ORDER WILLIAM J. HAYNES, Jr. , Senior District Judge . Before the Court is the Magistrate Judge's Report and Recommendation (Docket Entry No. 66) to deny Plaintiff Antoine Smith's motion for leave to amend complaint (Docket Entry No. 50). Plaintiff filed an objection (Docket Entry No. 70). The Magistrate Judge concluded that Plaintiff's motion to amend the complaint was untimely, as the scheduling order set a deadline of August 20, 2015 to move to amend the pleadings, but Plaintiff waited...
ORDER WILLIAM J. HAYNES, Jr. , Senior District Judge . Before the Court is the Magistrate Judge's Report and Recommendation (Docket Entry No. 68) to grant Defendant Debra Wagonschutz's motion to dismiss (Docket Entry No. 29). In response, Plaintiff filed a "motion in response to Report and Recommendation" (Docket Entry No. 76). Plaintiff, in essence, asserts that an inadequate grievance procedure establishes a custom and states that such inadequate grievance procedure "has demonstrated...
REPORT AND RECOMMENDATION JOHN S. BRYANT , Magistrate Judge . To: The Honorable John T. Nixon, Senior Judge. This is a civil action filed pursuant to 42 U.S.C. 405(g) and 1383(c), to obtain judicial review of the final decision of the Social Security Administration ("SSA" or "the Administration") denying plaintiff's applications for disability insurance benefits and supplemental security income, as provided under Titles II and XVI of the Social Security Act. The case is currently...
CASE MANAGEMENT ORDER No. 2 WILLIAM J. HAYNES, JR. , District Judge . The jury trial in this action is set for Tuesday, June 27, 2017 at 9:00 a.m. before Judge Haynes. Counsel for the parties shall appear for a Pretrial Conference in this Court on Monday, June 12, 2017 at 3:00 p.m. in the United States Courthouse in Nashville, Tennessee, Courtroom A859. All attorneys who will participate in the trial must appear in person at the final pretrial conference. Pursuant to Fed. R. Civ. P....
MEMORANDUM WILLIAM J. HAYNES, Jr. , District Judge . Movant, Joseph Wolcott, filed this action under 28 U.S.C. 2255 seeking to vacate, set aside, or correct his convictions for drug trafficking, illegal gambling, money laundering, and animal fighting, for which he received a twenty-year mandatory minimum sentence for the drug charges, and a consecutive three-year sentence for the remaining charges. On his ineffective assistance of counsel claims, Movant requests and evidentiary hearing....
ORDER BARBARA D. HOLMES , Magistrate Judge . On December 23, 2015, Silvano Martinez Martinez, assisted by Spanish Interpreter Heather Hays, appeared with counsel, AFPD Holley, and also came the Assistant U.S. Attorney, for an initial appearance on the Complaint issued on December 15, 2015. The defendant was advised of the charges nature of the proceedings, penalties and his rights. Defendant orally moved for the Court to schedule a bond hearing, and it is therefore ORDERED that a bond...
REPORT AND RECOMMENDATION JOE B. BROWN , Magistrate Judge . TO: THE HONORABLE KEVIN H. SHARP For the reasons stated below, the Magistrate Judge recommends that the motion to dismiss (Docket Entry 21) be granted and this case be dismissed under Rule 41 for lack of prosecution and for failure to obey court orders. BACKGROUND The Plaintiff, acting pro se, filed his complaint against Sheriff Andrews and others on December 9, 2013, in forma pauperis (Docket Entry 1). He alleged that he...
MEMORANDUM WILLIAM J. HAYNES, Jr. , Senior District Judge . Petitioner Steven Shivers filed this action seeking the petition for a writ of habeas corpus under 28 U.S.C. 2254 to set aside his state convictions for attempted first degree murder and especially aggravated robbery for which Petitioner received a sentence of forty-three years. In 2009, a Davidson County, Tennessee Criminal Court jury convicted Petitioner of attempted first-degree murder and especially aggravated robbery,...
ORDER WILLIAM J. HAYNES, Jr. , District Judge . Before the Court is the Magistrate Judge's Report and Recommendation (Docket Entry No. 77) on the motion to dismiss filed by Defendants Roger Rochelle, Brandon Iadicicco, Rebecca Millay, Deborah Johnson, and Josh Paschall (Docket Entry No. 47). The Report and Recommendation recommends that Defendants' motion to dismiss be granted as to the claims against Defendant Debra Johnson, but be denied as to the claims against Defendants Roger Rochelle,...
MEMORANDUM WILLIAM J. HAYNES, Jr. , Senior District Judge . Plaintiff, David Frazier, filed this action against the Defendants: Lilly Mack Publishing; H. Xavier Walker, individually and doing business as Mokiah Publishing; Vicki Lataillade; Claude Lataillade; and John Doe. 1 Plaintiff asserts claims under the Copyright Act of 1976, as amended, 17 U.S.C. 101 et seq. , for declaratory relief, copyright infringement, and statutory damages against all Defendants, and contributory...
MEMORANDUM OPINION ALETA A. TRAUGER , District Judge . Before the court are the plaintiff's timely 1 objections (ECF No. 185) to the magistrate judge's October 15, 2015 Report and Recommendation ("October 15 R&R") (ECF No. 181), recommending that the plaintiff's "Motion for Relief from Judgment Pursuant to Rule 60(b)(1) & (b)(6) F.R.Civ.P. and Accept Plaintiff's delayed Objection [sic]" (ECF No. 174) be denied and that all other pending motions be terminated as moot. For the reasons set...
MEMORANDUM OPINION ALETA A. TRAUGER , District Judge . The court having granted the plaintiff's motion for relief from judgment, the court now considers de novo the plaintiff's objections (ECF No. 185) to the magistrate judge's June 9, 2015 Report and Recommendation ("R&R") (ECF No. 145). As set forth herein the court will accept in part and reject in part the R&R. Specifically, the court will reject the recommendation that the claims under 42 U.S.C. 1983 and state law against...
ORDER JOHN T. NIXON , Senior District Judge . Pending before the Court is Plaintiff's Motion for Judgment on the Pleadings ("Motion") (Doc. No. 14), filed with a Memorandum in Support (Doc. No. 15). Defendant Commissioner of Social Security filed a Response opposing Plaintiff's Motion. (Doc. No. 16.) Subsequently, Magistrate Judge Holmes issued a Report and Recommendation ("Report") recommending that the Motion be granted and that this case be remanded pursuant to sentence four of 42 U.S....
REPORT AND RECOMMENDATION BARBARA D. HOLMES , Magistrate Judge . To: The Honorable John T. Nixon, Senior District Judge Plaintiff filed this action pursuant to 42 U.S.C. 405(g) to obtain judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying Plaintiff's claim for a period of disability and Disability Insurance Benefits ("DIB"), as provided by the Social Security Act ("the Act"). The case is currently pending on Plaintiff's motion for...
ORDER TODD J. CAMPBELL , District Judge . Pending before the Court are a Report and Recommendation of the Magistrate Judge (Docket No. 16) and Objections filed by the Defendant (Docket No. 19). Pursuant to 28 U.S.C. 636(b)(1), Fed. R. Civ. P. 72(b)(3) and Local Rule 72.03(b)(3), the Court has reviewed de novo the Report and Recommendation, the Objections, and the file. The Objections of the Defendant are overruled, and the Report and Recommendation is adopted and approved. Defendant...
ORDER ALETA A. TRAUGER , District Judge . On August 17, 2015, the magistrate judge issued a Report and Recommendation (DE #104), to which the pro se plaintiff has filed timely objections (Docket No. 108). The magistrate judge recommends that this entire action be dismissed as frivolous pursuant to 28 U.S.C. 1915(e)(2)(B)(I). When a magistrate judge issues a report and recommendation regarding a dispositive pretrial matter, the district court must review de novo any portion of the...
ORDER BARBARA D. HOLMES , Magistrate Judge . On December 21, 2015, the Court held a conference call with all counsel in this case, and at which time all counsel requested, and consented to have the undersigned Magistrate Judge conduct a settlement conference. The parties agreed to conduct the settlement conference on Wednesday, February 17, 2016. A pre-settlement conference telephone conference with counsel only is scheduled for Friday, February 12, 2016, at 1:00 p.m. to be initiated...
MEMORANDUM OPINION ALETA A. TRAUGER , District Judge . Petitioner Sentoryia Young, a state prisoner serving a sentence of life without the possibility of parole for second degree murder as a repeat violent offender, has filed a pro se petition and amended petition under 28 U.S.C. 2254 for the writ of habeas corpus (ECF Nos. 1, 2), which were followed by the appointment of counsel (ECF No. 15) and counsel's filing of the operative second amended petition (ECF No. 30). The respondent...
ORDER ALETA A. TRAUGER , District Judge . Petitioner Sentoryia Young filed this action seeking the writ of habeas corpus under 28 U.S.C. 2254. The operative petition is the second amended petition filed by his appointed counsel. (ECF No. 30.) The respondent has filed an answer and copies of the state court record (ECF Nos. 33 and 34), and the petitioner has filed a reply (ECF No. 71) and two supplemental pleadings with additional portions of the state court record (ECF Nos. 72, 73.) As...
REPORT AND RECOMMENDATION BARBARA D. HOLMES , Magistrate Judge . TO: Honorable Aleta A. Trauger, District Judge By Order entered October 9, 2015 (Docket Entry No. 8), the Court referred this pro se action to the Magistrate Judge to enter a scheduling order for management of the case, to dispose or recommend disposition of any pretrial motions under 28 U.S.C. 636(b)(1)(A) and (B), and to conduct further proceedings, if necessary, under Rule 72(b) of the Federal Rules of Civil...
