MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL B. JANICE ELLINGTON , Magistrate Judge . A detention hearing has been held in accordance with the Bail Reform Act, 18 U.S.C. 3142(f). The following requires detention of the Defendant pending trial in this case: (1) There is a serious risk that the Defendant will not appear; and (2) There is a serious risk that the Defendant will endanger the safety of another person or the community. The evidence against the Defendant meets the...
MEMORANDUM OPINION AND ORDER GEORGE C. HANKS, Jr. , District Judge . The petitioner, Reidie James Jackson (TDCJ #01164177), is a state inmate incarcerated in the Texas Department of Criminal Justice — Correctional Institutions Division ("TDCJ"). He has filed two petitions for federal writs of habeas corpus under 28 U.S.C. 2254 (Case Nos. 3:16-CV-82 and 3:16-CV-170). Each petition challenges a state court felony conviction that was entered against Jackson in 1999; Jackson pled guilty to...
MEMORANDUM OPINION AND ORDER GEORGE C. HANKS, Jr. , District Judge . State inmate Matthew Leslie Hull (TDCJ #00173761) has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. 2254. The Respondent has filed a motion to dismiss (Dkt. 12) accompanied by the relevant state-court records (Dkt. 10), to which Hull has responded (Dkt. 13 and Dkt. 16). After reviewing all of the pleadings, the record, and the applicable law, the Court agrees with the Respondent and concludes...
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ROLANDO OLVERA , District Judge . This case concerns alleged violations of the Administrative Procedure Act (hereafter "APA"). Daniel E. Davis and Cascabel Cattle Company (collectively "Plaintiffs") allege their rights have been violated through implementation of the Fever Tick Eradication Program (hereafter "the Program"), a cooperative effort between the United States and Texas to eliminate bovine babesiosis from the U.S....
MEMORANDUM AND RECOMMENDATION FRANCES H. STACY , Magistrate Judge . Before the Magistrate Judge upon referral from the District Judge is Defendant's Motion for Summary Judgment (Document No. 24). Having considered the motion, the response, the additional briefing, Plaintiff's claims, and the insurance policy at issue in this case, the undersigned concludes that Defendant Liberty Insurance Company is not entitled to summary judgment on Plaintiff's claims and that Defendant's Motion for...
MEMORANDUM AND RECOMMENDATION STEPHEN WM SMITH , Magistrate Judge . This petition for writ of habeas corpus filed pursuant to 28 U.S.C. 2254 has been referred to this magistrate judge for report and recommendation (Dkt. 4). The court recommends respondent's motion for summary judgment be granted and the petition be denied with prejudice. Background On August 23, 2013, petitioner Beattie pled guilty to three crimes in the 351st District Court of Harris County, Texas: possession of...
ORDER HAYDEN HEAD , Senior District Judge . Joseph Leon Sharpe filed a letter motion seeking jail credit for the period during which he was in federal custody beginning March 30, 2001, and continuing through November 13, 2001. D.E. 70. Sharpe was indicted on March 14, 2001, for possession with intent to distribute a controlled substance, less than 50 grams of methamphetamine. D.E. 1. He was writted into federal custody and made his initial appearance in federal court on March 30, 2001. D....
MEMORANDUM OPINION AND ORDER KEITH P. ELLISON , District Judge . Defendant, a federal inmate proceeding pro se, filed this section 2255 motion challenging his conviction. (Docket Entry No. 227.) The Government filed a motion for summary judgment (Docket Entry No. 234), to which Defendant filed a response without serving a copy on the Government (Docket Entry No. 238). 1 Based on consideration of the motions, the record, and the applicable law, the Court GRANTS the motion for summary...
MEMORANDUM AND RECOMMENDATION NANCY K. JOHNSON , Magistrate Judge . Pending before the court 1 are Maria Rosana Rubi's ("Rubi") Motion for Judgment on the Pleadings (Doc. 35), Nicolas Medina, individually, ("Nicolas Medina") and doing business as ("dba") Medina Tree Services' ("Medina Tree Services") (collectively "Medina") Motion for Summary Judgment (Doc. 45), and Medina's Supplemental Motion for Summary Judgment (Doc. 58). The court has considered the motions, the responses, the...
MEMORANDUM AND RECOMMENDATION ON ATTORNEY'S FEES NANCY K. JOHNSON , Magistrate Judge . Pending before the court is Plaintiff's Motion for Attorney's Fees (Doc. 14) and the responses filed thereto. For the reason stated below, it is RECOMMENDED that Plaintiff's motion be GRANTED . I. Procedural Background On August 12, 2015, Plaintiff filed this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3) for judicial review of an unfavorable decision by the Commissioner of the Social...
Opinion on Debt and Truculence LYNN N. HUGHES , District Judge . 1. Introduction. A hospital waived patient fees and paid kickbacks to referring physicians. In three years it billed more than $86.2 million to an insurer. Because the hospital's dishonest bills and illegal payments tricked the insurer into overpaying claims, the insurer can elect to take one of three remedies. 2. Background. Humble Surgical Hospital, LLC, is a five-bed hospital in Humble, Texas. Since it opened in...
ORDER OF DISMISSAL GRAY H. MILLER , District Judge . Petitioner, a state inmate proceeding pro se, filed this section 2254 habeas petition challenging the execution of his sentence. He claims that the Texas Board of Pardons and Paroles ("the Board") denied him due process by not providing the particulars for its decision to deny him parole. According to petitioner, he has a federal 14th Amendment due process right to receive notice of the particular reasons he was denied parole. He...
ORDER OF DISMISSAL GRAY H. MILLER , District Judge . Plaintiff, a former state inmate, files this pro se section 1983 lawsuit seeking monetary damages against William Stephens 1 and the Texas Board of Pardons and Paroles ("the Board") for the denial of his release to mandatory supervision. The lawsuit will be dismissed for the reasons that follow. 2 The Court reasonably construes plaintiff's complaint as raising claims against the defendants for the Board's denial of his release to...
JOINT STIPULATION OF PREJUDICIAL DISMISSAL GRAY H. MILLER , District Judge . In accordance with the requirements of Fed. R. Civ. P. 41(a)(1)(ii), all parties to the above-styled and numbered action jointly stipulate to prejudicial dismissal of Plaintiff's claims based upon the following: Plaintiff and Defendant have consented to the request for prejudicial dismissal of all claims. All fees and expenses associated with this action shall be borne by the party incurring same, and neither...
MEMORANDUM OPINION AND ORDER SIM LAKE , District Judge . Defendant, Zebadiah Jerome Comb, has filed a Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence By a Person in Federal Custody (Docket Entry No. 253) and a Memorandum of Law in Support of 28 U.S. C. 2255 (Docket Entry No. 254) . The United States has filed a Motion for Summary Judgment and Answer to Motion Under 28 U.S.C. 2255 (Docket Entry No. 284). 1 For the reasons explained below, the government's...
MEMORANDUM AND ORDER NANCY F. ATLAS , District Judge . Before the Court in this insurance coverage case are two issues raised by the parties since the Court issued its Amended Memorandum and Order on September 29, 2016 [Doc. # 109] ("Amended M&O"), 1 granting summary judgment on most issues presented by the parties. Familiarity with the detailed facts set forth in the Court's Amended Memorandum and Order are assumed and detail is explained below only as needed for legal analysis. I....
MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL B. JANICE ELLINGTON , Magistrate Judge . A detention hearing has been held in accordance with the Bail Reform Act, 18 U.S.C. 3142(f). The following requires detention of the Defendant pending trial in this case: (1) There is a serious risk that the Defendant will not appear; and (2) There is a serious risk that the Defendant will endanger the safety of another person or the community. The evidence against the Defendant meets the...
ORDER ALFRED H. BENNETT , District Judge . The United States Bankruptcy Court has recommended the withdrawal of the reference in this adversary proceeding in order to provide Defendants with a jury trial. As recommended, the Court will conduct any necessary jury trial and declines to withdraw the reference until all pretrial matters are concluded and the adversary proceeding is ready for trial. Accordingly, it is hereby ORDERED that the reference to the Bankruptcy Court remains in effect...
ORDER KEITH P. ELLISON , District Judge . Pending before the Court are Defendant's Motion to Extend Defendant's Deadline to File Response in Opposition to Plaintiffs' Application for Attorneys' Fees and Costs (Doc. No. 38) and Plaintiffs' Motion to Strike Defendant's Late Response in Opposition to Plaintiffs' Application for Attorney's Fees (Doc. No. 40). IT IS HEREBY ORDERED that Plaintiffs' Motion to Strike (Doc. No. 40) is DENIED. Plaintiffs may file a reply in support of their...
ORDER GEORGE C. HANKS, Jr. , District Judge . Plaintiff George Edward Tustin, Jr. (TDCJ #00443411), an inmate in the custody of the Texas Department of Criminal Justice — Correctional Institutions Division ("TDCJ"), filed a pro se civil rights complaint under 42 U.S.C. 1983 and Texas state law alleging that he was denied dental care in violation of his Constitutional rights. On September 29, 2016, the Court dismissed Tustin's federal claims under 28 U.S.C. 1915(e)(2)(B) for failure...
