MEMORANDUM OPINION JOHN M. ROPER, SR., United States Chief Magistrate Judge. This matter is before the Court on the motion of the Defendants, Melvin Brisolara [Brisolara] and Officer Jeffrey Frye #280(K-9) [Frye] for summary judgment [43] filed in this case. The Court, being fully advised in the premises, and after carefully considering the pleadings filed as a matter of record, along with the applicable law, finds as follows. STATEMENT OF THE CASE Plaintiff filed this pro se 1983...
MEMORANDUM OPINION AND ORDER CARLTON W. REEVES, District Judge. From August 13 through 16, 2012, this Court held a bench trial on Plaintiff Wendy Chickaway's claims of medical negligence and wrongful death against the United States of America arising under the Federal Tort Claims Act ("FTCA"). Plaintiff has brought this suit as the personal representative of her son, Brandon Phillips, and on behalf of his wrongful death beneficiaries. Brandon, a twelve year-old little boy, died of sepsis on...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on the motion of defendant Crump Insurance Services, Inc. (Crump) for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff First Trinity Capital Corporation (First Trinity) has responded to the motion and the court, having considered the memoranda of authorities, together with attachments, submitted by the parties, concludes that the motion is well taken and should be...
ORDER CARLTON W. REEVES, District Judge. The above-styled matter is before the Court on Defendant's Motion to Dismiss, or in the alternative, Motion for Summary Judgment. Docket No. 4. Plaintiff has responded in opposition [Docket No. 7] and Defendant has submitted a rebuttal [Docket No. 9]. Having carefully considered the parties' motions, their opposition thereto, applicable case law, and being otherwise fully advised in the premises, the Court orders that Defendant's motion be granted. I....
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on the motion of defendant Jon M. Keener to dismiss pursuant to Rules 12(b)(2) and 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff New South Equipment Mats, LLC (New South) has responded to the motion and the court, having considered the memoranda of authorities submitted by the parties, concludes, first, that Keener's objection to personal jurisdiction is without merit, and second, that his...
ORDER DANIEL P. JORDAN III, District Judge. This 1983 equal-protection action is before the Court on Defendants' Motion for Summary Judgment [50]. Plaintiff has responded in opposition [55]. Having fully considered the parties' submissions and the relevant authority, the Court finds that the motion should be granted. I. Facts and Procedural History This suit springs from a zoning dispute between Plaintiff Bruen Craig and Yazoo City, Mississippi, regarding a portable building Craig...
MEMORANDUM OPINION AND ORDER CARLTON W. REEVES, District Judge. Before the Court is a patent infringement action filed by MGT Gaming, Inc. ("MGT") against the following defendants: WMS Gaming, Inc. ("WMS") and its affiliated casino operators, Caesars Entertainment Corporation ("Caesars") and MGM Resorts International, Inc. ("MGM") (collectively the "WMS Defendants"); along with Aruze Gaming America, Inc. ("Aruze") and its affiliated casino operator Penn National Gaming, Inc. ("Penn") (...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on the motion of defendant Travelers Indemnity Company of Connecticut (Travelers) for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff Dareadell Terrell Thompson has responded to the motion and the court, having considered the memoranda of authorities, together with attachments, submitted by the parties, concludes that Travelers' motion is well taken and should be...
ORDER GRANTING MOTION TO SUPPRESS CARLTON W. REEVES, District Judge. Before the Court is the Defendant Armando Alvarado's Motion to Suppress certain evidence resulting from his detention and arrest. The Court has reviewed the submissions of the parties, the testimony, and the evidence presented at the suppression hearing; received arguments of counsel; and reviewed the recording of the stop taken from a camera installed in the officer's patrol car. 1 For the reasons stated below, the motion...
MEMORANDUM OPINION AND ORDER LINDA R. ANDERSON, Magistrate Judge. This cause is before the Court on the Motion for Summary Judgment filed by Defendants The GEO Group, Inc., Robert Grubbs, Doris Smith, and Bart Grimes [32] on May 10, 2013. Plaintiff Larry Walker filed a response [34] to the motion on May 29, 2013. The Court has considered the pleadings in this case and the applicable law and finds that the motion is meritorious and should be granted on the basis that Plaintiff failed to...
MEMORANDUM OPINION F. KEITH BALL, Magistrate Judge. Plaintiff, a state prisoner, brought this action pursuant to 42 U.S.C. 1983 alleging inadequate medical care by prison officials. Specifically, he claims that medical personnel at Central Mississippi Medical Facility (CMCF) and East Mississippi Correctional Facility (EMCF) failed to provide prompt and adequate treatment for a shoulder injury. Having considered Plaintiff's testimony at the omnibus hearing, having conferred with defense...
MEMORANDUM OPINION AND ORDER F. KEITH BALL, Magistrate Judge. This is an action filed by a state inmate pursuant to 42 U.S.C. 1983. The only remaining defendant is Christopher Epps, Commissioner of the Mississippi Department of Corrections (MDOC). Presently before the Court are the parties' cross-motions for summary judgment. Having considered the motions, the Court concludes that Defendant Epps's motion should be granted, Plaintiff's motion should be denied, and this matter should be...
MEMORANDUM OPINION AND ORDER F. KEITH BALL, Magistrate Judge. The Court held an omnibus hearing 1 in this matter, at which time it conferred with Plaintiff and counsel for Defendants in this suit founded upon 42 U.S.C. 1983. At that hearing, the parties consented to have a United States Magistrate Judge conduct any and all further proceedings in the case and order the entry of final judgment, and the District Judge subsequently entered an order of reference. 28 U.S.C. 636(c); Fed. R. Civ....
ORDER KEITH STARRETT, District Judge. This cause came on this date to be heard upon the Report and Recommendation of the United States Magistrate Judge entered herein on August 20, 2013, after referral of hearing by this Court, no objections having been filed as to the Report and Recommendation, and the Court, having fully reviewed the same as well as the record in this matter, and being duly advised in the premises, finds that said Report and Recommendation should be adopted as the opinion...
REPORT AND RECOMMENDATION MICHAEL T. PARKER, Magistrate Judge. This matter is before the Court sua sponte upon Plaintiff Mary Hall's failure to comply with certain court orders. Based on the record and applicable law, the undersigned recommends that this case be dismissed. LEGAL STANDARD Under Federal Rule of Civil Procedure 41(b), a trial court has discretionary authority to dismiss an action sua sponte for the plaintiff's failure to prosecute or comply with any order of the court....
ORDER KEITH STARRETT, District Judge. This cause came on this date to be heard upon the Report and Recommendation of the United States Magistrate Judge entered herein on August 8, 2013, after referral of hearing by this Court, no objections having been filed as to the Report and Recommendation, and the Court, having fully reviewed the same as well as the record in this matter, and being duly advised in the premises, finds that said Report and Recommendation should be adopted as the opinion of...
REPORT AND RECOMMENDATION MICHAEL T. PARKER, Magistrate Judge. THIS MATTER is before the Court on Plaintiff's motion for emergency administrative assistance [22]. Plaintiff seeks dismissal of a rules violation report ("RVR") and transfer to another facility. Having considered the motion, evidence in the record, and applicable law, the undersigned recommends that the Plaintiff's motion should be DENIED. FACTUAL BACKGROUND Plaintiff Jerome Banks, proceeding pro se, filed his original...
ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION AND DISMISSING CASE WITH PREJUDICE, ETC. KEITH STARRETT, District Judge. This cause is before the Court on Report and Recommendation [41] of Magistrate Judge Michael T. Parker, together with Objection thereto [47] filed by plaintiff Roy Stafford, and the Court has considered said documents, together with the pleadings herein and the record, and being fully advised in the premises finds that the Report and Recommendation should be adopted and...
ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION AND DISMISSING PETITION WITHOUT PREJUDICE, ETC. KEITH STARRETT, District Judge. This cause is before the Court on Petition [1] of Marco S. Raine filed pursuant to 28 U.S.C. 2241. Magistrate Judge Michael T. Parker has filed a Report and Recommendation herein [36] and Petitioner has objected to the Report and Recommendation [37]. The Government noted that it would not respond [38]. The Court has considered the record herein, together with the...
REPORT AND RECOMMENDATION MICHAEL T. PARKER, Magistrate Judge. BEFORE THE COURT is Marco S. Raine's pro se Petition [1] 2 for Writ of Habeas Corpus filed pursuant to 28 U.S.C. 2241. Having considered the petition, the answer, the documents made a part of the record of this case, and the applicable law, and being thus fully advised in the premises, the undersigned finds that Petitioner did not exhaust all available administrative remedies prior to filing this action. Accordingly, the...
