FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE REBECCA RUTHERFORD , Magistrate Judge . Petitioner Johnny Ray Walker, a Texas prisoner, filed a pro se petition for a writ of habeas corpus under 28 U.S.C. 2254. For the following reasons, the petition should be denied. I. Petitioner challenges his conviction for murder. State of Texas v. Johnny Ray Walker, No. F-1360285-Y (7th Dist. Ct., Dallas County, Tex., September 18, 2014). In 2014, a jury found...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE REBECCA RUTHERFORD , Magistrate Judge . Petitioner Joe Lewis, a Texas prisoner, filed a pro se petition for a writ of habeas corpus under 28 U.S.C. 2254. The district court referred the resulting civil action to the United States magistrate judge, pursuant to 28 U.S.C. 636(b) and a standing order of reference. For the following reasons, the petition should be denied. I. In December 2014, a jury...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION IRMA CARRILLO RAMIREZ , Magistrate Judge . By standing order of reference dated May 29, 2018 (doc. 5), this pro se case has been referred for full case management, including the determination of non-dispositive motions and issuance of findings of fact and recommendations on dispositive motions. Before the Court is Defendant's Motion to Dismiss for Failure to State a Claim & Defendant's Motion for Judgment on the Pleadings, filed July 26, 2018 (...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE REBECCA RUTHERFORD , Magistrate Judge . Before the Court is Defendant AT&T Mobility Services, LLC's Motion to Dismiss with Prejudice Pursuant to Federal Rules of Civil Procedure 37 and 41 (ECF No. 35), in this pro se civil action brought under the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12101 et seq. Defendant asks the Court to dismiss Plaintiff Kyle Jones's claims with prejudice for failure...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION IRMA CARRILLO RAMIREZ , Magistrate Judge . By Order of Reference, filed June 19, 2018 (doc. 28), before the Court for recommendation is Defendant City of Dallas's Motion to Dismiss Plaintiff's Amended Federal Complaint and Brief in Support, filed June 14, 2018 (doc. 27). Based on the relevant filings and applicable law, the motion should be GRANTED. I. BACKGROUND Lydia M. Gaines (Plaintiff) sues her employer, the City of Dallas (Defendant),...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE REBECCA RUTHERFORD , Magistrate Judge . Petitioner Marcos Moseley, a Texas prisoner, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. 2254. For the following reasons, the petition should be dismissed as barred by the statute of limitations. I. Petitioner challenges his 2007 conviction for murder and resulting life sentence. State of Texas v. Macros O. Moseley, No. F06-71752-RL (...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION IRMA CARRILLO RAMIREZ , Magistrate Judge . By Special Order 3-251, this habeas case has been automatically referred for findings, conclusions, and recommendation. Before the Court is the petitioner's correspondence, received on December 11, 2018 (doc. 18). Based on the relevant filings and applicable law, the filing should be construed as a motion to alter or amend the judgment under Fed. R. Civ. P. 59(e) and DENIED. I. BACKGROUND On...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE REBECCA RUTHERFORD , Magistrate Judge . Before the Court in this pro se 1983 civil rights case is a Rule 12(b)(6) motion to dismiss filed by Defendants the City of Dallas, Texas, the Dallas Police Department, and Dallas Police Officers Alexander Zabriskie, Sean Robinson, Ryan Cordova, and Jon Lumbley. For the reasons stated, the District Court should GRANT Defendants' motion (ECF No. 7). Background In...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE DAVID L. HORAN , Magistrate Judge . Petitioner William R. Denver, a Texas inmate, filed a pro se application for writ of habeas corpus under 28 U.S.C. 2254. See Dkt. No. 3. This resulting action has been referred to the undersigned United States magistrate judge for pretrial management under 28 U.S.C. 636(b) and a standing order of reference from United States District Judge Ed Kinkeade. The State filed...
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE REBECCA RUTHERFORD , Magistrate Judge . Movant Kim Joe Graves, a federal prisoner, filed a pro se motion to vacate, set-aside, or correct sentence under 28 U.S.C. 2255. The district court referred the resulting civil action to the United States magistrate judge pursuant to 28 U.S.C. 636(b) and a standing order of reference. For the following reasons, the magistrate judge recommends that the motion be...
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE REN E HARRIS TOLIVER , Magistrate Judge . Pursuant to District Judge Karen Gren Scholer's Order of Reference, Doc. 50, and 28 U.S.C. 636(b), Plaintiff David O'Donnell's Plaintiff's Request for Entry of Default Judgment against Defendant Juan Pablo Zavala Diaz, Doc. 43, has been referred to the United States magistrate Judge for findings and a recommended disposition. For the reasons that follow, Plaintiff's...
FINDINGS CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE REN E HARRIS TOLIVER , Magistrate Judge . Pursuant to 28 U.S.C. 636(b) and Special Order 3, this case has been referred to the undersigned United States magistrate judge for pretrial management, including issuing findings and recommended disposition of Defendants' Motion for Summary Judgment. Doc. 13. As stated here, the motion should be GRANTED. A. Procedural History Plaintiff initiated this action in...
REPORT OF ACTION AND RECOMMENDATION ON PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE JEFFREY L. CURETON , Magistrate Judge . This Report of Action on Plea is submitted to the court pursuant to 28 U.S.C. 636(b)(3). This case has been referred by the United States district judge to the undersigned for the taking of a guilty plea. The parties have consented to appear before a United States magistrate judge for these purposes. The defendant appeared with counsel before the undersigned...
REPORT OF ACTION AND RECOMMENDATION ON PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE JEFFREY L. CURETON , Magistrate Judge . This Report of Action on Plea is submitted to the court pursuant to 28 U.S.C. 636(b)(3). This case has been referred by the United States district judge to the undersigned for the taking of a guilty plea. The parties have consented to appear before a United States magistrate judge for these purposes. The defendant appeared with counsel before the undersigned...
REPORT OF ACTION AND RECOMMENDATION ON PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE JEFFREY L. CURETON , Magistrate Judge . This Report of Action on Plea is submitted to the court pursuant to 28 U.S.C. 636(b)(3). This case has been referred by the United States district judge to the undersigned for the taking of a guilty plea. The parties have consented to appear before a United States magistrate judge for these purposes. The defendant appeared with counsel before the undersigned...
REPORT OF ACTION AND RECOMMENDATION ON PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE JEFFREY L. CURETON , Magistrate Judge . This Report of Action on Plea is submitted to the court pursuant to 28 U.S.C. 636(b)(3). This case has been referred by the United States district judge to the undersigned for the taking of a guilty plea, The parties have consented to appear before a United States magistrate judge for these purposes. The defendant appeared with counsel before the undersigned...
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RENEE HARRIS TOLIVER , District Judge . Pursuant to 28 U.S.C. 636(b) and the District Judge's Order of Reference, this case is before the United States Magistrate Judge for findings and recommendation regarding whether the untimely filing of Defendant's pro se notice of appeal was due to excusable neglect or good cause. Doc. 53. For the reasons that follow, the Court finds Defendant has shown good cause for...
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RENEE HARRIS TOLIVER , Magistrate Judge . Pursuant to 28 U.S.C. 636(b) and Special Order 3, Movant Wendy Renee Neal's pro se motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255 was referred to the United States Magistrate Judge for a recommended disposition. The Court subsequently appointed counsel and held an evidentiary hearing on the claim that defense counsel provided ineffective...
FINDINGS CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RENEE HARRIS TOLIVER , Magistrate Judge . Pursuant to 28 U.S.C. 636(b) and the District Judge's Order of Referral, Doc. 197, this case was referred to the United States magistrate judge for pretrial management. Defendants have filed a Joint Motion to Dismiss the Pro Se Plaintiffs. Doc. 271. Specifically, Defendants seek dismissal with prejudice of the claims of 18 Plaintiffs: Carlos Alvarez Castro; Juan...
REPORT OF ACTION AND RECOMMENDATION ON PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE JEFFREY L. CURETON , Magistrate Judge . This Report of Action on Plea is submitted to the court pursuant to 28 U.S.C. 636(b)(3). This case has been referred by the United States district judge to the undersigned for the taking of a guilty plea. The parties have consented to appear before a United States magistrate judge for these purposes. The defendant appeared with counsel before the undersigned...
