REPORT AND RECOMMENDATION SHON T. ERWIN , Magistrate Judge . Plaintiff brings this action pursuant to 42 U.S.C. 405(g) for judicial review of the final decision of the Commissioner of the Social Security Administration denying Plaintiff's application for supplemental security income (SSI) under the Social Security Act. United States District Judge Vicki Miles-LaGrange has referred this matter to the undersigned magistrate judge for initial proceedings consistent with 28 U.S.C. 636(b)(...
REPORT AND RECOMMENDATION BERNARD M. JONES , District Judge . Plaintiff, Orlando Walker, seeks judicial review of the Social Security Administration's denial of disability insurance benefits (DIB). This matter has been referred by United States District Judge David L. Russell for proposed findings and recommendations. See 28 U.S.C. 636(b)(1)(B) and (C). For the reasons set forth below, it is recommended that the Commissioner's decision be reversed and the matter remanded for further...
REPORT AND RECOMMENDATION BERNARD M. JONES , Magistrate Judge . Plaintiff, Craig Cordell Franklin, seeks judicial review of the Social Security Administration's denial of disability insurance benefits (DIB) and supplemental security income (SSI). This matter has been referred by United States District Judge David L. Russell for proposed findings and recommendations. See 28 U.S.C. 636(b)(1)(B) and (C). For the reasons set forth below, it is recommended that the Commissioner's decision...
ORDER TIMOTHY D. DEGIUSTI , District Judge . Before the Court is Defendant's Partial Motion to Dismiss Plaintiffs' Amended Complaint [Doc. No. 95], to which Plaintiffs have filed their response in opposition [Doc. No. 98] and Defendant has replied [Doc. No. 100]. The matter is fully briefed and at issue. 1 BACKGROUND 2 The present case stems from the parties' dispute over Plaintiffs' rights under long held leases to take natural gas, free of charge, from Defendant's wells. Defendant...
MEMORANDUM OPINION AND ORDER SHON T. ERWIN , Magistrate Judge . Plaintiff brings this action pursuant to 42 U.S.C. 405(g) for judicial review of the final decision of the Commissioner of the Social Security Administration denying Plaintiff's applications for benefits under the Social Security Act. The Commissioner has answered and filed a transcript of the administrative record (hereinafter TR. ____). The parties have consented to jurisdiction over this matter by a United States...
ORDER TIMOTHY D. DEGIUSTI , District Judge . Before the Court are several Motions to Dismiss Plaintiff's Amended Complaint [Doc. Nos. 80, 81, 82, 83, and 88]. 1 Plaintiff's original Complaint [Doc. No. 1] was dismissed for failure to assert a claim within this Court's jurisdiction [Doc. No. 75]. 2 Plaintiff's Amended Complaint [Doc. No. 77], which does little more than add two conclusory allegations, fails to correct the defects in the original. Accordingly, Plaintiff's Amended...
MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON , District Judge . On December 17, 2013, Plaintiff Wendy Hanaway was injured when a firearm she was carrying in her purse discharged. Plaintiffs then filed an action in the District Court of Oklahoma County, State of Oklahoma, asserting claims against Defendants Cobra and Superpawn. Plaintiffs asserted claims against Superpawn for negligence and against Cobra for negligence, strict liability, and gross negligence. Plaintiffs also bring a claim...
ORDER TIMOTHY D. DeGIUSTI , District Judge . Pursuant to Rule 54(b), of the Federal Rules of Civil Procedure, Plaintiff moves for a certificate of appealability with respect to the Court's order granting Defendant BGF Global, LLC's (BGF) Motion for Partial Summary Judgment [Doc. No. 64]. BGF and Defendant Lawrance Dildine oppose the request [Doc. No. 74]. The matter is fully briefed and at issue. BACKGROUND This action is the result of a collision at the intersection of S.E. 15th and S....
ORDER TIMOTHY D. DeGIUSTI , District Judge . Before the Court is Defendants Stephanie Spomer, Lila Logan-Jansonius, Stephen Cahoon, and Kenneth Hansen's Motion to Dismiss [Doc. No. 14], filed pursuant to Fed. R. Civ. P. 12(b)(6). These four defendants are individual members of the board of trustees of the Town of Lahoma (the "Town"), and refer to themselves collectively as the Individual Lahoma Defendants. They seek dismissal of all claims asserted against them personally by Plaintiff,...
ORDER DAVID L. RUSSELL , District Judge . Six motions are pending before the Court. Having considered the parties' briefs, the Court • DENIES Defendant's Motions to Dismiss for Lack of Jurisdiction. (Docs. 123 & 124). • GRANTS Plaintiff Antonelli's Motion to Dismiss Claims against Defendant with Prejudice. (Doc. 127). • GRANTS IN PART AND DENIES IN PART Plaintiffs' Motion for Partial Summary Judgment. (Doc. 97). • DENIES Defendant's Motion for Summary Judgment. (Doc. 100). • DENIES...
ORDER TIMOTHY D. DeGIUSTI , District Judge . Plaintiff, a federal prisoner appearing pro se, brought the present Bivens 1 action against the former Warden of the Federal Correctional Institution at El Reno, Oklahoma (FCI El Reno) and the Compassionate Release Coordinator at the facility. In sum, Plaintiff contended his constitutional rights were violated when Defendants purportedly mishandled his application for a reduction in sentence, arbitrarily denied his request for a...
SUPPLEMENTAL REPORT AND RECOMMENDATION GARY M. PURCELL , Magistrate Judge . Plaintiff, a federal prisoner appearing pro se and in forma pauperis, brings this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). 1 In his Amended Complaint filed May 31, 2016, Plaintiff names Mr. Scarantino, the former Warden of the Federal Correctional Institution at El Reno, Oklahoma ("FCI El Reno"), and Mr. Rogalsky, in his capacity...
MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON , District Judge . Plaintiff filed this case asserting claims based on 42 U.S.C. 1983, the Eighth Amendment, Art. II 9 of the Oklahoma Constitution, and negligence rooted in Oklahoma state law. Defendants Mullett and Rhodes each filed Partial Motions to Dismiss (Dkt. Nos. 16, 18), Plaintiff responded, and the Motions are now at issue. Both will be addressed herein. Plaintiff was arrested for an outstanding misdemeanor warrant on April 10,...
ORDER TIMOTHY D. DEGIUSTI , District Judge . Before the Court are Motions to Suppress by Defendants Ken Ezeah [Doc. No. 70] and Akunna Ejiofor [Doc. No. 79]. The government has filed its responses in opposition [Doc. Nos. 78, 85] and the matters are now at issue. The Court assumes the parties' familiarity with the facts underlying this action. For a more comprehensive statement of those facts, reference should be made to the Court's Order denying Defendant Ezeah's Motion to Suppress for...
ORDER TIMOTHY D. DEGIUSTI , District Judge . This matter comes before the Court on Defendant Ken Ezeah's Motion to Suppress Search Warrant for Franks v. Delaware Violation [Doc. No. 98], to which the government has filed its response in opposition [Doc. No. 103]. A hearing was held on December 9, 2016 during which the parties presented their respective arguments and evidence. 1 The matter is fully briefed and at issue. BACKGROUND On January 25, 2016, Special Agent Christine Beining...
ORDER DAVID L. RUSSELL , District Judge . Plaintiff filed a Motion to Remand (Doc. No. 16) to which Defendant CDL Electric filed the sole response in opposition. Having considered the parties' submissions, the Court finds as follows. In the Amended Petition Plaintiff alleges that despite his best efforts he was unable to avoid a collision between the Mack truck he was operating and a train operated by Defendant BNSF in March 2012, because the flashing lights at the crossing were not...
ORDER DAVID L. RUSSELL , District Judge . Before the Court is Defendant Boyd's Motion under 28 U.S.C. 2255 to correct his sentence. (Doc. 59). Plaintiff United States has filed a Response (Doc. 62). Defendant has replied. (Doc. 65). For the following reasons, the Court DENIES Defendant's Motion. Factual and Procedural Background This habeas petition arises out of Defendant Ronald Boyd's conviction for drug and firearm-related offenses. Mr. Boyd, named in a nine-count indictment in...
AMENDED MEMORANDUM OPINION AND ORDER SUZANNE MITCHELL , Magistrate Judge . Cathy Joann Paris (Plaintiff) brings this action for judicial review of the Defendant Acting Commissioner of Social Security's (Commissioner) final decision that she was not "disabled" under the terms of the Social Security Act. See 42 U.S.C. 405(g), 423(d)(1)(A). The parties have consented under 28 U.S.C. 636(c) to proceed before a United States Magistrate Judge. Doc. 13. Following a careful review of the...
REPORT AND RECOMMENDATION SHON T. ERWIN , Magistrate Judge . Plaintiff brings this action pursuant to 42 U.S.C. 405(g) for judicial review of the final decision of the Commissioner of the Social Security Administration denying Plaintiff's application for benefits under the Social Security Act. The Commissioner has answered and filed a transcript of the administrative record (hereinafter TR. ____). This matter has been referred to the undersigned magistrate judge for initial proceedings...
ORDER JOE HEATON , District Judge . Defendant Tommy Lynn Richardson has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255. The motion is directed to the restitution obligation imposed in connection with his conviction for conspiracy to commit wire fraud. Richardson was ordered to pay restitution in the amount of $1,698,117.50. That obligation was joint and several with the restitution obligation of his co-defendants. In his motion, defendant argues...
