ORDER GRANTING SUMMARY JUDGMENT DAVID BRAMLETTE, District Judge. This cause is before the Court on Plaintiff's, Certain Underwriters at Lloyd's Subscribing to Policy No. TCN034699 and TAPCO Underwriters, Inc., Motion for Summary Judgment [docket entry no. 25]. Having reviewed the motion and responses, applicable statutory and case law, and being otherwise fully informed in the premises, the Court finds as follows: I. Factual and Procedural Background In August of 2011, Defendants Emma...
ORDER MICHAEL T. PARKER, Magistrate Judge. THIS MATTER is before the Court on the Motion for Partial Reconsideration [181] filed by Defendants William L. Dillard and William L. Dillard & Co., Inc. ("Dillard Defendants"). Having considered the Motion [181], the Court finds that it should be denied. On December 3, 2014, the Court entered an Order [180] granting in part and denying in part Plaintiff's Motion to Compel [151]. The Order required the Dillard Defendants to produce five documents....
ORDER MICHAEL T. PARKER, Magistrate Judge. BEFORE THE COURT is an Unopposed Motion [44] to Stay Pending Criminal Proceedings filed by the Plaintiffs. Plaintiffs seek to stay this civil action pending the outcome of a criminal proceeding against Plaintiff Brandin Jackson in Mississippi state court. Having considered the Motion [44] and the applicable law, the Court finds that it should be GRANTED. BACKGROUND This civil rights action arises from an incident that occurred between Plaintiffs...
Memorandum Opinion and Order LINDA R. ANDERSON, Magistrate Judge. This cause is before the Court on the Motion for Summary Judgment filed by the remaining Defendants, Lori Doss and Sheriff Steve Rushing [38]. I. Facts The facts are set out in the Court's prior opinion [43] dismissing Defendant Bateman. To summarize, Plaintiff Johnnie Earl Wheeler was incarcerated in the Lincoln County Jail ("LCJ") from December 1, 2011, through May 10, 2012, and then again from June 4, 2012, through...
MEMORANDUM OPINION AND ORDER DAVID BRAMLETTE, District Judge. This is an appeal (docket entry 44) in a criminal case from a Judgment of United States Magistrate Judge F. Keith Ball (docket entry 41). This Court has jurisdiction over the appeal pursuant to Federal Rule of Criminal Procedure ("Fed.R.Crim.P.") 58(g)(2)(B), and 18 U.S.C. 3402. Kerr appeals from his sentence imposed by the Magistrate Judge following his conviction of one count of a multi-count Information. Kerr was charged in...
MEMORANDUM OPINION AND ORDER F. KEITH BALL, Magistrate Judge. This cause is before the Court on the Motion for Summary Judgment filed by Defendants Compton and Longley ("State Defendants") [70] and the Motion for Summary Judgment filed by Defendants Alexander, Buscher, Rice and Thomas [72], as well as Plaintiff's Motion to File Additional Motions [75]. Having considered the entire record in this matter, the Court grants Defendants' Motions and denies Plaintiff's, 1 for the following reasons....
ORDER DANIEL P. JORDAN, III, District Judge. This cause came on this date to be heard upon the November 21, 2014 Report and Recommendation [18] of the United States Magistrate Judge, after referral of hearing by this Court. United States Magistrate Judge F. Keith Ball recommended dismissal with prejudice of Catchings's petition for writ of habeas corpus. Catchings filed an Objection [19] to the Report and Recommendation on December 19, 2014. Catchings also filed a Motion to Show Cause [20] on...
ORDER DANIEL P. JORDAN, III, District Judge. This case is before the Court on Plaintiff's Motion to Reset the Trial Date and Modification of the Scheduling Order [105]. Defendants the City of Mendenhall, Mississippi, and Clay Hollowell have responded in opposition [106, 107]. Because Plaintiff has failed to show good cause for the requested extension, the motion is denied. I. Facts and Procedural History Plaintiff Felipe De Jesus Negrete filed this 1983 case against the City of Mendenhall,...
ORDER ADOPTING REPORT AND RECOMMENDATION KEITH STARRETT, District Judge. This cause came on this date to be heard on the Reports and Recommendations of the United States Magistrate Judge Michael T. Parker [100] and [101], both entered herein on September 23, 2014, after referral of hearing by this Court. It should be noted that on October 14, 2014, Plaintiff filed a Motion [103] for extension of time to file a response/reply to Reports and Recommendations [100 and 101] and additionally filed...
ORDER DAVID BRAMLETTE, District Judge. This cause came on this date to be heard upon the Report and Recommendation [docket entry 17] of the United States Magistrate Judge, after referral of hearing by this Court, and there being no objections thereto, and the Court, having fully reviewed the Report and Recommendation of the United States Magistrate Judge entered in this cause, and being duly advised in the premises, finds that said Report and Recommendation should be adopted as the opinion...
ORDER DANIEL P. JORDAN, III, District Judge. This cause came on this date to be heard upon the November 21, 2014 Report and Recommendation [18] of the United States Magistrate Judge, after referral of hearing by this Court. Magistrate Judge Ball recommended dismissal of Cathings's petition for writ of habeas corpus. Under Local Rule 72(a)(3), and as noted by Judge Ball in the Report and Recommendation, any objections to the Report and Recommendation were due to be filed within 14 days after...
ORDER CARLTON W. REEVES, District Judge. Before the Court is petitioner Johnny Charles Shorter's objection to the Magistrate Judge's Report and Recommendation. Docket No. 26. Shorter later moved to substitute that objection with a more legible copy and add a few pages of exhibits. Docket No. 28. The motion will be granted. The Court has reviewed Shorter's objection and amended objection. It sees that a number of Shorter's arguments do not contest the Report and Recommendation, but instead...
OPINION AND ORDER KEITH STARRETT, District Judge. This matter is before the Court on the Defendant Jason Walters' Motion to Dismiss [4]. Having considered the submissions of the parties, the record, and the applicable law, the Court finds that the bases for dismissal urged by the Defendant are not well taken. Thus, the motion will be denied. However, the Court questions the viability of the Plaintiffs' federal cause of action based upon its sua sponte review of the sufficiency of the claim...
MEMORANDUM OPINION AND ORDER DISMISSING DEFENDANTS TERRY DAVIS, BURNELL DEDEAUX, TOM DEICHMANN, MARY FORETICH, JOHN HAWKINS, ROBERT HILLIER, BRIAN MACCARTHY, JOHN B. METCALF, CHARLES BRANDON MOORE, CARLO ROBOTTI, CRAIG SHOWS, TOM WHEELER, AND KARL WINTER FOR FAILURE TO SERVE PROCESS SULEYMAN OZERDEN, District Judge. This matter is before the Court sua sponte due to Plaintiffs Jesse M. Skinner and Manuel E. Skinner, Jr.'s ("Plaintiffs") failure to timely serve process on Defendants Terry...
ORDER ADOPTING REPORT AND RECOMMENDATION 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 October 7, 2014, after referral of hearing by this Court, no objections having been filed 1 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...
ORDER GRANTING MOTION TO DISMISS DAVID BRAMLETTE, District Judge. This cause is before the Court on Defendants', Bill Bankston, Jennings Nettles, and Will Seal, Motion to Dismiss [docket entry no. 43]. Having carefully considered the motion and response, applicable statutory and case law, and being otherwise fully informed in the premises, the Court finds as follows: I. Factual and Procedural Background Plaintiff Easter Prater began working for Defendant Wilkinson County, Mississippi, ("...
MEMORANDUM OPINION AND ORDER KEITH STARRETT , District Judge . This matter is before the Court on the Defendant Leaf River Cellulose, LLC's Motion to Dismiss [7]. Having considered the submissions of the parties and the applicable law, the Court finds that the motion is well taken and should be granted. I. BACKGROUND On January 23, 2014, Plaintiff Joseph Edward Parker filed suit against Leaf River Cellulose, LLC ("Leaf River"), his former employer, alleging that he was wrongfully...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT JACOBS TECHNOLOGY INC.'S PARTIAL MOTION TO DISMISS LOUIS GUIROLA, Jr., Chief District Judge. BEFORE THE COURT is the [4] Partial Motion to Dismiss filed by Defendant Jacobs Technology Inc. pursuant to Federal Rule of Civil Procedure 12(b)(6) in this diversity action. Jacobs moves the Court to dismiss Plaintiff Randy D. Sanford's claims for (1) negligent infliction of emotional distress; (2) intentional infliction of emotional distress; and...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on the motion of defendant Derrick Lewis to dismiss or, in the alternative, for summary judgment. Plaintiff David O. Carney has responded in opposition to the motion, but also, "in light of the issues raised in the Defendant's Motion to Dismiss," he has moved to amend his complaint to provide "a more detailed statement of the consequences of the Plaintiff's arrest and charges [that] will aid the Court in...
ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION AND DISMISSING CASE WITH PREJUDICE, ETC. KEITH STARRETT, District Judge. This cause is before the Court on Motion for Summary Judgment [52] filed by Defendants Mike Hatten, Ronald King, and Gloria Perry; and Motion for Summary Judgment [59] filed by Defendants Sophia Hamm, Bobby Lane, April Meggs, Dr. Ronald Woodall and Gwen Woodland; and Motion for Summary Judgment Denial [71] filed by Plaintiff. Before the Court also is the Report and...
