REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY DAVID P. RUSH , Magistrate Judge . The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R.Cr.P., 22(k)(26), WDMO, and 28 U.S.C. 636, and has entered a plea of guilty to the Information filed on December 30, 2019. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea was knowledgeable and voluntary, and that the offense charged...
REPORT AND RECOMMENDATION LAJUANA M. COUNTS , Magistrate Judge . Pending before the Court is defendant James Hawkins's pro se 1 Motion to Dismiss for Lack of Venue (Doc. #78 in Case No. 18-00295-01-CR-W-GAF and Doc. #36 in Case No. 19-00205-01-CR-W-GAF). For the reasons set forth below, it is recommended that this motion be denied. I. INTRODUCTION A. Case No. 18-00295 On October 23, 2018, the Grand Jury returned a two-count Indictment against defendant James Hawkins. On August 6,...
REPORT AND RECOMMENDATIONS JOHN T. MAUGHMER , Magistrate Judge . Pending before the Court is yet another pro se motion to dismiss filed by Defendant Donzell Jones, ("Jones") on October 19, 2019 [Doc 119]. In his motion, Jones seeks either an order prohibiting the government from introducing into evidence the firearm he is charged with possessing, or dismissal of the indictment because he has been denied the opportunity to inspect the firearm in violation of Federal Rule of Criminal...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY WILLIE J. EPPS, JR. , Magistrate Judge . The defendant, by consent, appeared before the undersigned on December 17, 2019 and pursuant to Rule 11 of the Federal Rules of Criminal Procedure, Local Rule 72(c)(1)(j), and 28 U.S.C. 636, has entered a plea of guilty to a one-count indictment. After cautioning and examining Defendant, under oath, in accordance with the requirements of Rule 11, it was determined that the guilty plea was...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY WILLIE J. EPPS, JR. , Magistrate Judge . The defendant, by consent, appeared before the undersigned on December 17, 2019 and pursuant to Rule 11 of the Federal Rules of Criminal Procedure, Local Rule 72(c)(1)(j), and 28 U.S.C. 636, has waived indictment and entered a plea of guilty to an information. After cautioning and examining Defendant, under oath, in accordance with the requirements of Rule 11, it was determined that the guilty...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY WILLIE J. EPPS, JR. , Magistrate Judge . The defendant, by consent, appeared before the undersigned on December 17, 2019 and pursuant to Rule 11 of the Federal Rules of Criminal Procedure, Local Rule 72(c)(1)(j), and 28 U.S.C. 636, has entered a plea of guilty to the indictment. After cautioning and examining Defendant, under oath, in accordance with the requirements of Rule 11, it was determined that the guilty plea was knowledgeable...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY WILLIE J. EPPS, JR. , Magistrate Judge . The defendant, by consent, appeared before the undersigned on December 16, 2019 and pursuant to Rule 11 of the Federal Rules of Criminal Procedure, Local Rule 72(c)(1)(j), and 28 U.S.C. 636, has waived indictment and entered a plea of guilty to an information. After cautioning and examining Defendant, under oath, in accordance with the requirements of Rule 11, it was determined that the guilty...
ORDER ROSEANN A. KETCHMARK , District Judge . Before the Court is Plaintiff's motion to remand. (Doc. 7.) The motion is fully briefed. (Docs. 7, 12, 16, 17.) After careful consideration, the motion is GRANTED and the case is REMANDED to the Circuit Court of Jackson County, Missouri. Background As way of background, Plaintiff originally filed this case in state court on August 28, 2019, for personal injuries he sustained while on property located at 8012 E. Truman Road, Jackson...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY WILLIE J. EPPS, JR. , Magistrate Judge . The defendant, by consent, appeared before the undersigned on December 12, 2019 and pursuant to Rule 11 of the Federal Rules of Criminal Procedure, Local Rule 72(c)(1)(j), and 28 U.S.C. 636, has waived indictment and entered a plea of guilty to an information. After cautioning and examining Defendant, under oath, in accordance with the requirements of Rule 11, it was determined that the guilty...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY WILLIE J. EPPS, JR. , Magistrate Judge . The defendant, by consent, appeared before the undersigned on December 12, 2019 and pursuant to Rule 11 of the Federal Rules of Criminal Procedure, Local Rule 72(c)(1)(j), and 28 U.S.C. 636, has waived indictment and entered a plea of guilty to an information. After cautioning and examining Defendant, under oath, in accordance with the requirements of Rule 11, it was determined that the guilty...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY WILLIE J. EPPS, JR. , Magistrate Judge . The defendant, by consent, appeared before the undersigned on 12/10/2019 and pursuant to Rule 11 of the Federal Rules of Criminal Procedure, Local Rule 72(c)(1)(j), and 28 U.S.C. 636, has entered a plea of guilty to the Information. After cautioning and examining Defendant, under oath, in accordance with the requirements of Rule 11, it was determined that the guilty plea was knowledgeable and...
ORDER DENYING MOTION TO SUPPRESS ROSEANN A. KETCHMARK , District Judge . Before the Court is Defendant James Loyd Wainright's Motion to Suppress. (Doc. 21.) United States Magistrate Judge David P. Rush held a hearing on the Motion to Suppress and issued a Report and Recommendation that the motion be denied. (Doc. 31, Tr.; Doc. 32.) Defendant then filed objections to the Report and Recommendation. (Doc. 35.) After careful consideration, and for the reasons stated below, the Court...
ORDER NANETTE K. LAUGHREY , District Judge . Pending before the Court is Plaintiff 1520 Swift, LC's Motion for Summary Judgment, Doc. 37. Swift brings this motion asserting that it is entitled to judgment as a matter of law as to its breach of contract claim against BMMTech, as well as for BMMTech's remaining counterclaims against Swift. For the reasons set forth below, Plaintiff's motion for summary judgment is granted. I. Facts 1 Plaintiff 1520 Swift, LC filed suit against defendant...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY DAVID P. RUSH , Magistrate Judge . The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R.Cr.P., 22(k)(26), WDMO, and 28 U.S.C. 636, and has entered a plea of guilty to Count One contained in the Indictment filed on June 11, 2019. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea was knowledgeable and voluntary, and that...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY DAVID P. RUSH , Magistrate Judge . The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R.Cr.P., 22(k)(26), WDMO, and 28 U.S.C. 636, and has entered a plea of guilty to Counts One and Two and admitted to Forfeiture Allegation contained in the Superseding Indictment filed on May 9, 2019. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY DAVID P. RUSH , Magistrate Judge . The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R.Cr.P., 22(k)(26), WDMO, and 28 U.S.C. 636, and has entered a plea of guilty to Count One and admitted to the Forfeiture Allegation contained in the Indictment filed on December 12, 2018. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty...
ORDER GARY A. FENNER , District Judge . This matter is currently before the Court on the issue of whether medication should be involuntarily administered to defendant Matthew H. Coy in an attempt to restore competency. On August 26, 2019, an evidentiary hearing was held before United States Magistrate Judge Lajuana M. Counts to determine whether psychiatric medications should be involuntarily administered to defendant Coy in an attempt to restore his competency to proceed to trial....
ORDER NANETTE K. LAUGHREY , District Judge . Pending before the Court is the Motion to Dismiss Based on Qualified Immunity. Doc. 372. In it, defendants Dr. Catherine Van Voorn, Ann Slagle, and April Helsel 1 seek to dismiss Count IV of Plaintiffs' Complaint 2 which asserts a civil-rights claim against them, specifically deliberate indifference to a known serious medical need. As for Dr. Catherine Van Voorn, the Court has already granted summary judgment to Dr. Van Voorn on Count IV. Doc....
ORDER NANETTE K. LAUGHREY , District Judge . Defendants Michelle Munger, Alice Bergman, Amy Mowry, Karen Williams, and Frederick Covillo (collectively, the "Corizon Defendants") each move to dismiss the second amended complaint by plaintiffs Brenda Davis and Frederick Stufflebean for failure to state a claim against them in their individual capacities. Docs. 441, 468, 471. For the reasons set forth below, the motions to dismiss are denied in part and granted in part. I. RELEVANT...
ORDER NANETTE K. LAUGHREY , District Judge . Pending before the Court is Dr. Covillo's Motion to Dismiss Based on Qualified Immunity. Doc. 360. In it, he seeks to dismiss Count IV of Plaintiffs' Complaint, 1 which asserts a civil-rights claim against him, specifically deliberate indifference to a known serious medical need. After careful review of the record, the Court denies Dr. Covillo's motion to dismiss. Plaintiffs pleaded sufficient facts to state a plausible constitutional violation...
