AGREED ORDER OF PARTIAL DISMISSAL LOUIS GUIROLA , District Judge . THIS CAUSE is before the Court on the Motion to Dismiss filed by Defendant Health Services of South Mississippi, LLC. A hearing was held on October 15, 2015, during which Plaintiff Randall Alan Williams accepted the contentions of Health Services of South Mississippi, LLC, that it did not provide medical care to him in Jackson County, Mississippi, that Health Assurance LLC was the party with the contract to provide...
REPORT AND RECOMMENDATION F. KEITH BALL , Magistrate Judge . This diversity action is before the Court sua sponte for consideration of dismissal for lack of subject matter jurisdiction. The issue of subject matter jurisdiction was raised by the undersigned at the case management conference, and thereafter the parties were ordered to submit briefs on the issue. Having considered the arguments of the parties, the undersigned finds that the amount in controversy is less than the...
REPORT AND RECOMMENDATIONS JOHN C. GARGIULO , Magistrate Judge . BEFORE THE COURT is the Application of Derrick Mearday ["Petitioner"] for Writ of Habeas Corpus [1] pursuant to Title 28, United States Code, Section 2254. On April 15, 2015, Dan Smith ["Respondent"] filed a Motion to Dismiss [10] the instant Petition based upon Petitioner's failure to exhaust available state court remedies. Having considered the Petition, Respondent's Motion to Dismiss, Petitioner's Response [15], and...
REPORT AND RECOMMENDATIONS JOHN C. GARGIULO , Magistrate Judge . BEFORE THE COURT is the Application of David Jackson ["Petitioner"] for Writ of Habeas Corpus [1] pursuant to Title 28, United States Code, Section 2254 filed March 10, 2014. The State of Mississippi and Department of Corrections Commissioner Christopher Epps ["Respondents"] filed a Response [6] to the instant Petition, Jackson filed a Traverse [11], and the Respondents filed a Rebuttal [12]. Having considered the...
REPORT AND RECOMMENDATIONS JOHN C. GARGIULO , Magistrate Judge . BEFORE THE COURT is the Application of Cecil R. Ben ["Petitioner"] for Writ of Habeas Corpus [1] pursuant to Title 28, United States Code, Section 2254 filed November 1, 2013. Johnnie Denmark and Mississippi Attorney General Jim Hood ["Respondents"] filed a Response [8] to the instant Petition, and Ben filed a Traverse [11]. Having considered the submissions, records on file, the arguments of the parties, and relevant legal...
REPORT AND RECOMMENDATIONS JOHN C. GARGIULO , Magistrate Judge . Pursuant to 42 U.S.C. 405(g), claimant Aileen Robbins Buck seeks judicial review of the decision of the Commissioner of the Social Security Administration denying her application for disability benefits under Titles II and XVI of the Social Security Act. Defendant Carolyn W. Colvin, Acting Commissioner of the Social Security Administrations, has filed a [10] Motion to Dismiss, or in the Alternative, for Summary Judgment,...
REPORT AND RECOMMENDATION MICHAEL T. PARKER , Magistrate Judge . THIS MATTER is before the Court on Defendants' Motion for Summary Judgment [39]. Having considered the Motion [39], the record, and the applicable law, the undersigned recommends that the Motion [39] be granted, this action be dismissed, and the dismissal count as a strike pursuant to 28 U.S.C. 1915(g). BACKGROUND On November 20, 2013, Plaintiff Amos E. Crump, proceeding pro se and in forma pauperis, filed his...
AGREED FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE OF HARTFORD'S THIRD-PARTY COMPLAINT AGAINST 3-D ENTERPRISES, INC. d/b/a 3-D GLASS COMPANY LOUIS GUIROLA , District Judge . This day this cause having come before the Court on the ore tenus motion of the Third-Party Plaintiff, Hartford Fire Insurance Company, and the separate Third-Party Defendant, 3-D Enterprises, Inc. d/b/a 3-D Glass Company, each appearing through counsel, and upon call of the action, these parties through their...
ORDER CARLTON W. REEVES , District Judge . Before the Court is a motion for summary judgment filed by Dennis C. Sweet and his eponymous law firm. Docket No. 37. After considering the arguments and applicable law, the Court concludes that the motion should be granted in part and deferred in part. I. Factual and Procedural History The facts of this case are not known with precision, but the following rough outline can be discerned from the parties' various filings and attachments. On...
ORDER ADOPTING REPORT AND RECOMMENDATION CARLTON W. REEVES , District Judge . This matter is before the Court pursuant to the Report and Recommendation of United States Magistrate Judge F. Keith Ball, which was entered on December 2, 2015. Docket No. 15. The Report and Recommendation clearly notified the parties that failure to file written objections to the findings and recommendations contained therein within 14 days after service would bar further appeal in accordance with 28 U.S.C....
REPORT AND RECOMMENDATION F. KEITH BALL , Magistrate Judge . This matter is before the Court on the Respondent's Motion to Dismiss [14] filed pursuant to 28 U.S.C. 2244(d), to which the Petitioner failed to respond. For the reasons explained below, the undersigned recommends that the Motion to Dismiss be granted. I. FACTS AND PROCEDURAL HISTORY On July 18, 2006, a jury convicted Weaver of armed robbery (Count I) and possession of a firearm by a convicted felon (Count II) in the First...
MEMORANDUM OPINION AND ORDER DAVID BRAMLETTE , District Judge . This cause is before the Court on the plaintiff's Motion for Default Judgment (docket entry 7). Having carefully considered the motion, to which the defendant has not responded, and the record in this case, the Court finds as follows: The plaintiff, Hart's Landscaping & Construction, LLC, commenced this action by filing its Complaint against defendant Vision Underground, LLC. Proof of service of the Summons and Complaint on...
ORDER DAVID BRAMLETTE , District Judge . This cause is before the Court on the petitioner Willie James Allen's "rebuttal" regarding the Final Judgment issued in this case on August 12, 2015, which dismissed Allen's Petition for Habeas Corpus under 28 U.S.C. 2254. The Court construes the petitioner's "rebuttal" (docket entry 17) as a motion for reconsideration pursuant to Federal Rule of Civil Procedure 59(e). Having carefully considered the motion and the respondent's response thereto,...
ORDER DAVID BRAMLETTE , District Judge . This cause is before the Court on the movant Charles Edward Price's "Miscellaneous Motion/Motion for Reduction of Sentence" (docket entry 422), Motion for Status, etc. (docket entry 448), and "Motion for an Order Compelling Disclosure or Discovery" (docket entry 449). Price filed a Notice of Appeal to the Fifth Circuit Court of Appeals on March 19, 2015. In order for this Court to exercise subject-matter jurisdiction over a claim, the claim...
ORDER CARLTON W. REEVES , District Judge . Before the Court is the defendant's motion to dismiss. Docket No. 22. The plaintiff has responded, Docket No. 25, and the matter is ready for review. George Brent Bailey, Jr. alleges that in January 2010, he was the victim of medical malpractice at the G.V. (Sonny) Montgomery VA Medical Center in Jackson, Mississippi. Docket No. 3. In January 2014, Bailey says, he sent a letter to the VA placing it on notice of his claim. Docket No. 1-2, at 1-5....
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S [52] MOTION TO DISMISS OR FOR SUMMARY JUDGMENT HALIL SULEYMAN OZERDEN , District Judge . BEFORE THE COURT is the Motion to Dismiss or for Summary Judgment [52] filed by Defendant United States of America on September 8, 2015. This Motion is fully briefed. After consideration of the Motion, the pleadings, the record in this case, and relevant legal authorities, and for the reasons discussed below, the Court finds that this Motion should be...
ORDER KEITH STARRETT , District Judge . For the reasons below, the Court denies Emerald Coast's Rule 56(d) Motions [56, 81], and it grants BancorpSouth and Alterra's Motions for Summary Judgment [45, 71]. I. BACKGROUND This case arises from a warehouse fire in April 2013. Plaintiff Emerald Coast Finest Produce Company, Inc. ("Emerald Coast") owned the building and leased it to Defendant Sunrise Fresh Produce, LLC ("Sunrise"). The lease agreement required Sunrise to "provide and...
ORDER MICHAEL T. PARKER , Magistrate Judge . THIS MATTER is before the Court on the Plaintiff's Motion for Extension of Discovery Deadline and to Extend Expert Designation Deadline [111]. Having considered the parties' submissions, the record, and the applicable law, the Court finds that the Motion [111] should be GRANTED. In this action, Plaintiff alleges that on April 4, 2011, a storm caused wind and water damage to its building located in Hattiesburg, Mississippi. Allegedly, the...
MEMORANDUM OPINION AND ORDER KEITH STARRETT , District Judge . This matter is before the Court on Defendant Boggs & Poole Contracting Group, Inc.'s ("Boggs") Motion for Sanctions [156] and Motion to Strike Affidavit of John M. Lassiter, Esq., in Plaintiffs' Response in Opposition ("Motion to Strike") [167]. After considering the submissions of the parties, the record, and the applicable law, the Court finds that Boggs' Motion for Sanction [156] should be denied and that its Motion to...
OPINION AND ORDER MICHAEL T. PARKER , Magistrate Judge . Plaintiff Terry Donald Causey ("Causey") brings this action pursuant to 42 U.S.C. 405(g) seeking judicial review of a final decision of the Commissioner of the Social Security Administration denying his claim for social security disability insurance benefits. This matter is now before the Court on the Motion for Summary Judgment [10] filed by the Plaintiff and the Motion to Affirm the Commissioner's Decision [13] filed by the...
