FINDINGS OF FACT AND RECOMMENDATION ON PLEA OF TRUE BEFORE THE UNITED STATES MAGISTRATE JUDGE KEITH F. GIBLIN , Magistrate Judge . Pursuant to 28 U.S.C. 636(b) and the Local Rules for the District Court, Eastern District of Texas, the District Court referred this matter for hearing and the submission of findings of fact and a report and recommendation pursuant to 18 U.S.C. 3401(i) and 3583(e). The United States alleges that the defendant, Jalen Juwan Hardin, violated conditions of...
FINDINGS OF FACT AND RECOMMENDATION ON PLEA OF TRUE BEFORE THE UNITED STATES MAGISTRATE JUDGE KEITH F. GIBLIN , Magistrate Judge . Pursuant to 28 U.S.C. 636(b) and the Local Rules for the District Court, Eastern District of Texas, the District Court referred this matter for hearing and the submission of findings of fact and a report and recommendation pursuant to 18 U.S.C. 3401(i) and 3583(e). The United States alleges that the defendant, Andre Colwell, violated conditions of...
FINDINGS OF FACT AND RECOMMENDATION ON PLEA OF TRUE BEFORE THE UNITED STATES MAGISTRATE JUDGE KEITH F. GIBLIN , Magistrate Judge . Pursuant to 28 U.S.C. 636(b) and the Local Rules for the District Court, Eastern District of Texas, the District Court referred this matter for hearing and the submission of findings of fact and a report and recommendation pursuant to 18 U.S.C. 3401(i) and 3583(e). The United States alleges that the defendant, Clarence Robert Ward, violated conditions of...
FINDINGS OF FACT AND RECOMMENDATION ON PLEA OF TRUE BEFORE THE UNITED STATES MAGISTRATE JUDGE KEITH F. GIBLIN , Magistrate Judge . Pursuant to 28 U.S.C. 636(b) and the Local Rules for the District Court, Eastern District of Texas, the District Court referred this matter for hearing and the submission of findings of fact and a report and recommendation pursuant to 18 U.S.C. 3401(i) and 3583(e). The United States alleges that the defendant, Eddie Lee Dunwoody, Jr., violated conditions...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE KIMBERLY C. PRIEST JOHNSON , Magistrate Judge . Pending before the Court is Defendant Corey Evans' ("Evans") Motion for New Trial (the "Motion") (Dkt. 157). The Government filed a Response (Dkt. 162), Evans filed a Reply (Dkt. 160), the Government filed a Sur-reply (Dkt. 167), and Evans filed a Reply to the Government's Sur-reply (Dkt. 169). As set forth below, the Court finds that the Motion should be DENIED. I. LEGAL...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE KIMBERLY C. PRIEST JOHNSON , Magistrate Judge . Pending before the Court is the Government's request for revocation of Defendant's supervised release. After the District Court referred the matter to this Court for a report and recommendation, the Court conducted a hearing on December 6, 2018, to determine whether Defendant violated his supervised release. Defendant was represented by Denise Benson. The Government was represented...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE KIMBERLY C. PRIEST JOHNSON , District Judge . Pending before the Court is the Government's request for revocation of Defendant's supervised release. After the District Court referred the matter to this Court for a report and recommendation, the Court conducted a hearing on December 11, 2018, to determine whether Defendant violated his supervised release. Defendant was represented by Frank Henderson. The Government was represented...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE KIMBERLY C. PRIEST JOHNSON , Magistrate Judge . Pending before the Court is the Government's request for revocation of Defendant's supervised release. After the District Court referred the matter to this Court for a report and recommendation, the Court conducted a hearing on December 11, 2018, to determine whether Defendant violated his supervised release. Defendant was represented by Frank Henderson. The Government was...
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JEREMY D. KERNODLE , District Judge . The above entitled and numbered civil action was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. 636. On December 10, 2018, the Magistrate Judge issued his Report and Recommendation (Doc. No. 18), recommending that: (1) Plaintiff's Motion to Remand (Doc. No. 9) be denied; (2) Defendant Ms. Faulkner's Rule 12(b)(6) Motion to Dismiss (Doc. No. 11)...
MEMORANDUM OPINION AND ORDER WILLIAM C. BRYSON , UNITED STATES CIRCUIT JUDGE . Before the Court are several motions relating to requests by plaintiff IDB Ventures, LLC, ("IDB") to amend its complaint and infringement contentions in its action against defendant Academy, Ltd. ("Academy"). The various motions are Plaintiff's Opposed Motion for Leave to Amend Complaint Against Academy, Ltd. , Dkt. No. 92, in which IDB sought leave to file its Second Amended Complaint against Academy; IDB...
CLAIM CONSTRUCTION MEMORANDUM OPINION AND ORDER KIMBERLY C. PRIEST JOHNSON , Magistrate Judge . Before the Court is the Opening Claim Construction Brief (Dkt. 58) filed by Plaintiff Dynamic Applet Technologies, LLC ("Plaintiff" or "Dynamic"), the Responsive Claim Construction Brief (Dkt. 63) filed by Defendants PetSmart, Inc., Urban Outfitters, Inc., and Hollister Co. ("Defendants"), 1 and the Reply Claim Construction Brief (Dkt. 65) filed by Plaintiff. Also before the Court is the...
MEMORANDUM OPINION AND ORDER ROY S. PAYNE , Magistrate Judge . On September 5, 2018, Karl Hansen and his attorney Joseph G. Pia appeared before the Court in response to an order to show cause why sanctions should not be imposed under Federal Rule of Civil Procedure 11, 28 U.S.C. 1927, or the Court's inherent powers. Pia included certain statements shown to be materially untruthful in the August 10, 2015 declaration prepared for Hansen and relied upon in Plaintiff's memorandum in...
MEMORANDUM ORDER OVERRULING MOVANT'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARCIA A. CRONE , District Judge . Movant Raul Pineda, an inmate at the Federal Medical Center in Fort Worth, Texas, proceeding pro se, brought this motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. 2255. The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to...
REPORT AND RECOMMENDATION ON PETITION FOR WARRANT FOR OFFENDER UNDER SUPERVISION ZACK HAWTHORN , Magistrate Judge . Pending is a "Petition for Warrant or Summons for Offender Under Supervision" filed October 31, 2018, alleging that the Defendant, Ronald Walker, violated his conditions of supervised release. This matter is referred to the undersigned United States magistrate judge for review, hearing, and submission of a report with recommended findings of fact and conclusions of law. See...
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARCIA A. CRONE , District Judge . The court referred a petition alleging violations of supervised release conditions to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The court has received and considered the Report of the United States Magistrate Judge filed pursuant to such order, along with the record, pleadings and...
ORDER ROBERT W. SCHROEDER, III , District Judge . The Report and Recommendation of the Magistrate Judge, which contains her findings, conclusions and recommendation for the disposition of the complaint has been presented for consideration. Docket No. 12. The Report and Recommendation recommends that Plaintiff's Motion to Dismiss Without Prejudice (Docket No. 11) be granted and the complaint be dismissed without prejudice. See Id. Plaintiff received the Report and Recommendation no later...
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AMOS L. MAZZANT , District Judge . Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. 636. On August 8, 2018, the report of the Magistrate Judge (Dkt. #24) was entered containing proposed findings of fact and recommendations that the above-captioned action be remanded to the 62nd...
MEMORANDUM OPINION AND ORDER AMOS L. MAZZANT , District Judge . This matter is before the Court on Defendants' Motion for Summary Judgment (Dkt. #41). After considering the motion and all relevant pleadings, the Court concludes that Defendants' motion should be denied. BACKGROUND Plaintiff Malcolm Holcombe has filed suit against Advanced Integration Technology ("AIT") and Advanced Integrated Tooling Solution ("AITS") (collectively, "Defendants") for violation of the Age Discrimination...
ORDER ADOPTING FINDINGS OF FACT AND RECOMMENDATION ON DEFENDANT'S GUILTY PLEA MARCIA A. CRONE , District Judge . The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, for administration of a guilty plea under Rule 11 of the Federal Rules of Criminal Procedure. Judge Hawthorn conducted a hearing in the form and manner prescribed by Federal Rule of Criminal Procedure 11 and issued his Findings of Fact and Recommendation on Guilty Plea Before the...
FINDINGS OF FACT AND RECOMMENDATION ON GUILTY PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE ZACK HAWTHORN , Magistrate Judge . By order of the District Court, this matter is referred to the undersigned United States Magistrate Judge for administration of the guilty plea under Rule 11. Magistrate judges have the statutory authority to conduct a felony guilty plea proceeding as an "additional duty" pursuant to 28 U.S.C. 636(b)(3). United States v. Bolivar-Munoz, 313 F.3d 253 , 255 (...
