REPORT AND RECOMMENDATION JOHN C. GARGIULO , Magistrate Judge . BEFORE THE COURT is the Motion to Dismiss or for Summary Judgment (ECF No. 21) and Memorandum in Support (ECF No. 22) filed by Defendants Warden Cheron Nash, Associate Warden Sylvester Jenkins, and Special Investigative Supervisor Technician Reginald Dean. Plaintiff Anthony Jai Brown has filed a Response in Opposition (ECF No. 23) and Defendants have filed a Reply (ECF No. 25). Having considered the submissions of the parties,...
REPORT AND RECOMMENDATION JOHN C. GARGIULO , Magistrate Judge . Pursuant to 42 U.S.C. 405(g), pro se Plaintiff Robert G. Luke seeks judicial review of the decision of the Commissioner of the Social Security Administration, denying his application for disability insurance benefits under Title II of the Social Security Act, and supplemental security income under Title XVI of the Social Security Act. The Commissioner of the Social Security Administration has filed a Motion to Affirm...
PROPOSED FINDINGS OF FACT AND RECOMMENDATION ROBERT H. WALKER , Magistrate Judge . Reginald Desmond Wallace, by and through counsel, filed a petition for writ of habeas corpus on July 3, 2019. On September 24, 2012, Wallace entered a guilty plea in the Madison County Circuit Court for armed robbery, kidnapping, and conspiracy to commit armed robbery. Doc. [5-2] [5-3]. By order filed on June 6, 2013, the Madison County Circuit Court sentenced Wallace to 30-year prison terms on the counts...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE LINDA R. ANDERSON , Magistrate Judge . Before the Court is a petition for relief under 28 U.S.C. 2241, filed by Petitioner Olden Terry, III. Terry is currently incarcerated in the Federal Correctional Complex ("FCC") in Yazoo City, Mississippi, and seeks to utilize the savings clause of 28 U.S.C. 2355(e) to challenge the legality of a sentence imposed by the United States District Court for the Eastern District of North...
ORDER CARLTON W. REEVES , District Judge . Before the Court is Defendants Richard C. Reid, MD and University of Mississippi Medical Center's Motion to Stay Proceedings Additional Filings by Plaintiff Until Adjudication of Pending Dispositive Motions [33] and Joint Motion for Protective Order [36]. Defendants move this Court to stay any additional filings until the Court rules on pending dispositive motions and to relieve them of responsibility to respond to Plaintiff Zorri N. Rush's...
ORDER DENYING DEFENDANT'S MOTION IN LIMINE TO EXCLUDE SEXUALLY EXPLICIT MATERIAL DEPICTING MINORS AT TRIAL LOUIS GUIROLA, JR. , District Judge . BEFORE THE COURT is the [61] Motion in Limine to Exclude Sexually Explicit Material Depicting Minors at Trial filed by the defendant, Taryn Goin Naidoo. The Motion seeks to prohibit the United States of America ("the Government") from publishing to the jury images and videos of minors engaged in sexual activity because Naidoo has agreed to...
MEMORANDUM OPINION AND ORDER Before Carlton W. Reeves , District Judge . The United States has charged Melecia Baltazar-Sebastian with one count of misusing a Social Security number. It arrested her and promptly brought her before a United States Magistrate Judge for a detention hearing. After considering the parties' evidence, their arguments, and the applicable law, the Magistrate Judge ordered Baltazar-Sebastian to be released until her trial. The Order required Baltazar-Sebastian to...
AGREED PRELIMINARY ORDER OF FORFEITURE KEITH STARRETT , District Judge . Pursuant to a separate Plea Agreement and Plea Supplement between the defendant, BRIAN McIVER, by and with the consent of his attorney, and the UNITED STATES OF AMERICA (hereinafter "Government"), defendant agrees that the following findings are correct, and further agrees with the adjudications made herein. Accordingly, the Court finds as follows: 1. The Defendant is fully aware of the consequences of having...
ORDER DAVID BRAMLETTE , District Judge . This cause is before the Court on plaintiff Thwanda Magee ("Magee")'s Complaint against defendants Pike County, Sheriff Kenny Cotton in his Official Capacity, Deputy Bena Williams-Jones in her Individual and Official Capacity, and Other Unknown Employees and Elected Officials of Pike County. [ECF No. 1]. Defendant Bena Williams-Jones ("Williams-Jones") has filed a Motion for Judgment on the Pleadings Based on Qualified Immunity [ECF No. 13] and a...
ORDER DAVID BRAMLETTE , District Judge . This matter comes before the Court on Defendant Arthur Wilson ("Wilson")'s Motion to Dismiss (Doc. 8), Motion to Declare the Indictment Defective Due to Duplicity (Doc. 7), and Motion to Suppress and/or Exclude (Doc. 6). This Court held a hearing on the aforementioned motions on October 21, 2019. Having read the Motions, memoranda in support, applicable statutory and case law, heard the arguments by the Government and Defendant, and otherwise being...
ORDER DAVID BRAMLETTE , District Judge . This matter comes before the Court on Defendant Arthur Wilson ("Wilson")'s Motion to Declare the Indictment Defective Due to Duplicity (Doc. 139), and Motion to Suppress and/or Exclude (Doc. 138). This Court held a hearing on the aforementioned motions on October 21, 2019. Having read the Motions, memoranda in support, applicable statutory and case law, heard the arguments by the Government and Defendant, and otherwise being fully informed in the...
ORDER DANIEL P. JORDAN, III , Chief District Judge . This petition for habeas corpus is before the Court on the Report and Recommendation [12] of Magistrate Judge Linda R. Anderson. Judge Anderson recommended granting Respondent's motion to dismiss [10] the petition as time barred under 28 U.S.C. 2244(d), the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Wales did not file an objection, and the time to do so has passed. The AEDPA imposes a one-year statute of...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE LINDA R. ANDERSON , Magistrate Judge . Leo Wales filed a petition for writ of habeas corpus relief on February 4, 2019. Respondent asserts that the petition is time-barred pursuant to 28 U.S.C. section 2244(d) under the Antiterrorism and Effective Death Penalty Act of 1996. Alternatively, Respondent argues that Petitioner's claims are procedurally defaulted. As a thorough review of the record supports the Respondent's contentions,...
ORDER GRANTING GOVERNMENT'S MOTION IN LIMINE REGARDING ADMISSIBILITY OF TRADE INSCRIPTIONS LOUIS GUIROLA, JR. , District Judge . BEFORE THE COURT is the [60] Motion in Limine Regarding Admissibility of Trade Inscriptions filed by the United States of America ("the Government"). The Motion seeks a pretrial determination that the trade inscriptions affixed to various electronic devices seized from the defendant's home are self-authenticating and admissible at trial. The defendant has not...
ORDER CARLTON W. REEVES , District Judge . Before the Court is defendants Antarctic Mechanical Services, Inc., AMS Mechanical Holdings, and Phillip Bertellotti's Motion for Partial Summary Judgment on Plaintiff Tracey James' claim for "damages as a result of witnessing her daughter and granddaughter" experience a vehicle accident on September 18, 2015 (hereinafter referred to as James' "bystander claim"). That day, James was driving with her daughter and granddaughter in the back seat...
ORDER HENRY T. WINGATE , District Judge . BEFORE THIS COURT are the following post-judgment motions: plaintiff's Motion to Issue Overdue Orders [Docket no. 166]; and plaintiff's Motion to Reconsider [Docket no. 170]. This court has reviewed the motions of the plaintiff and, for the reasons following, denies all post-judgment motions of the plaintiff. I. PRO SE PLAINTIFF Plaintiff herein is Larry D. Christmas Jr., acting pro se 1 . A pro se litigant "must comply with...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION [43] FOR PARTIAL SUMMARY JUDGMENT HALIL SULEYMAN OZERDEN , District Judge . BEFORE THE COURT is Defendant John W. Benus, DPM's Motion [43] for Partial Summary Judgment. This suit arises out of two surgeries, both known as bilateral fasciotomies, which Defendant John W. Benus, DPM, performed on Plaintiff Samuel L. McKever, Jr. Plaintiff alleges that Defendant was negligent in performing the surgeries and is seeking damages, including...
ORDER GRANTING MOTION TO SUPPLEMENT, AFFIRMING MAGISTRATE, AND REQUIRING PETITIONER TO SHOW CAUSE HENRY T. WINGATE , District Judge . BEFORE THE COURT are pro se petitioner Rickey Lee Holifield's Appeal to District Judge [6] and Motion to Supplement the Record [8]. On September 10, 2019, Holifield filed a Petition for Writ of Habeas Corpus, specifically referencing both Title 28 U.S.C. 2241 and 2254. Six days later, because the Petition did not conform to Title 28 U.S.C. 2242,...
ORDER ADOPTING REPORT AND RECOMMENDATION HENRY T. WINGATE , District Judge . This matter comes before this Court pursuant to the Report and Recommendation of United States Magistrate Judge John C. Gargiulo. Said document was filed on October 3, 2019. [ Docket no. 15]. Petitioner Robert John Carrier ("Petioner") subsequently filed two letter responses addressed to Magistrate Judge Garguilo on July 19, 2019 [Docket no. 13] and on August 8, 2019 [Docket no. 14]; however, Petitioner failed...
ORDER ADOPTING REPORT AND RECOMMENDATION HENRY T. WINGATE , District Judge . This matter comes before this Court pursuant to the Report and Recommendation of United States Magistrate Judge Linda R. Anderson. Said document was filed on November 18, 2019. [ Docket no. 15]. To date, no written objections to the proposed findings, conclusions, and recommendation contained within the Magistrate Judge's Report and Recommendation have been filed. This Court, therefore, finds the Report and...
