REPORT AND RECOMMENDATION WILLIAM B. CARTER, Magistrate Judge. This action was instituted pursuant to 42 U.S.C. 405(g) and 1383(c)(3) seeking judicial review of the final decision of the Commissioner of Social Security denying the plaintiff supplemental security income under Title XVI of the Social Security Act. This matter has been referred to the undersigned pursuant to 28 U.S.C. 636(b) and Rule 72(b) of the Federal Rules of Civil Procedure for a Report and Recommendation regarding...
AGREED ORDER OF REVOCATION R. LEON JORDAN, District Judge. A Petition for Revocation of Supervised Release has been filed against the defendant, Vicki Lynn Keirsey, and the defendant admits that she has violated certain conditions of her supervised release. An agreement has been reached between the parties, recommending that Ms. Keirsey's supervised release should be revoked and that she should receive a sentence of ten (10) months followed by three (3) years of supervised release subject to...
AMENDED AGREED ORDER OF REVOCATION R. LEON JORDAN, District Judge. A Petition for Warrant for Offender Under Supervision has been filed in this matter and the Defendant, Brandon Dale Shelton, admits that he has violated certain conditions of his supervised release. An agreement has been reached between the parties which recommends that Mr. Shelton's supervised release should be revoked and that he should receive a sentence of five (5) months confinement followed by three (3) years of...
REPORT AND RECOMMENDATION H. BRUCE GUYTON, Magistrate Judge. This case is before the undersigned pursuant to 28 U.S.C. 636, the Rules of this Court, and the referral of the District Judge [Docs. 18, 23]. Now before the Court is Plaintiff's Motion for Default Judgment [Doc. 17], in which she moves the Court to enter a default judgment against Defendant Stanley Jason Daniels pursuant to Fed. R. Civ. P. 55(b) and to conduct a hearing to determine the appropriate amount damages to be awarded...
REPORT AND RECOMMENDATION WILLIAM B. CARTER, Magistrate Judge. Pursuant to 28 U.S.C. 636(b), I conducted a plea hearing in this case on December 23, 2014. At the hearing, defendant entered a plea of guilty to Count One of the Indictment in exchange for the undertakings made by the government in the written plea agreement. On the basis of the record made at the hearing, I find that the defendant is fully capable and competent to enter an informed plea; that the plea is made knowingly and...
REPORT AND RECOMMENDATION WILLIAM B. MITCHELL CARTER, Magistrate Judge. This action was instituted pursuant to 42 U.S.C. 405(g) and 1383(c)(3) seeking judicial review of the final decision of the Commissioner denying the plaintiff a period of disability, disability insurance benefits, and supplemental security income under Title II and Title XVI of the Social Security Act, 42 U.S.C. 416(I), 423, and 1382. This matter has been referred to the undersigned pursuant to 28 U.S.C. 636(b)...
REPORT AND RECOMMENDATION WILLIAM B. MITCHELL CARTER, Magistrate Judge. This action was instituted pursuant to 42 U.S.C. 405(g) and 1383(c)(3) seeking judicial review of the final decision of the Commissioner of Social Security denying the plaintiff supplemental security income under Title XVI of the Social Security Act. This matter has been referred to the undersigned pursuant to 28 U.S.C. 636(b) and Rule 72(b) of the Federal Rules of Civil Procedure for a Report and Recommendation...
REPORT AND RECOMMENDATION SUSAN K. LEE, Magistrate Judge. Pursuant to 28 U.S.C. 636(b), I conducted a plea hearing in this case on December 17, 2014. At the hearing, defendant moved to withdraw his not guilty plea to Count One of the one-count Indictment and entered a plea of guilty to Count One of the Indictment. There is no plea agreement in this case. On the basis of the record made at the hearing, I find the defendant is fully capable and competent to enter an informed plea; the plea is...
MEMORANDUM OPINION AND ORDER THOMAS A. VARLAN, Chief District Judge. This criminal case is before the Court on the defendant's Post-Trial Motion for New Trial pursuant to Federal Rule of Criminal Procedure 33 [Doc. 254]. The government has responded in opposition [Doc. 269]. Having reviewed the record and considered the parties' arguments in light of the relevant and controlling law, the defendant's motion will be denied. I. Background The defendant, Joyce E. Allen, was charged in all ten...
REPORT AND RECOMMENDATION WILLIAM B. MITCHELL CARTER, Magistrate Judge. Pursuant to 28 U.S.C. 636(b), I conducted a plea hearing in this case on December 16, 2014. At the hearing, defendant entered a plea of guilty to Count One of the Indictment. No plea was entered as to Count Two; that Count needs to be set for trial. There is no plea agreement in this case. On the basis of the record made at the hearing, I find that the defendant is fully capable and competent to enter an informed plea;...
AGREED ORDER OF REVOCATION R. LEON JORDAN, District Judge. A Petition for Warrant for Offender Under Supervision has been filed in this matter and the Defendant, Brandon Dale Shelton, admits that he has violated certain conditions of his supervised release. An agreement has been reached between the parties which recommends that Mr. Shelton's supervised release should be revoked and that he should receive a sentence of nine (9) months (five (5) months confinement/four (4) months in a half-way...
ORDER THOMAS A. VARLAN, Chief District Judge. This civil matter is before the Court on the Report and Recommendation (the "R&R") entered by United States Magistrate Judge H. Bruce Guyton on December 10, 2014 [Doc. 34]. In the R&R, Magistrate Judge Guyton recommends that the Court grant in part plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act ("EAJA") [Doc. 31] and award plaintiff $8,185.74 plus $18.93 for EAJA attorney fees and expenses. There have been no...
REPORT AND RECOMMENDATION H. BRUCE GUYTON, Magistrate Judge. This case is before the undersigned pursuant to 28 U.S.C. 636(b) and Rule 72(b) of the Federal Rules of Civil Procedure, for a report and recommendation regarding disposition of Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act ("EAJA"). [Doc. 31]; see 28 U.S.C. 2412(d). Plaintiff moves the Court to enter an Order awarding attorney fees in the amount of $9,314.75 and expenses of $18.93 under the...
ORDER THOMAS A. VARLAN, Chief District Judge. This civil matter is before the Court on the Report and Recommendation (the "R&R") entered by United States Magistrate Judge H. Bruce Guyton on December 10, 2014 [Doc. 62]. In the R&R, Magistrate Judge Guyton recommends that the Court grant plaintiff's Motion for Award of Attorney's Fees, Costs, & Post-Judgment Interest [Doc. 49]. Magistrate Judge Guyton further recommends that the Court award plaintiff attorneys' fees in the amount of $28,757.50,...
REPORT AND RECOMMENDATION H. BRUCE GUYTON, District Judge. This case is before the undersigned pursuant to 28 U.S.C. 636, the Rules of this Court, and the referral order of the Chief District Judge. I. BACKGROUND On August 7, 2014, the Clerk of Court entered Judgment in favor of the Plaintiff and against Defendant Capital Restoration, Inc., ("Capital Restoration"), in the amount of $3,000,000.00, with an additional award of $410.96 per diem in prejudgment interest from the filing of the...
MEMORANDUM OPINION AND ORDER THOMAS A. VARLAN, Chief District Judge. This criminal case is before the Court on the defendant's Post-Trial Motion for New Trial pursuant to Federal Rule of Criminal Procedure 33 [Doc. 254]. The government has responded in opposition [Doc. 269]. Having reviewed the record and considered the parties' arguments in light of the relevant and controlling law, the defendant's motion will be denied. I. Background The defendant, Joyce E. Allen, was charged in all ten...
ORDER HARRY S. MATTICE, Jr., District Judge. Magistrate Judge Susan K. Lee filed a report and recommendation recommending the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Counts One and Two of the three-count Indictment; (2) accept Defendant's plea of guilty to Counts One and Two of the Indictment; (3) adjudicate Defendant guilty of the charges set forth in Counts One and Two of the Indictment; (4) defer a decision on whether to accept the plea agreement until...
REPORT AND RECOMMENDATION SUSAN K. LEE, Magistrate Judge. Pursuant to 28 U.S.C. 636(b), I conducted a plea hearing in this case on December 2, 2014. At the hearing, defendant moved to withdraw his not guilty plea to Counts One and Two of the three-count Indictment and entered a plea of guilty to Counts One and Two of the Indictment, in exchange for the undertakings made by the government in the written plea agreement. On the basis of the record made at the hearing, I find the defendant is...
Memorandum Opinion PAMELA L. REEVES, District Judge. This matter comes before the Court on the defendants' motion to dismiss [R. 11] and the plaintiff's motion to amend [R. 20]. For the reasons discussed below, the plaintiff's motion to amend will be denied, and the defendants' motion to dismiss will be granted. Rules 8(a) and 12(b)(6) of the Federal Rules of Civil Procedure require the complaint to articulate a plausible claim for relief. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). This...
MEMORANDUM OPINION PAMELA L. REEVES, District Judge. This Social Security appeal is before the Court on the Report and Recommendation filed by United States Magistrate Judge H. Bruce Guyton on December 12, 2014. [R. 15]. There have been no timely objections to the Report and Recommendation, and enough time has passed since the filing of the Report and Recommendation to treat any objections as having been waived. See 28 U.S.C. 636(b)(1); Fed.R.Civ.P. 72(b). After a careful review of the...
