ORDER OF DISMISSAL KEITH P. ELLISON , District Judge . Petitioner, a state inmate proceeding pro se, filed this section 2254 habeas petition challenging his parole revocation. A review of public records for the federal district courts shows that petitioner's habeas petition challenging this same parole revocation is pending in the San Antonio Division of the Western District of Texas under McBride v. Davis, C.A. No. 5:17-cv-01262-FB-ESC (W.D. Tex.). Respondent was ordered to respond to...
Opinion on Summary Judgment LYNN N. HUGHES , District Judge . 1. Introduction. A group of oil businesses agreed to develop prospects in an area cooperatively and to offer to share newly acquired interests in the area among themselves. One company acquired another's interests in the area but did not offer a share to the other participants. They sued, claiming that the acquirer had breached the agreement. The acquirer said that it did not breach the agreement and, even if it had, the...
Opinion on Personal Liability LYNN N. HUGHES , District Judge . 1. Introduction. A laboratory billed the people of the United States of America $10.6 million in travel expenses that it did not incur. This court decided that the United States could recoup its money from the laboratory. It wants to recover from the laboratory's president, too. He says that he should not be held personally liable. The government prevails. 2. Background. Karim Maghareh and his wife, Farzaneh Rajabi,...
MEMORANDUM OPINION AND ORDER GEORGE C. HANKS, JR. , District Judge . The petitioner, Glenn Lloyd Kingham (TDCJ #01995131), seeks a federal writ of habeas corpus under 28 U.S.C. 2254 to challenge a state court misdemeanor conviction that was entered against him in 2014. After reviewing all of the pleadings and the applicable law under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, the Court concludes that this case must be DISMISSED for the...
ORDER ALFRED H. BENNETT , District Judge . Jarrod Flaming, representing himself, sues Alvin Community College, complaining of violations of the Americans with Disabilities Act and the Rehabilitation Act. On October 26, 2017, this Court denied Flaming's motion to have the case reassigned to a different judge. (Docket Entry No. 16). Flaming has filed a second motion to have the case reassigned to a different judge, (Docket Entry No. 18), in which he again complains that the undersigned...
ORDER GRANTING UNOPPOSED MOTION TO EXTEND DAUBERT DEADLINE NELVA GONZALES RAMOS , District Judge . ON THIS DAY, the court having considered Plaintiff's Unopposed Motion to Extend Daubert Deadline, any response thereto, and arguments of counsel, is of the opinion that this Motion should be GRANTED. Therefore it is, ORDERED, ADJUDGED, and DECREED that the Plaintiff's Unopposed Motion to Extend Daubert Deadlines is hereby GRANTED; the following deadlines are extended as per below:...
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION SIM LAKE , District Judge . Having reviewed the Magistrate Judge's Memorandum and Recommendation dated November 13, 2017, the court is of the opinion that said Memorandum and Recommendation should be adopted by this court. It is, therefore, ORDERED that the Memorandum and Recommendation is hereby ADOPTED by this court. The Clerk shall send copies of this Order to the respective parties. FootNotes 1. Carolyn W....
MEMORANDUM AND OPINION LEE H. ROSENTHAL , Chief District Judge . The plaintiff, Pamela Diann Wilburn-Hawkins (also known as Pamela Diann Wilburn), is a former state inmate who is presently on supervised release. Wilburn-Hawkins has filed a civil rights complaint under 42 U.S.C. 1983, seeking monetary damages from the Texas Department of Criminal Justice (TDCJ) Parole Division and three parole officials. She is representing herself and has been granted leave to proceed without prepaying...
MEMORANDUM AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FRANCES H. STACY , Magistrate Judge . Before the Court 1 in this social security appeal is Plaintiff's Motion for Summary Judgment (Document No. 15) and Defendant's Cross Motion for Summary Judgment and Memorandum of Law in Support (Document No. 16). After considering the cross motions for summary judgment, Defendant's Response to Plaintiff's Motion for Summary...
ORDER ADOPTING RECOMMENDATION OF THE MAGISTRATE JUDGE EWING WERLEIN, JR. , District Judge . Pending is the Government's Response and Motion for Summary Judgment (Document No. 62) and Osman Castillo's 28 U.S.C. 2255 Motion to Vacate, Set Aside or Correct Sentence (Document No. 57). The Court has received from the Magistrate Judge a Memorandum and Recommendation recommending that the Government's Motion for Summary Judgment be GRANTED, and that Castillo's Motion to Vacate, Set Aside or...
ORDER ADOPTING RECOMMENDATION OF THE MAGISTRATE JUDGE EWING WERLEIN, JR. , District Judge . Pending is Respondent's Motion for Summary Judgment (Document No. 31) against Petitioner's Federal Application for Writ of Habeas Corpus (Document No. 1). The Court has received from the Magistrate Judge a Memorandum and Recommendation recommending that Respondent's Motion for Summary Judgment be GRANTED, and that Petitioner's Application for Writ of Habeas Corpus be DENIED and DISMISSED without...
ORDER ADOPTING RECOMMENDATION OF THE MAGISTRATE JUDGE EWING WERLEIN, JR. , District Judge . Pending is Respondent's Motion for Summary Judgment (Document No. 11) against Petitioner's Federal Application for Writ of Habeas Corpus (Document No. 1). The Court has received from the Magistrate Judge a Memorandum and Recommendation recommending that Respondent's Motion for Summary Judgment be GRANTED, and that Petitioner's Application for Writ of Habeas Corpus be DENIED and DISMISSED with...
ORDER ADOPTING RECOMMENDATION OF THE MAGISTRATE JUDGE EWING WERLEIN, JR. , District Judge . Pending is the Government's Response (Document No. 56) to Charles Paul Rickman's Motion under 28 U.S.C. 2255 to Vacate, Set Aside or Correct Sentence (Document No. 40). The Court has received from the Magistrate Judge a Memorandum and Recommendation recommending that Rickman's Motion to Vacate, Set Aside or Correct Sentence be DENIED and DISMISSED as time-barred. No objections have been filed to...
ORDER ADOPTING RECOMMENDATION OF THE MAGISTRATE JUDGE EWING WERLEIN, JR. , District Judge . Pending is the Government's Motion for Summary Dismissal (Document No. 53) and Joshua M. Joseph's Motion under 28 U.S.C. 2255 to Vacate, Set Aside or Correct Sentence (Document No. 43). The Court has received from the Magistrate Judge a Memorandum and Recommendation recommending that the Government's Motion for Summary Dismissal be GRANTED, and that Joseph's Motion to Vacate, Set Aside or Correct...
ORDER ADOPTING RECOMMENDATION OF THE MAGISTRATE JUDGE EWING WERLEIN, JR. , District Judge . Pending is the Government's Motion to Dismiss (Document No. 57) Jonathan Keith Senteno's Motion under 28 U.S.C. 2255 to Vacate, Set Aside or Correct Sentence (Document No. 40). The Court has received from the Magistrate Judge a Memorandum and Recommendation recommending that the Government's Motion to Dismiss be GRANTED, and that Senteno's Motion to Vacate, Set Aside or Correct Sentence be DENIED...
MEMORANDUM OPINION AND ORDER GEORGE C. HANKS, JR. , District Judge . This is a habeas proceeding brought by a person in state custody. The petitioner, Sank Mark Brown (TDCJ #00778873), is a state inmate incarcerated in the Texas Department of Criminal Justice — Correctional Institutions Division ("TDCJ"). In this petition, Brown challenges the retroactive application of a Texas Government Code provision addressing the frequency with which the Texas Board of Pardons and Paroles is required...
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION HAYDEN HEAD , District Judge . On November 22, 2017, United States Magistrate Judge B. Janice Ellington issued her "Memorandum and Recommendation" on Defendants' motion for summary judgment. D.E. 27. The parties were provided proper notice and an opportunity to object to the Magistrate Judge's Memorandum and Recommendation. Fed. R. Civ. P. 72(b); 28 U.S.C. 636(b)(1). When no timely objection to a magistrate judge's memorandum and...
FINAL JUDGMENT ALFRED H. BENNETT , District Judge . For the reasons set forth in the Court's Memorandum and Order of even date, this case is DISMISSED without prejudice. This is a FINAL JUDGMENT.
MEMORANDUM AND OPINION VANESSA D. GILMORE , District Judge . Michael Geoffrey Peters, an inmate of the Texas Department of Criminal Justice — Correctional Institutions Division, sued in December 2017, seeking a writ of mandamus against the Texas Court of Criminal Appeals. Peters explains that he filed a petition for a writ of habeas corpus on May 8, 2017. Though Peters names the State of Texas as the respondent, Peters seeks an order compelling the Texas Court of Criminal Appeals to...
MEMORANDUM AND ORDER ALFRED H. BENNETT , District Judge . The petitioner, Robert Kevin Boulds, seeks a writ of habeas corpus to challenge a state court judgment under 28 U.S.C. 2254. He has also filed a motion for leave to proceed in forma pauperis. After considering all of the pleadings, and the applicable law, the Court dismisses this case for reasons that follow. I. Background Boulds is currently incarcerated in the Texas Department of Criminal Justice — Correctional Institutions...
