ORDER ADOPTING REPORT AND RECOMMENDATION DEBRA M. BROWN , District Judge . On May 15, 2018, United States Magistrate Judge Jane M. Virden issued a Report and Recommendation recommending that the respondents' motion to dismiss 1 Bildrick Jackson's petition for a writ of habeas corpus 2 be granted, that Jackson's petition be dismissed with prejudice, and that a certificate of appealability be denied. Doc. #14 at 5. On May 29, 2018, Jackson acknowledged receipt of the Report and...
FINAL JUDGMENT NEAL B. BIGGERS, JR. , Senior District Judge . In accordance with the Order entered today, Respondents' motion [8] is GRANTED, and the petition for a writ of habeas corpus is DISMISSED. A certificate of appealability is DENIED.
ORDER OF DISMISSAL NEAL B. BIGGERS, JR. , Senior District Judge . Petitioner Marvin Pearson, an inmate housed at the Marshall County Correctional Facility, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254, challenging his pleas and sentences for three counts of armed robbery and his parole ineligibility attendant to those convictions. I. Background In July 2011, Pearson pleaded guilty to three counts of armed robbery in the Circuit Court of Tunica County and...
ORDER DEBRA M. BROWN , District Judge . Before the Court are three post-judgment motions filed by Robert S. Scruggs. Docs. #34, #37, #38. I Procedural History On or about May 31, 2017, Robert Scruggs, acting pro se, filed a petition for a writ of habeas corpus in this Court. Doc. #1. On September 18, 2018, the Court dismissed Scruggs' petition and declined to issue a certificate of appealability. Doc. #29. On or about October 12, 2018, Scruggs filed a notice of appeal with the Fifth...
ORDER JANE M. VIRDEN , Magistrate Judge . Before the Court is Defendants' Motion to Compel discovery. According to Defendants, the pro se Plaintiff, who is believed to be incarcerated, has failed to respond to written discovery requests, including interrogatories, requests for admission, and requests for production, all propounded on May 7, 2018. Defendants seek an order compelling discovery, deeming requests for admission admitted, dismissing the case with prejudice, and finding...
ORDER ON PETITION FOR ATTORNEY FEES JANE M. VIRDEN , Magistrate Judge . Before the court are Plaintiff's motion [23] for attorney fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d), and Defendant's response [24]. For the reasons set out below, the motion will be granted. In these proceedings Plaintiff sought judicial review of the Social Security Commissioner's final decision denying a claim for benefits. By Final Judgment [22] dated October 17, 2018, this...
MEMORANDUM OPINION NEAL B. BIGGERS, JR. , District Judge . This cause comes before the court upon Plaintiffs' Second Motion for Preliminary Injunction and the State Defendants' motion to dismiss. 1 Upon due consideration of the motions, briefing, oral arguments, and applicable authority, the court is ready to rule. Factual and Procedural Background Plaintiffs initially filed this lawsuit on November 17, 2017, in the United States District Court for the Southern District of Mississippi,...
ORDER NEAL B. BIGGERS, JR. , District Judge . In accord with the memorandum opinion issued this day, it is ORDERED AND ADJUDGED that Plaintiffs' Second Motion for Preliminary Injunction is DENIED and the State Defendants' Motion to Dismiss is GRANTED. All claims against all defendants, with the exception of the claim asserted against defendant Montgomery County, are hereby DISMISSED with prejudice.
ORDER DISMISSING ACTION BY REASON OF SETTLEMENT SHARION AYCOCK , District Judge . The Court was advised that this action was settled or is in the process of being settled. Therefore, it is not necessary that the action remain on the calendar of the Court. IT IS ORDERED that this action be DISMISSED without prejudice. The Court retains complete jurisdiction to vacate this order and reopen the action upon cause shown that the settlement has not been completed and further litigation is...
ORDER DENYING MOTION TO STAY CASE JANE M. VIRDEN , Magistrate Judge . This matter is before the Court on the joint motion of the parties to stay the case [42] until and including March 1, 2019. Specifically, parties seek an order permitting them to stay discovery pending non-binding mediation. As explained herein, the instant motion is DENIED, as the relief the parties seek is not afforded to them by the Local Uniform Civil Rules and is not otherwise necessesary, under these circumstances....
MEMORANDUM OPINION MICHAEL P. MILLS , District Judge . This cause comes before the Court on Defendant's Motion for Judgment on the Pleadings [16]. The Court, having reviewed the motion, the parties' submissions, the complaint, and applicable authority, is now prepared to rule. Factual Background Plaintiff, William Robert Corley, was employed by FNC, Inc. on March 4, 2013 in Oxford, Mississippi. In late 2014, Plaintiff informed his supervisors and the Human Resources Department that he...
ORDER DEBRA M. BROWN , District Judge . Before the Court in this habeas case is Deldrick Lamont Carroll's "Motion for Relief from Judgement Pursuant to Fed. R. Civ. P., 60(b)(6)." Doc. #32. I Procedural History On or about February 15, 2017, Deldrick Lamont Carroll filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 challenging his 2014 state court conviction for robbery with a deadly weapon and his designation at sentencing as a habitual offender. Doc. #1 at 1,...
AMENDED ORDER SETTING SENTENCING GLEN H. DAVIDSON , Senior District Judge . Pursuant to the change of plea held on October 9, 2018, and the Defendant's adjudication of guilt, IT IS HEREBY ORDERED that, 1. The sentencing hearing in this matter is set February 14, 2019, at 10:30 a.m., in Oxford, Mississippi. 2. The United States Probation Office shall conduct a presentence investigation and prepare a presentence report. Fed. R. Crim. P. 32(c) and (d), 18 U.S.C. 3552(a), and U.S.S.G....
MEMORANDUM OPINION GLEN H. DAVIDSON , Senior District Judge . The Court presently has before it a motion to suspend the briefing [64] on the United States' motion to dismiss in this matter. Relator instituted this qui tam action against Defendant, alleging Defendant committed numerous EMTALA violations, and as such, Defendant fraudulently obtained Medicaid/Medicare reimbursements to which it was not entitled. Defendant moved to dismiss the complaint for failure to state a claim. The...
MEMORANDUM OPINION GLEN H. DAVIDSON , Senior District Judge . The Court has before it a motion to dismiss [Doc. 35] filed by Defendants. For the reasons set forth below the Court finds that the motion should be granted but that Plaintiff should be allowed to amend his complaint. Plaintiff Richard Thomas is a former professor at the University of Mississippi's DeSoto campus. After an internal Title IX investigation, Thomas was terminated from his employment with the University. He now...
MEMORANDUM OPINION GLEN H. DAVIDSON , Senior District Judge . The Court has before it a motion for partial summary judgment [Doc. 28] filed by Plaintiffs John and Tamera Kearns and a motion for summary judgment [Doc. 30] filed by Defendants Keith Kite, Max Herring, and Desoto County, Mississippi. Having considered the matter the Court finds that the defendants' motion should be granted in part and denied in part, and the plaintiffs' motion should be denied. Background In May 2016,...
ORDER DISMISSING ACTION BY REASON OF SETTLEMENT SHARION AYCOCK , District Judge . The Court was advised that this action was settled or is in the process of being settled. Therefore, it is not necessary that the action remain on the calendar of the Court. IT IS ORDERED that this action be DISMISSED without prejudice. The Court retains complete jurisdiction to vacate this order and reopen the action upon cause shown that the settlement has not been completed and further litigation is...
ORDER DENYING MOTION TO BIFURCATE DAVID A. SANDERS , Magistrate Judge . Before the Court is Plaintiffs' [67] Motion to Bifurcate. Plaintiffs ask this Court to bifurcate the discovery phase of this case. Under Plaintiffs' proposal, phase one of discovery would be limited to issues involving classification. Following the Court's ruling on classification, the case would proceed, if necessary, to phase two, which would include all other issues. Plaintiffs assert the classification issue is...
ORDER STAYING CERTAIN PROCEEDINGS JANE M. VIRDEN , Magistrate Judge . Local Uniform Civil Rule 16(b)(1)(B) provides, "[a] motion to remand . . . will stay the attorney conference and disclosure requirements and all discovery not relevant to the remand . . . and will stay the parties' obligation to make disclosures pending the court's ruling on the motion . . ." L.U. CIV. R. 16(b)(1)(B) (emphasis added). A joint motion to remand [12] has been filed. Therefore, staying certain proceedings...
ORDER ROY PERCY , Magistrate Judge . This matter is before the court on the Motion of Officer Canyon Boykin to Produce Certain Deposition Transcripts and Exhibits to the Attorney General's Office in His Pending Criminal Case. Docket 299. Boykin is under indictment and awaiting trial in state court on charges stemming from the shooting death that was the subject of the instant action. Boykin asserts he is obliged under the Mississippi Rules of Criminal Procedure to produce to the State any...
