacating the Commissioner's decision and remanding this matter to the Commissioner under sentence four of 42 U.S.C....
REPORT AND RECOMMENDATION PHILLIP J. GREEN, Magistrate Judge. This is a civil rights action brought pro se by a state prisoner under 42 U.S.C. 1983. Plaintiff alleges that he suffers from mental illness, including severe paranoia, depression, and bouts of hallucinations with mixed delusional thoughts. On August 14, 2013, he filed this lawsuit against Ernst Gauderer, M.D. Plaintiff complains that in April 2012, the psychiatrist terminated a prescription for Wellbutrin in favor of an...
REPORT AND RECOMMENDATION ELLEN S. CARMODY, Magistrate Judge. Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on December 22, 2014, after receiving the written consent of defendant and all counsel. At the hearing, defendant Jawad Khalil-Ahmad Karaein entered a plea of guilty to Count 3 of the Superseding Indictment in exchange for the undertakings made by the government in the written plea agreement. In Count 3 of the Superseding Indictment, defendant is...
REPORT AND RECOMMENDATION ELLEN S. CARMODY, Magistrate Judge. Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on December 19, 2014, after receiving the written consent of defendant and all counsel. At the hearing, defendant Khader Khalil Karaein entered a plea of guilty to Count 5 of the Superseding Indictment in exchange for the undertakings made by the government in the written plea agreement. In Count 5 of the Superseding Indictment, defendant is...
REPORT AND RECOMMENDATION ELLEN S. CARMODY, Magistrate Judge. Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on December 19, 2014, after receiving the written consent of defendant and all counsel. At the hearing, defendant Emad Khalil Karaein entered a plea of guilty to Count 3 of the Superseding Indictment in exchange for the undertakings made by the government in the written plea agreement. In Count 3 of the Superseding Indictment, defendant is...
REPORT AND RECOMMENDATION ELLEN S. CARMODY, Magistrate Judge. Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on December 22, 2014, after receiving the written consent of defendant and all counsel. There is no written plea agreement. At the hearing, defendant Tony DeMarco Johnson entered a plea of guilty to Counts One and Five of the Second Superseding Indictment. In Count One, defendant is charged with a cocaine conspiracy in violation of 21 U.S.C....
REPORT AND RECOMMENDATION ELLEN S. CARMODY, Magistrate Judge. This is a habeas corpus action brought by a state prisoner pursuant to 28 U.S.C. 2254. Following a jury trial in the Muskegon County Circuit Court, Petitioner was convicted of assault with intent to commit great bodily harm less than murder, MICH. COMP. LAWS 750.84, and unarmed robbery, MICH. COMP. LAWS 750.530. On January 30, 2009, Petitioner was sentenced as a fourth felony offender, MICH. COMP. LAWS 769.12, to respective...
REPORT AND RECOMMENDATION PHILLIP J. GREEN, Magistrate Judge. This is a social security action filed on September 15, 2014, by Pastor Idella Williams, purporting to act as next friend for A.S.M., Jr., a minor. Idella Williams's pro se complaint alleges that she is A.S.M., Jr.'s grandmother and care giver. (docket # 1 at ID# 3). Exhibit 1 attached to the complaint is a letter dated May 9, 2014, from the Social Security Administration addressed to Tuere Tiombe Williams notifying her of the...
REPORT AND RECOMMENDATION ELLEN S. CARMODY, Magistrate Judge. Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on December 17, 2014, after receiving the written consent of defendant and all counsel. There is no written plea agreement. At the hearing, defendant Elizabeth Luna-Hernandez entered a plea of guilty to Count 3 of the Indictment charging defendant with misuse of a passport in violation of 18 U.S.C. 1544. On the basis of the record made at the...
REPORT AND RECOMMENDATION ELLEN S. CARMODY, Magistrate Judge. This matter is before the Court on Defendants' Motion for Summary Judgment . (Dkt. #14). Pursuant to 28 U.S.C. 636(b)(1)(B), the undersigned recommends that Defendants' motion be granted and this action dismissed. BACKGROUND Plaintiff is presently incarcerated by the Michigan Department of Corrections (MDOC) at the Saginaw Correctional Facility although the events giving rise to this action occurred at the Carson City...
REPORT AND RECOMMENDATION ELLEN S. CARMODY, Magistrate Judge. Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on December 19, 2014, after receiving the written consent of defendant and all counsel. At the hearing, defendant Parker Wilcoulter Smith entered a plea of guilty to the Amended Superseding Felony Information in exchange for the undertakings made by the government in the written plea agreement. In the Amended Superseding Felony Information,...
REPORT AND RECOMMENDATION ELLEN S. CARMODY, Magistrate Judge. Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on December 18, 2014, after receiving the written consent of defendant and all counsel. At the hearing, defendant Steven Hawkins entered a plea of guilty to Count 12 of the Second Superseding Indictment in exchange for the undertakings made by the government in the written plea agreement. In Count 12 of the Second Superseding Indictment,...
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER PAUL L. MALONEY, Chief District Judge. The matter is before the Court on Plaintiffs' ex parte motion for temporary restraining order and preliminary injunction (ECF No. 5) in this breach of contract action concerning horses owned by Plaintiffs that are currently stabled by Defendants. Defendants have indicated that they will not release the horses to Plaintiffs and that they intend...
ORDER ADOPTING REPORT AND RECOMMENDATION PAUL L. MALONEY, Chief District Judge. The Court has reviewed the Report and Recommendation filed by United States Magistrate Judge Hugh W. Brenneman, Jr. in this action (ECF No. 234). The Report and Recommendation was duly served on the parties, and no objection has been made thereto within the time required by law. THEREFORE, IT IS ORDERED that: 1. The Report and Recommendation of the Magistrate Judge is approved and adopted as the opinion of the...
