U.S. District Courts - Arkansas ©   Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationBankruptcyCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnergyFinance & BankingGovernment BenefitsHealth & MedicineInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsPension & Retirement BenefitsTransportation UNITED STATES of America, Plaintiff v. David Eugene NICKLAS, Defendant. , W.D.Ark., November 18, 2009 Wendy L. Johnson, U.S. Attorney's Office, Fort Smith, AR, for Plaintiff. Bruce D. Eddy, Federal Public Defender, Fayetteville, AR, for Defendant. ORDER JIMM LARRY HENDREN, District Judge. NOW on this 18th day of November 2009, comes on for consideration the Report and Recommendation (document # 34) of the Honorable Erin L. Setser, United States Magistrate Judge, filed on October 27, 2009, and Defendant David Eugene Nicklas's objections thereto (document # 36). 1. The Court, being well... GRANJAS AQUANOVA S.A. de c.v., a Mexican Corporation, Plaintiff v. HOUSE MANUFACTURING COMPANY, INC.; John Does 1-10; ABC Entities 1-10; and ECS House Industries, Inc., Defendants. , E.D.Ark., November 18, 2009 Andrew H. Dallas, Barry Deacon, Barrett & Deacon, P.A., Jonesboro, AR, Eric D. Gere, James O. Ehinger, Jennings, Strouss & Salmon, P.L.C., Phoenix, AZ, for Plaintiff. Michael J. Emerson, John Carter Fairley, Barber, McCaskill, Jones & Hale, P.A., Little Rock, AR, R. Alan Cline, Sharpe, Beavers, Cline, and Wright, Forrest City, AR, for Defendants. ORDER BRIAN S. MILLER, District Judge. Plaintiff Granjas Aquanova S.A. de C.V. ("Granjas") requests leave to file an amended complaint to add ... Burnice POWELL and Susan Lacaze, Plaintiffs v. STATE FARM FIRE & CASUALTY INSURANCE COMPANY, Defendant. , W.D.Ark., November 17, 2009 Jim R. Jackson, Jackson Law Firm, Little Rock, AR, for Plaintiffs. James W. Tilley, Staci Dumas Carson, Watts, Donovan and Tilley, Little Rock, AR, for Defendant. ORDER HARRY F. BARNES, District Judge. Before this Court is a Motion to Remand filed by Plaintiffs Burnice Powell and Susan Lacaze. (Doc. 6). Defendant State Farm Fire & Casualty Insurance Company has responded. (Doc. 9). Plaintiff filed a Reply to Response of Defendant's opposition for remand. (Doc. 11). The Court finds this m... FALCON STEEL, INC., Plaintiff v. J. RUSSELL FLOWERS, INC.; US Technology Marine Services, LLC; and JP Morgan Chase Bank, N.A., Defendants and Rogers Industrial, Inc., Intervenor. , W.D.Ark., November 17, 2009 MEMORANDUM OPINION JIMM LARRY HENDREN, District Judge. On the 3rd day of November, 2009, the captioned matter came on for trial to the Court. All parties appeared and were represented by counsel, with the exception of JP Morgan Chase Bank, N.A., which had settled with the plaintiff. The parties announced ready for trial, whereupon testimony was taken, documentary evidence received, and arguments of counsel heard. From all the foregoing, the Court finds and orders as follows: FINDINGS OF FAC... Nadine McCLELLAND, Plaintiff v. Michael J. ASTRUE, Commissioner Social Security Administration, Defendant. , W.D.Ark., November 17, 2009 Mildred M. Cazort, Cazort Law Firm, Fayetteville, AR, for Plaintiff. Claude S. Hawkins, Jr., U.S. Attorney's Office, Fort Smith, AR, for Defendant. JUDGMENT JIMM LARRY HENDREN, District Judge. Now on this 17th day of November 2009, comes on for consideration the Magistrate Judge's Report and Recommendation, dated October 29, 2009 (document # 8), by the Honorable Erin L. Setser, United States Magistrate Judge for the Western District of Arkansas. Ten (10) days have passed without objectio... SOUTHERN BANCORP BANK, N.A., Plaintiff v. BAYER CROPSCIENCE LP d/b/a Bayer Cropscience and Bayer Cropscience Holding Inc. d/b/a Bayer Cropscience, Defendants. , E.D.Ark., November 17, 2009 John Polk Talbot, Joseph A. Strode, Bridges, Young, Matthews & Drake, Pine Bluff, AR, for Plaintiff. Edwin L. Lowther, Jr., Stephen R. Lancaster, Wright, Lindsey & Jennings, Little Rock, AR, for Defendants. OPINION AND ORDER J. HOLMES, District Judge. The plaintiff, Southern Bancorp Bank, N.A. ("Bancorp"), filed a complaint in the Circuit Court of Phillips County, Arkansas, against Bayer CropScience LP and Bayer CropScience Holding Inc. (collectively "BCS") for conversion and violations ... NUCOR CORPORATION, Plaintiff/Counterdefendant v. J. BAKER & ASSOCIATES, INC., Defendant/Counterclaimant/Third Party Plaintiff v. Nucor-Yamato Steel Co., Third Party Defendant. , E.D.Ark., November 17, 2009 John A. Fagg, Jr., Scott M. Tyler, Moore & Van Allen PLLC, Charlotte, NC, Robert L. Coleman, Reid, Burge, Prevallet & Coleman, Blytheville, AR, for Plaintiff/Counterdefendant. Brooks Christopher White, H. William Allen, Kevin M. Lemley, Allen Law Firm, Little Rock, AR, for Defendant/Counterclaimant/Third Party Plaintiff. ORDER JAMES M. MOODY, District Judge. Pending are the Motions for Partial Summary Judgment filed by Nucor- Yamato Steel Company ("NYS") and Nucor Corporation ("Nucor"), ... Keith D. BREWER, Plaintiff v. Bruce PENNINGTON, et al., Defendants. , E.D.Ark., November 17, 2009 Keith D. Brewer, Grady, AR, pro se. ORDER WM. R. WILSON, JR., District Judge. The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. After careful review of the Recommended Disposition, the timely objections received thereto, as well as a de novo review of the record, the Court concludes that the Recommended Disposition should be, and hereby is, approved and adopted as this Court's findings in all respects in its entirety. Plaintiff's Complaint (docket entry... Vernist McCRANEY, Plaintiff v. Connie EFIRD et al., Defendants. , E.D.Ark., November 17, 2009 Jesse L. Kearney, Cross & Kearney, PLLC, Pine Bluff, AR, for Plaintiff. Hester I. Criswell, Arkansas Attorney General's Office, Little Rock, AR, Alan R. Humphries, Humphries & Lewis, White Hall, AR, for Defendants. ORDER J. LEON HOLMES, District Judge. The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young. No objections have been filed. After careful consideration, the Court concludes that the Proposed Finding... Rosendo MARTINEZ, Jr., # 33908, Plaintiff v. Harry LAPPIN et al., Defendants. , E.D.Ark., November 17, 2009 Rosendo Martinez, Jr., Bismarck, ND, pro se. Gwendolyn Dewees Hodge, U.S. Attorney's Office, Little Rock, AR, for Defendants. ORDER J. LEON HOLMES, District Judge. The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their ent... Michael E. DAVIS, Plaintiff v. Michael J. ASTRUE, Commissioner Social Security Administration, Defendant. , W.D.Ark., November 16, 2009 Lawrence W. Fitting, Lawrence W. Fitting, P.A., Fort Smith, AR, for Plaintiff. Mark W. Webb, U.S. Attorney's Office, Fort Smith, AR, for Defendant. ORDER ROBERT T. DAWSON, District Judge. On this 16th day of November 2009, the court has before it for consideration plaintiff's request for attorney's fees and costs pursuant to 42 U.S.C. § 406(b), For reasons set forth in the report and recommendation filed by the Honorable James R. Marschewski, United States Magistrate Judge for the Wester... Matthew W. BARNETT, Plaintiff v. Rachel J. SIMS; Sheriff Frank Atkinson; and Gayla Jackson, Defendants. , W.D.Ark., November 16, 2009 Matthew W. Barnett, Pine Bluff, AR, pro se. ORDER ROBERT T. DAWSON, District Judge. On this 16th day of November 2009, there comes on for consideration the report and recommendation filed in this case on November 9, 2009, by the Honorable James R. Marschewski, United States Magistrate for the Western District of Arkansas. (Doc. 4). Also before the Court are Plaintiff's objections (Doc. 6) to the report and recommendation. The court has reviewed this case de novo and, being well and suffi... Billy Joe WILLIAMS, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Ark., November 16, 2009 Laura J. McKinnon, McKinnon Law Firm, Fayetteville, AR, for Plaintiff. Claude S. Hawkins, Jr., U.S. Attorney's Office, Fort Smith, AR, FOR Defendant. MEMORANDUM OPINION ERIN L. SETSER, United States Magistrate Judge. Plaintiff, Billy Joe Williams, brings this action pursuant to 42 U.S.C. § 405(g), seeking judicial review of a decision of the Commissioner of the Social Security Administration (Commissioner) denying his claims for disability and disability insurance benefits under Title II... Mauro C. PALACIO, Petitioner v. T.C. OUTLAW, Warden, FCI, Forrest City, AR, Respondent. , E.D.Ark., November 16, 2009 Mauro C. Palacio, Forrest City, AR, pro se. Richard M. Pence, Jr., U.S. Attorney's Office, Little Rock, AR, for Respondent. ORDER J. LEON HOLMES, District Judge. The Court has reviewed the Proposed Findings and Recommended Disposition received from Magistrate Judge Jerry Cavaneau. There have been no objections. The Findings and Recommendations are adopted in their entirety as this Court's findings. Accordingly, judgment shall be entered dismissing this 28 U.S.C. § 2241 petition for wr... GREEN PARTY OF ARKANSAS; Mark Swaney; and Rebekah Kennedy, Plaintiffs v. Charlie DANIELS, in his official capacity as Secretary of State of the State of Arkansas, Defendant. , E.D.Ark., November 16, 2009 Bryan Sells, ACLU Foundation, Inc., Atlanta, GA, Holly Elizabeth Dickson, Arkansas Civil Liberties Union Foundation, Inc., Little Rock, AR, for Plaintiffs. Scott P. Richardson, Arkansas Attorney General's Office, Little Rock, AR, for Defendant. OPINION AND ORDER J. LEON HOLMES, District Judge. The Green Party of Arkansas, Mark Swaney, and Rebekah Kennedy, commenced this action against Charlie Daniels, in his official capacity as Arkansas Secretary of State, alleging that Daniels has misi... UNITED STATES of America, Plaintiff v. Eric Wayne KELLEY, Defendant. , E.D.Ark., November 16, 2009 Karen D. Whatley, U.S. Attorney's Office, Little Rock, AR, for Plaintiff. OPINION AND ORDER J. LEON HOLMES, District Judge. Eric Wayne Kelley was indicted on five counts of possessing child pornography in violation of 18 U.S.C. § 2251(a) and one count of possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B). He filed a motion to suppress the evidence, which was seized during a search of his home in the early morning hours of November 11, 2005. For the reasons stated here... William C. ROBERTSON and Carey W. Robertson, Plaintiffs v. UNION PACIFIC RAILROAD COMPANY and XTO Energy Inc., Defendants. , E.D.Ark., November 16, 2009 Martin Wayne Bowen, Bowen Law Firm, PLLC, Little Rock, AR, for Plaintiffs. Joseph Patrick McKay, Friday, Eldredge & Clark, LLP, Little Rock, AR, Robert M. Honea, Hardin, Jesson & Terry, Fort Smith, AR, for Defendants. OPINION AND ORDER J. LEON HOLMES, District Judge. The plaintiffs filed a complaint in the Circuit Court of Jackson County, Arkansas, against the defendants seeking a declaratory judgment with respect to oil and gas rights in real property located in Jackson County. The def... Willie Gaster DAVIS, Jr., Plaintiff v. Madie FUDGE et al., Defendants. , E.D.Ark., November 16, 2009 BRIAN S. MILLER, District Judge. The court has reviewed the proposed findings and recommended disposition submitted by United States Magistrate Judge H. David Young, and the objections filed. After carefully considering the objections and making a de novo review of the record in this case, the court concludes that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety as this court's findings in all respects. IT IS THEREFORE ORDE... Robert Singleton JOHNSON, Jr., Plaintiff v. Larry NORRIS, et al., Defendants. , E.D.Ark., November 16, 2009 Robert Singleton Johnson, Jr., Pine Bluff, AR, pro se. Renae Ford Hudson, Arkansas Attorney General's Office, Little Rock, AR, for Defendants. ORDER JAMES M. MOODY, District Judge. The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. After careful review of the recommendation, the timely objections received thereto, as well as a de novo review of the record, the Court concludes that the Recommended Disposition should be, and hereby is, approved and adopted... Nathaniel FITZGERALD, Plaintiff v. Richard Dick BUSBY, et al., Defendants. , E.D.Ark., November 16, 2009 Nathaniel Fitzgerald, West Memphis, AR, pro se. ORDER J. LEON HOLMES, District Judge. The Court has received proposed findings and recommendations from United States Magistrate Judge Henry L. Jones, Jr. After a review of those proposed findings and recommendations, and the timely objections received thereto, as well as a de novo review of the record, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that defendants Busby and Boyd are hereby DISMISSED from pl... DATACOM SYSTEMS, INC., Plaintiff v. JDL DIGITAL SYSTEMS, INC., et al., Defendants. , W.D.Ark., November 13, 2009 Michael Edward Sanders, Sanders Law Firm P.A., Hot Springs, AR, for Plaintiff. Jess L. Askew, III, Williams & Anderson PLC, Marie-Bernarde Miller, Gill, Elrod, Ragon, Owen & Sherman, P.A., Little Rock, AR, for Defendants. ORDER BARRY A. BRYANT, United States Magistrate Judge. Pending now before this Court is Defendants' Motion to Compel (Doc. No. 32) and Motion to Stay Time for Expert Disclosure (Doc. No. 37). Both of these motions have been referred to this Court by the Honorable Robert... William W. DOUGLAS, Jr., Plaintiff v. Michael J. ASTRUE, Commissioner Social Security Administration, Defendant. , W.D.Ark., November 13, 2009 Lawrence W. Fitting, Lawrence W. Fitting, P.A., Fort Smith, AR, for Plaintiff. ORDER JAMES R. MARSCHEWSKI, United States Magistrate Judge. Plaintiff, William W. Douglas, Jr., appealed the Commissioner's denial of benefits to this court. On July 19, 2007, the district court entered judgment affirming the Commissioner's decision. (Doc. # 12). Plaintiff then appealed to the United States Court of Appeals for the Eighth Circuit, and on September 2, 2009, the Eighth Circuit reversed the district... Johnnie Ray HAWTHONE ADC # 110572, Petitioner v. State of ARKANSAS; Larry Norris, Director, Arkansas Department of Corrections, Respondent. , E.D.Ark., November 13, 2009 Johnnie Ray Hawthone, Dermott, AR, pro se. ORDER BRIAN S. MILLER, District Judge. Johnnie Ray Hawthone's two requests for a certificate of appealability (Doc. Nos.7, 14) are denied. An order adopting the magistrate judge's proposed findings of fact and recommended disposition was entered on September 10, 2009. The order dismissed Hawthone's case and provided that Hawthone may seek authorization to file a successive habeas petition from the Eighth Circuit Court of Appeals pursuant to 28 U.S... Terrance Cantrell BULLOCK, Petitioner v. Larry NORRIS, Director, Arkansas Department of Correction; and State of Arkansas, Respondents. , E.D.Ark., November 13, 2009 Terrance Cantrell Bullock, Brickeys, AR, pro se. Lauren Elizabeth Heil, Arkansas Attorney General's Office, Little Rock, AR, for Respondents. ORDER JOE J. VOLPE, United States Magistrate Judge. I. Background The Court has received an Application for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 from Terrance Cantrell Bullock, an inmate in the custody of the Arkansas Department of Correction (ADC). On August 29, 2006, Petitioner entered a negotiated plea of guilty to first degree bat... Corey A. BENNETT, Petitioner v. T.C. OUTLAW, Warden, FCI-Forrest City, AR, Respondent. , E.D.Ark., November 13, 2009 Corey A. Bennett, Forrest City, AR, pro se. ORDER JOE J. VOLPE, United States Magistrate Judge. Now before the Court is the Petition for Writ of Habeas Corpus (Doc. No. 1) of Corey A. Bennett pursuant to 28 U.S.C. § 2241. I. Procedural History Petitioner is a federal prisoner incarcerated at the Forrest City Low Federal Correctional Institution (FCI) in Forrest City Arkansas. He was sentenced in the United States District Court for the Central District of California for violation of the ... Karen L. FLEETWOOD, Plaintiff v. Michael J. ASTRUE, Commissioner Social Security Administration, Defendant. , W.D.Ark., November 12, 2009 David K. Harp, Walker, Shock, Cox & Harp, PLLC, Fort Smith, AR, for Plaintiff. Mark W. Webb, U.S. Attorney's Office, Fort Smith, AR, for Defendant. ORDER JAMES R. MARSCHEWSKI, United States Magistrate Judge. Plaintiff, Karen Fleetwood, appealed the Commissioner's denial of benefits to this court. On August 25, 2009, judgment was entered remanding plaintiff's case to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. # 10). Plaintiff now moves for an award of $3482.00... Louise E. RICHARD Jr., Plaintiff v. Sheriff Butch MORRIS, Howard County, Arkansas; Jeff Brewer, Drug Task Force; La Jeana Jones; Public Defender, Howard County; Bryant Chesters, Prosecuting Attorney, Howard County; Tom Cooper, Prosecuting Attorney,, W.D.Ark., November 12, 2009 Louis E. Richard, Jr., Newport, AR, pro se. ORDER HARRY F. BARNES, District Judge. Before the Court is the Report and Recommendation filed November 11, 2008, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. 12). Plaintiff, Louise Richard, Jr., filed a civil action against the named defendants pursuant to 42 U.S.C. § 1983. Judge Bryant recommends that service of process should not be given in the action and that Plaintiff's pro se§ ... Wanda WILSON, Plaintiff v. Michael J. ASTRUE, Commissioner Social Security Administration, Defendant. , W.D.Ark., November 12, 2009 MEMORANDUM OPINION JAMES R. MARSCHEWSKI, United States Magistrate Judge. Plaintiff, Wanda Wilson, brings this action under 42 U.S.C. § 405(g), seeking judicial review of a decision of the Commissioner of Social Security Administration (Commissioner) denying her claims for period of disability, disability insurance benefits (DIB), and supplemental security income ("SSI") pursuant to Titles II and XVI of the Social Security Act (hereinafter "the Act"), 42 U.S.C. §§ 416(i) and 423. In this judic... Mark A. CASH, Plaintiff v. UNION PACIFIC RAILROAD COMPANY, Defendant. , E.D.Ark., November 12, 2009 Edward T. Oglesby, Oglesby Law Firm P.A., Little Rock, AR, James B. Wilmoth, Brown & Crouppen, Nelson Gregory Wolff, Richard John Zalasky, Schlichter, Bogard & Denton, St. Louis, MO, for Plaintiff. Kristopher Bruce Knox, Scott H. Tucker, Friday, Eldredge & Clark, LLP, Little Rock, AR, for Defendant. ORDER WM. R. WILSON, JR., District Judge. Pending is Defendant's Motion for Summary Judgment (Doc. No. 23). Plaintiff has responded. [FN1] FN1. Doc. No. 27. Plaintiff filed suit on March ... Catherynne KENDRICK, Plaintiff v. Nurzuhal FAUST, et al., Defendants. , E.D.Ark., November 12, 2009 Catherynne W. Kendrick, Fayetteville, AR, pro se. ORDER JAMES M. MOODY, District Judge. The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. The parties have not filed objections. After careful review of the recommendation, as well as a de novo review of the record, the Court concludes that the Recommended Disposition should be, and hereby is, approved and adopted as this Court's findings in all respects in its entirety. Plaintiff's motion for order to rei... Lee MADDEN, Jr., Petitioner v. Larry NORRIS, Director, Arkansas Department of Correction, Respondent. , E.D.Ark., November 12, 2009 Lee Madden, Brickeys, AR, pro se. ORDER SUSAN WEBBER WRIGHT, District Judge. The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. The parties have not filed any objections. After careful review of the recommendation, as well as a de novo review of the record, the Court concludes that the Recommended Disposition should be, and hereby is, approved and adopted as this Court's findings in all respects in its entirety. IT IS THEREFORE ORDERED that Lee Madden, J... Barry GOODMAN, Plaintiff v. HARTFORD LIFE & ACCIDENT INSURANCE COMPANY, et al., Defendants. , E.D.Ark., November 12, 2009 Brandon W. Lacy, Wilcox Parker Hurst Lancaster & Lacy, Jonesboro, AR, for Plaintiff. Richard J. Pautler, Thompson Coburn LLP, St. Louis, MO, for Defendants. ORDER WM. R. WILSON, JR., District Judge. Pending are Plaintiff's Motion for Summary Judgment (Doc. No. 15), and Defendants' Motion for Summary Judgment (Doc. No. 18). The parties have responded. [FN1] For the reasons set out below, Defendants' Motion is GRANTED, and Plaintiff's Motion is DENIED. FN1. Doc. Nos. 24, 21. I. SUMMARY... Charles Gentry RODGERS ADC # 87695, Petitioner v. Larry NORRIS, Director, Arkansas Department of Correction, Respondent. , E.D.Ark., November 12, 2009 Charles Gentry Rodgers, Grady, AR, pro se. Lauren Elizabeth Heil, Arkansas Attorney General's Office, Little Rock, AR, for Respondent. MEMORANDUM AND ORDER J. THOMAS RAY, United States Magistrate Judge. I. Background Pending before the Court [FN1] is a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (Docket entry # 2.) Respondent has filed a Response (docket entry # 5), to which Petitioner has filed two Replies. (Docket entries # 15 and # 17.) Thus, the issues are join... James DUNHAM, on behalf of himself and all others similarly situated, Plaintiff v. PORTFOLIO RECOVERY ASSOCIATES, LLC, Defendant. , E.D.Ark., November 10, 2009 Alex G. Streett, James A. Streett, Streett Law Firm, P.A., Russellville, AR, J. Gerard Stranch, IV, Joe P. Leniski, Michael J. Wall, Branstetter, Stranch & Jennings PLLC, Nashville, TN, for Plaintiff. Donald S. Maurice, Jr., Maurice & Needleman P.C., Flemington, NJ, Keith Martin McPherson, Laser Law Firm, P.A., Little Rock, AR, for Defendant. OPINION AND ORDER J. LEON HOLMES, District Judge. Portfolio Recovery Associates, LLC, ("PRA") has filed a motion for judgment on the pleadings purs... UNITED STATES of America, Plaintiff v. Amjad Mutie KATTOM, Defendant. , E.D.Ark., November 10, 2009 Joseph James Volpe, Todd Lister Newton, U.S. Attorney's Office, Little Rock, AR, for Plaintiff. ORDER J. LEON HOLMES, District Judge. Amjad Mutie Kattom has filed a motion for a reduction in his sentence and early termination of his probation. Early termination of probation is governed by 18 U.S.C. § 3564(c), which provides: The court, after considering the factors set forth in section 3553(a) to the extent that they are applicable, may, pursuant to the provisions of the Federal Rules o... Fred WEATHERSPOON, Plaintiff v. UNIVERSITY OF ARKANSAS BOARD OF TRUSTEES; University of Arkansas at Pine Bluff Board of Trustees; Dr. Lawrence A. Davis, Jr., individually, and in his official capacity as Chancellor of the University of Arkansas at , E.D.Ark., November 10, 2009 OPINION AND ORDER J. LEON HOLMES, District Judge. DRS Services, Inc., and Donnie Ray Savage have moved to dismiss Fred Weatherspoon's claims against them pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Weatherspoon was Chief of Police at the University of Arkansas at Pine Bluff, while Savage was under contract with UAPB to provide security services at the time of the incident. Weatherspoon alleges that Savage violently assaulted and restrained him while Weatherspoon was att... UNITED STATES of America, Respondent, v. Laleroy James HAMPTON, Petitioner. , E.D.Ark., November 10, 2009 Edward Onassis Walker, U.S. Attorney's Office, Little Rock, AR, for Respondent. Robert F. Morehead, Morehead & Morehead, Pine Bluff, AR, for Petitioner. Memorandum Opinion and Order SUSAN WEBBER WRIGHT, District Judge. On August 8, 2007, petitioner Laleroy James Hampton pleaded guilty to a one-count indictment, charging him with being a felon in possession of a firearm in violation of 18 U.S.C. § § 922(g)(1) and 924(e). On January 8, 2008, the Court entered judgment sentencing petitioner... Lee MADDEN ADC # 136534, Plaintiff v. Larry NORRIS, Director, Arkansas Department of Correction; Hunter, Ms., Nurse, Varner Unit, Arkansas Department of Correction; White, Ms., Sgt., Varner Unit, Arkansas Department of Correction; Jackson, Corporal, E.D.Ark., November 10, 2009 Lee Madden, Brickeys, AR, pro se. ORDER J. LEON HOLMES, District Judge. The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED that: 1. Plaintiff's c... Robert BLEDSOE, Plaintiff v. LUMPKINS, Nurse, Faulkner County Detention Facility; and Stewart, Dr., Faulkner County Detention Facility, Defendants. , E.D.Ark., November 10, 2009 Robert Bledsoe, Conway, AR, pro se. ORDER J. LEON HOLMES, District Judge. The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED that: 1. This action... James PARKER, Plaintiff v. Michael J. ASTRUE, Commissioner Social Security Administration, Defendant. , W.D.Ark., November 10, 2009 Mary M. Thomason, Attorney at Law, El Dorado, AR, for Plaintiff. Mark W. Webb, U.S. Attorney's Office, Fort Smith, AR, for Defendant. ORDER JAMES R. MARSCHEWSKI, United States Magistrate Judge. Plaintiff, James Parker, appealed the Commissioner's denial of benefits to this court. On September 17, 2009, judgment was entered remanding Plaintiff's case to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. # 12). Plaintiff now moves for an award of $2,229.07 in attorney'... Calvin Ray PARKER, Plaintiff v. Ken JONES, Union County Sheriff; Captain John Williams; Lt. Walter Bass; Chief Jerry Thomas; and Sgt. Jim Sanders, Defendants. , W.D.Ark., November 10, 2009 ORDER HARRY F. BARNES, District Judge. Before the Court is the Report and Recommendation filed on October 21, 2009, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. No. 8). Ten (10) days have passed without objections being filed by the parties. The Court hereby adopts in toto the Magistrate Judge's findings and recommendations. Accordingly, the Court finds that Plaintiff Calvin Ray Parker's Complaint should be and hereby is dismi... William H. MORRIS, Plaintiff v. HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, Defendant. , E.D.Ark., November 9, 2009 Leon Marks, Attorney at Law, Little Rock, AR, for Plaintiff. Brandon B. Cate, Quattlebaum, Grooms, Tull & Burrow PLLC, Springdale, AR, E.B. Chiles, IV, Quattlebaum, Grooms, Tull & Burrow PLLC, Little Rock, AR, for Defendant. ORDER DENYING MOTION FOR REMAND JAMES M. MOODY, District Judge. Pending is the Plaintiff's Motion for Remand to state court. (Docket # 6). Defendant has responded to the motion. For the reasons set forth below, the Motion to Remand is DENIED. I. Facts Plaintiff ... Ruffus GRAY, Plaintiff v. CLARK COUNTY JAIL, et al., Defendants. , E.D.Ark., November 9, 2009 Ruffus Gray, Grady, AR, pro se. C. Burt Newell, Ralph C. Ohm, Attorney at Law, Hot Springs, AR, for Defendant. ORDER JAMES M. MOODY, District Judge. The Court has received proposed findings and recommendations from United States Magistrate Judge Henry L. Jones, Jr.. There have been no objections. After a review of those proposed findings and recommendations, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that defendant Newburn is hereby DISMISSED from ... Michael E. LONG, Jr., Plaintiff v. William GAY et al., Defendants. , E.D.Ark., November 9, 2009 Michael E. Long, Jr., Mayflower, AR, pro se. Christine A. Cryer, Arkansas Attorney General's Office, Little Rock, AR, Michelle Banks Odum, Humphries & Lewis, White Hall, AR, for Defendants. ORDER JAMES M. MOODY, District Judge. The Court has reviewed the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge H. David Young. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Partial Rec... Lee Charles MILLSAP, Jr., ADC # 113121, Petitioner v. Larry NORRIS, Director, Arkansas Department of Correction, Respondent. , E.D.Ark., November 9, 2009 Lee Charles Millsap, Jr., Grady, AR, pro se. ORDER JAMES M. MOODY, District Judge. The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. Judgment will be entered accordingly. (1)... Michael PHILSON, Plaintiff v. ARKANSAS DEPARTMENT OF HUMAN SERVICES, Defendant. , W.D.Ark., November 9, 2009 Michael Philson, Arkadelphia, AR, pro se. Lori Freno, Assistant Attorney General, Little Rock, AR, for Defendant. ORDER ROBERT T. DAWSON, District Judge. Now on this 9th day of November 2009, there comes on for consideration the report and recommendation filed herein on October 20, 2009, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. 24). The parties did not file any written objections to the report and recommendation. The ... Jonathan WASHINGTON, Petitioner v. UNITED STATES of America, Respondent. , E.D.Ark., November 9, 2009 Edward Onassis Walker, U.S. Attorney's Office, Little Rock, AR, for Respondent. ORDER JAMES M. MOODY, District Judge. Jonathan Washington, an inmate of the Forrest City Federal Correction Complex, brings this pro se Motion and Supplemental Motion to Vacate, Set Aside, or Correct a Sentence under 28 U.S.C. § 2255 (docket entry # 35, # 47). Respondent replied, asserting that Petitioner's claims were without merit (docket entry # 39, # 49). For the reasons that follow, the petition should be d... Barbara Ann JONES, Plaintiff v. Michael J. ASTRUE Commissioner, Social Security Administration, Defendant. , W.D.Ark., November 9, 2009 Charles R. Padgham, Attorney at Law, Hot Springs, AR, for Plaintiff. Mark W. Webb, U.S. Attorney's Office, Fort Smith, AR, for Defendant. MEMORANDUM OPINION BARRY A. BRYANT, United States Magistrate Judge. Barbara Ann Jones ("Plaintiff") brings this action pursuant to § 205(g) of Title II of the Social Security Act ("The Act"), 42 U.S.C. § 405(g) (2006), seeking judicial review of a final decision of the Commissioner of the Social Security Administration ("SSA") denying her applications ... Billy Joe DENHAM, Jr., Plaintiff v. David STINSON, Narcotics Investigator, Howard County, Arkansas, Defendant. , W.D.Ark., November 9, 2009 Billy Joe Denham, Jr., Tucker, AR, pro se. ORDER HARRY F. BARNES, District Judge. Now on this 9th day of November, 2009, comes on for consideration the proposed findings and recommendations filed herein on October 19, 2009, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. Ten (10) days having passed without objections being filed by the parties, the Court hereby adopts in toto the findings and recommendations. Accordingly, the Court f... Sidney TATE, Jr., Plaintiff v. Detective Larry PATRICK, Hot Springs Police Department; Detective Les Jessup, Hot Springs Police Department; and Detective Hrvatin, Hot Springs Police Department. , W.D.Ark., November 9, 2009 Sidney Tate, Jr., Malvern, AR, pro se. ORDER ROBERT T. DAWSON, District Judge. Now on this 9th day of November 2009, there comes on for consideration the report and recommendation filed herein on October 23, 2009, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. 7). Also before the Court are Plaintiff's written objections to the report and recommendation (Doc. 8). The court has reviewed this case de novo and, being well and suffici... Matthew J. LUPER, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security Administration, Defendant. , W.D.Ark., November 6, 2009 Fred L. Caddell, Nolan, Caddell and Reynolds, P.A., Fort Smith, AR, for Plaintiff. Mark W. Webb, U.S. Attorney's Office, Fort Smith, AR, for Defendant. MEMORANDUM OPINION JAMES R. MARSCHEWSKI, United States Magistrate Judge. Factual and Procedural Background: Plaintiff, Matthew J. Luper, appeals from the decision of the Commissioner of the Social Security Administration (Commissioner) denying his applications for disability insurance benefits (DIB) and supplemental security income benefi... UNITED STATES of America, Plaintiff v. Dustin I. NIX, Defendant. , W.D.Ark., November 6, 2009 Benjamin J. Hawk, Gerard V. Hogan, United States Department of Justice, Washington, DC, Matthew C. Quinn, U.S. Attorney's Office, Fort Smith, AR, for Plaintiff. David Kizzia, Malvern, AR, for Defendant. SENTENCING MEMORANDUM ROBERT T. DAWSON, District Judge. On November 6, 2009, this Court held a sentencing hearing in the above- captioned matter. Specially addressed was whether the two-level vulnerable victim enhancement at U.S.S.G. § 3A1.1(b)(1) applies in this case. For reasons that fo... Frederick L. WILLIAMS, Plaintiff v. HEALTHCARE SERVICES GROUP, INC., Zurich Insurance Company, and Arkansas Workers Compensation Commission, Defendant. , E.D.Ark., November 6, 2009 ORDER GARNETT THOMAS EISELE, District Judge. This case is before the Court upon the motion of Plaintiff for leave to commence this action without prepayment of the filing fee pursuant to 28 U.S.C. § 1915. For the reasons set forth below, the Court concludes that this case must be dismissed, without prejudice, rendering Plaintiff's motion moot. I. Plaintiff's Complaint Plaintiff claims that he suffered an injury on November 12, 1998, while employed in housekeeping and maintenance at William... Flora LUNSFORD, Plaintiff v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant. , E.D.Ark., November 5, 2009 Eric Lane Worsham, William Kirby Mouser, Baim, Gunti, Mouser, Havner & Worsham, PLC, Pine Bluff, AR, for Plaintiff. Scott T. Morris, Social Security Administration, Dallas, TX, Stacey Elise McCord Eastern District of Arkansas, Little Rock, AR, for Defendant. ORDER JAMES M. MOODY, District Judge. The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. After careful review of the Recommended Disposition, the objections received from the parties, as well as a de... Marcus BLUE ADC # 123200, Plaintiff v. Larry NORRIS, Director, Arkansas Department of Correction, Defendant. , E.D.Ark., November 5, 2009 Marcus Blue, Grady, AR, pro se. Kelly K. Hill, Arkansas Attorney General's Office, Little Rock, AR, for Defendant. ORDER BRIAN S. MILLER, District Judge. Plaintiff Marcus Blue moves for reconsideration of this court's August 11, 2009 order adopting Magistrate Judge Jerry W. Cavaneau's report and recommendations and judgment in favor of defendant Larry Norris. [Doc. No. 40]. The motion is denied. Motions for reconsideration may be granted pursuant to Federal Rule of Civil Procedure 59(... Herbert MATHIS a/k/a Michael Howard Hunter v. Sheriff Bill CAUTHRON. , W.D.Ark., November 4, 2009 ORDER ROBERT T. DAWSON, District Judge. Now on this 4th day of November 2009, there comes on for consideration the report and recommendation filed herein on October 15, 2009, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (Doc. 3). The parties did not file written objections. A copy of the report and recommendation was mailed to Petitioner at his last known address and was returned as undeliverable. The court has reviewed this ca... UNITED STATES of America, Plaintiff v. Danny Joe DILLARD, Defendant. , E.D.Ark., November 4, 2009 John E. Bush, U.S. Attorney's Office, Little Rock, AR, for Plaintiff. Omar F. Greene, II, Federal Public Defenders Office, Little Rock, AR, for Defendant. OPINION AND ORDER J. LEON HOLMES, District Judge. Danny Joe Dillard is charged with four counts of wire fraud and one count of making false statements in violation of 18 U.S.C. §§ 1343 and 1035, respectively. On October 29, 2009, Dillard filed a motion to dismiss Count V of his indictment on the ground that it does not state a crime. D... Gregory R. GREGORY, Plaintiff v. Michael J. ASTRUE, Commissioner Social Security Administration, Defendant. , W.D.Ark., November 4, 2009 Shannon Muse Carroll, Lane, Muse, Arman and Pullen, Hot Springs, AR, for Plaintiff. Mark W. Webb, U.S. Attorney's Office, Fort Smith, AR, for Defendant. JUDGMENT ROBERT T. DAWSON, District Judge. Now on this 4th day of November, 2009, comes on for consideration the Report and Recommendation dated October 13, 2009, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. Ten (10) days have passed without objections being filed by the part... Randy SCHAFER, et al., Plaintiffs v. BAYER CROPSCIENCE LP, et al., Defendants. , E.D.Ark., November 3, 2009 ORDER BRIAN S. MILLER, District Judge. Before the court are defendants' motion to stay case pending transfer (Doc. No. 33), the motions to dismiss filed by defendants Bayer AG and Bayer CropScience Holding SA ("BCS Holding") (Doc. Nos. 48 and 54) and supplement (Doc. No. 52), and plaintiffs' motion to remand (Doc. No. 64). As plaintiffs filed a fifth amended and substituted complaint after defendants Bayer AG and BCS Holding filed their initial motion to dismiss and supplement, the initial m... Christine A. LAMORTE, Plaintiff v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant. , W.D.Ark., November 2, 2009 Frederick S. Spencer, Attorney at Law, Mountain Home, AR, for Plaintiff. Claude S. Hawkins, Jr., U.S. Attorney's Office, Fort Smith, AR, for Defendant. JUDGMENT JIMM LARRY HENDREN, District Judge. Now on this 5th day of November, 2009, comes for consideration the Amended Report and Recommendation dated October 8, 2009 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. Ten (10) days have passed without objections being filed by the parti... Lester Joe HILL, Petitioner v. Larry NORRIS, Director Arkansas Department of Corrections, Respondent. , W.D.Ark., November 2, 2009 Shannon Lea Blatt, Attorney at Law, Fort Smith, AR, for Petitioner. Kelly K. Hill, Rachel M. Hurst, Pamela Anne Rumpz, Arkansas Attorney General's Office, Little Rock, AR, for Respondent. ORDER ROBERT T. DAWSON, District Judge. Now on this 2nd day of November 2009, there comes on for consideration the report and recommendation filed herein on October 5, 2009, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (Doc. 65). Also before... Alan Earl ROWE, Plaintiff v. ARKANSAS DEPARTMENT OF CORRECTION; et al., Defendants. , E.D.Ark., November 2, 2009 Alan Earl Rowe, Malvern, AR, pro se. Christine A. Cryer, Arkansas Attorney General's Office, Little Rock, AR, Michelle Banks Odum, Humphries & Lewis, White Hall, AR, for Defendants. ORDER JAMES M. MOODY, District Judge. The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the Court concludes that the Proposed Findings and Recommended Partial Disposi... Martha FROST, Cassandra Stargell, Felisha Marshall and Norma Givens, On behalf of themselves and all others similarly situated, Plaintiffs v. Dan McDONALD, Gary Tackett, and Linda Donham, individually and in their official capacities as employees o, E.D.Ark., November 2, 2009 Luther Oneal Sutter, Harrill & Sutter, P.L.L.C., Benton, AR, for Plaintiffs. Sherri L. Robinson, Arkansas Attorney General's Office, Little Rock, AR, for Defendants. OPINION AND ORDER J. LEON HOLMES, District Judge. The plaintiffs initiated this action on March 21, 2008, alleging race discrimination in violation of their rights under 42 U.S.C. §§ 1981 and 1983 and the Arkansas Civil Rights Act ("ACRA"). The defendants have filed a motion for summary judgment, and the plaintiffs have resp... AMERICAN ACQUISITION PROPERTY I, LLC, Plaintiff v. C & L PROPERTIES, LLC; Kimberly A. Ledbetter; Spouse of Kimberly A. Ledbetter, if any; First Federal Bank of Arkansas, FA; Arvest Mortgage Company; Superior Federal Bank, F.S.B.; Harrington, Miller, W.D.Ark., October 30, 2009 Wade M. Early, Husch, Blackwell, Sanders LLP, Springfield, MO, for Plaintiff. Donald Ervin Wilson, Donald E. Wilson P.A., Fayetteville, AR, Thomas N. Kieklak, Harrington, Miller & Kieklak, P.A., Springdale, AR, for Defendants/Cross-Defendants. Burton S. Stacy, Jr., Sara E. Heck, Hood & Stacy, P.A., Bentonville, AR, Charles S. Trantham, Stockland & Trantham, P.A., Fayetteville, AR, for Defend ants/Cross-Claimant/Counter-Claimant/Third-Party Plaintiff. Wade M. Early, Husch, Blackwell, San... Benjamin L. EAGLE, Plaintiff v. Judy S. HENRY, et al., Defendants. , E.D.Ark., October 30, 2009 Benjamin L. Eagle, Little Rock, AR, pro se. Judy Simmons Henry, Kimberly Wood Tucker, Wright, Lindsey & Jennings, Little Rock, AR, for Defendants. ORDER BRIAN S. MILLER, District Judge. Arkansas Circuit Court Judge Willard Proctor, Jr., United States Bankruptcy Judge James G. Mixon, Pulaski County Circuit Clerk Pat O'Brien, and Commissioner Stephen Sipes request dismissal of plaintiff Benjamin L Eagle's complaint (Doc. Nos.24, 32, 34). Eagle has responded to each motion (Doc. Nos.39, 40,... GE COMMERCIAL DISTRIBUTION FINANCE CORPORATION, a Delaware Corporation, as successor in interest to Deutsche Financial Services Corporation, Plaintiff Crabtree RV Center, Inc., an Arkansas Corporation, Defendant and Bank of America, N.A., Plaintif, W.D.Ark., October 30, 2009 MEMORANDUM OPINION JIMM LARRY HENDREN, District Judge. Now on this 30th day of October, 2009, come on for consideration the following motions: * Bank of America, N.A.'s Motion For Partial Summary Judgment Against Guarantors (document # 33); * Textron Financial Corporation's Motion For Partial Summary Judgment (document # 36); and * the Motion To Dismiss Action Initiated By Bank Of America For Lack Of Subject Matter Jurisdiction Herein Filed By Defendants, James Gilbert Adams, Joyce ... Garry L. DENNIS, Plaintiff v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant. , W.D.Ark., October 30, 2009 Denver Lee Thornton, Attorney at Law, El Dorado, AR, for Plaintiff. Mark W. Webb, U.S. Attorney's Office, Fort Smith, AR, for Defendant. MEMORANDUM OPINION BARRY A. BRYANT, United States Magistrate Judge. Garry L. Dennis ("Plaintiff") brings this action pursuant to § 205(g) of Title II of the Social Security Act ("The Act"), 42 U.S.C. § 405(g) (2006), seeking judicial review of a final decision of the Commissioner of the Social Security Administration ("SSA") denying his applications for... Shelley M. CRABB, Plaintiff v. Michael J. ASTRUE, Commissioner Social Security Administration, Defendant. , W.D.Ark., October 30, 2009 Evelyn Elizabeth Brooks, Tolley & Brooks, P.A., Fayetteville, AR, for Plaintiff. Claude S. Hawkins, Jr., U.S. Attorney's Office, Fort Smith, AR, for Defendant. ORDER JIMM LARRY HENDREN, District Judge. On this 30th day of October, 2009, the court has before it for consideration plaintiff's request for attorney's fees and costs pursuant to 42 U.S.C. § 406(b). For reasons set forth in the report and recommendation filed by the Honorable James R. Marschewski, United States Magistrate Judge ... Bertha FISHER, Plaintiff v. Michael J. ASTRUE, Commissioner Social Security Administration, Defendant. , W.D.Ark., October 30, 2009 Evelyn Elizabeth Brooks, Tolley & Brooks, P.A., Fayetteville, AR, for Plaintiff. Claude S. Hawkins, Jr., U.S. Attorney's Office, Fort Smith, AR, for Defendant. ORDER JIMM LARRY HENDREN, District Judge. On this 30th day of October, 2009, the court has before it for consideration plaintiff's request for attorney's fees and costs pursuant to 42 U.S.C. § 406(b). For reasons set forth in the report and recommendation filed by the Honorable James R. Marschewski, United States Magistrate Judge ... Linda GREEN, Plaintiff v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant. , W.D.Ark., October 30, 2009 MEMORANDUM OPINION BARRY A. BRYANT, United States Magistrate Judge. Linda Green ("Plaintiff") brings this action pursuant to § 205(g) of Title II of the Social Security Act ("The Act"), 42 U.S.C. § 405(g) (2006), seeking judicial review of a final decision of the Commissioner of the Social Security Administration ("SSA") denying her applications for a period of disability, Disability Insurance Benefits ("DIB"), and Supplemental Security Income ("SSI") under Titles II and XVI of the Act. The p... Lisa S. DUREN, Plaintiff v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant. , W.D.Ark., October 30, 2009 Greg R. Giles, Moore & Giles, LLP, Texarkana, AR, for Plaintiff. Claude S. Hawkins, Jr., U.S. Attorney's Office, Fort Smith, AR, for Defendant. MEMORANDUM OPINION BARRY A. BRYANT, United States Magistrate Judge. On October 29, 2009, Defendant filed an Unopposed Motion for Remand. (Doc. No. 7). Plaintiff has no opposition to this Motion. (Doc. No. 7, Pg.4). The parties have consented to the jurisdiction of a magistrate judge to conduct any and all proceedings in this case, including cond... Kenneth N. MADDOX, Jr., Plaintiff v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant. , W.D.Ark., October 30, 2009 ORDER BARRY A. BRYANT, United States Magistrate Judge. Pending now before this Court is Plaintiff's Motion for Attorney Fees under the Equal Access to Justice Act ("EAJA"). (Doc. No. 13). [FN1] Defendant has responded to this Motion and has no objections. (Doc. No. 15). The parties have consented to the jurisdiction of a magistrate judge to conduct any and all proceedings in this case, including conducting the trial, ordering the entry of a final judgment, and conducting all post-judgment pro... Geraldine HENDERSON, Plaintiff v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant. , W.D.Ark., October 30, 2009 ORDER BARRY A. BRYANT, United States Magistrate Judge. Pending now before this Court is Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act ("EAJA"). (Doc. No. 10). [FN1] Defendant has responded and has no objections to this Motion. (Doc. No. 14). The parties have consented to the jurisdiction of a magistrate judge to conduct any and all proceedings in this case, including conducting the trial, ordering the entry of a final judgment, and conducting all post-judgmen... Yolanda F. CURRY, Plaintiff v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant. , W.D.Ark., October 30, 2009 Denver Lee Thornton, Attorney at Law, El Dorado, AR, for Plaintiff. Mark W. Webb, U.S. Attorney's Office, Fort Smith, AR, for Defendant. ORDER BARRY A. BRYANT, Unites States Magistrate Judge. Pending now before this Court is Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act ("EAJA"). (Doc. No. 8). [FN1] Defendant has responded to this Motion and has no objections to this Motion. (Doc. No. 11). The parties have consented to the jurisdiction of a magistrate ju... Curtis WILLIAMS, Plaintiff v. Michael J. ASTRUE Commissioner, Social Security Administration, Defendant. , W.D.Ark., October 30, 2009 Denver Lee Thornton, Attorney at Law, El Dorado, AR, for Plaintiff. Mark W. Webb, U.S. Attorney's Office, Fort Smith, AR, Defendant. ORDER BARRY A. BRYANT, United States Magistrate Judge. Pending now before this Court is Plaintiff's Motion for Attorney Fees under the Equal Access to Justice Act ("EAJA"). (Doc. No. 15). [FN1] Defendant has responded to this Motion and has no objections. (Doc. No. 17). The parties have consented to the jurisdiction of a magistrate judge to conduct any and ... Mary WILLIAMS and Leslie Brown, Plaintiffs v. DOLGENCORP, INC., d/b/a Dollar General Corporation; Tom O'Connell, individually and in his official capacity as District Manager; and Sheila Padella, individually and in her official capacity as Store M, E.D.Ark., October 30, 2009 Alvin Leonard Simes, Attorney at Law, Forrest City, AR, for Plaintiffs. Johnathan Oren Harris, Ogletree, Deakins, Nash, Smoak & Stewart P .C., Nashville, TN, Frederick J. Lewis, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Memphis, TN, for Defendants. ORDER BRIAN S. MILLER, District Judge. On August 13, 2009, the court granted defendants' motion for contempt and dismissed plaintiffs' complaint without prejudice for failure to prosecute and failure to comply with the court's order date... Gary PHENIS, Plaintiff v. Michael J. ASTRUE, Commissioner Social Security Administration, Defendant. , W.D.Ark., October 29, 2009 Greg Allen Thurman, Thurman & Bishop, Eureka Springs, AR, for Plaintiff. Mark W. Webb, U.S. Attorney's Office, Fort Smith, AR, for Defendant. ORDER JAMES R. MARSCHEWSKI, United States Magistrate Judge. Plaintiff, Gary Phenis, appealed the Commissioner's denial of benefits to this court. On August 11, 2009, judgment was entered remanding plaintiff's case to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. # 8). Plaintiff now moves for an award of $3400.00 in attorne... James TODD and Venda Lee Todd, Plaintiffs v. D & D FOODS, INC. d/b/a McDonald's; and McDonald's Corporation, Defendants. , E.D.Ark., October 29, 2009 G. Gregory Niblock, Jeremy Bueker, Niblock and Associates, Stuttgart, AR, for Plaintiffs. Robert L. Henry, III, Arthur Watson Bell, Jr., Barber, McCaskill, Jones & Hale, P.A., Little Rock, AR, for Defendants. OPINION AND ORDER J. LEON HOLMES, District Judge. James and Venda Lee Todd bring this tort action against D & D Foods, Inc., and McDonald's Corporation for injuries sustained by James Todd resulting from noncompliance of the defendants' facility with the Americans with Disabilities ... Marvin LOVE, Plaintiff v. Eric H. HOLDER, Jr., Attorney General, United States Department of Justice, et al., Defendants. , E.D.Ark., October 29, 2009 John W. Walker, Shawn Garrick Childs, John W. Walker, P.A., Little Rock, AR, for Plaintiff. Jeffrey Paul Lavicka, U.S. Attorney's Office, Little Rock, AR, for Defendants. ORDER JAMES M. MOODY, District Judge. Pending before the Court is defendants' Motion for Summary Judgment and plaintiff's response. For the reasons stated below, the motion is granted (# 7). Plaintiff filed a complaint in this Court alleging that defendants discriminated against him based upon his race in violation of T... Twila MORLEY, Plaintiff v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , E.D.Ark., October 29, 2009 Anthony W. Bartels, Bartels Law Firm, Jonesboro, AR, for Plaintiff. Clare M. Fisher, Social Security Administration, Dallas, TX, Stacey Elise McCord, U.S. Attorney's Office, Little Rock, AR, for Defendant. MEMORANDUM OPINION AND ORDER H. DAVID YOUNG, United States Magistrate Judge. BACKGROUND. The record reflects that in January of 2005, plaintiff Twila Morley ("Morley") filed applications for disability insurance benefits and supplemental security income benefits pursuant to the provisi... Rizelle AARON, Plaintiff v. William SHELLEY, Individually, and in His Official Capacity as Lieutenant in and for The City of Jacksonville Police Department; Gregory Rozenski, Individually, and in His Official Capacity as a Police Officer in and for, E.D.Ark., October 29, 2009 Edward G. Adcock, Law Office of Edward G. Adcock, Little Rock, AR, for Plaintiff. John Lennon Wilkerson, Arkansas Municipal League, Little Rock, AR, for Defendants. ORDER BRIAN S. MILLER, District Judge. Plaintiff Rizelle Aaron ("Aaron") is suing defendants City of Jacksonville, Arkansas; William Shelley, individually and in his official capacity; and Gregory Rozenski, individually and in his official capacity (collectively "defendants") claiming that defendants violated his constitutional ... Rodney CROSBY, Petitioner v. Larry NORRIS, Director, Arkansas Department of Correction, Respondent. , E.D.Ark., October 29, 2009 Mark Alan Jesse, Jesse Law Firm, PLC, North Little Rock, AR, for Petitioner. Kathryn Elizabeth Henry, Arkansas Attorney General's Office, Little Rock, AR, for Respondent. ORDER JAMES M. MOODY, District Judge. The Court has reviewed the Proposed Findings and Recommendations received from Magistrate Judge Jerry Cavaneau. There have been no objections. The Findings and Recommendations are adopted in their entirety as this Court's findings. Accordingly, this 28 U.S.C. § 2254 action is hereby... Toni Y. BARE, Plaintiff v. NPC INTERNATIONAL, INC. d/b/a Pizza Hut, Defendant. , W.D.Ark., October 28, 2009 Joseph F. Gilker, Gilker and Jones, Mountainburg, AR, for Plaintiff. Russell W. Jackson, Thomas L. Henderson, Ogletree Deakins Nash Smoak and Stewart P.C., Memphis, TN, for Defendant. ORDER ROBERT T. DAWSON, District Judge. On July 7, 2009, Plaintiff filed a complaint seeking recovery for alleged employment discrimination pursuant to Title VII of the Civil Rights Act of 1964, the Arkansas Civil Rights Act of 1993, and the Arkansas common law. Plaintiff alleges that Defendant discriminate... G & K SERVICES, CO., Plaintiff, v. BILL'S SUPER FOODS, INC. and Billy Orr, Defendants. , E.D.Ark., October 28, 2009 ORDER SUSAN WEBBER WRIGHT, District Judge. By Order entered September 15, 2009 [doc.# 87], this Court, over the objections of defendants Bill's Super Foods, Inc. and Billy Orr, approved and adopted in their entirety Proposed Findings and Recommended Disposition from Magistrate Judge J. Thomas Ray that plaintiff G & K Services, Inc.'s Renewed Motion for Summary Judgment [doc.# 44] be granted in part and denied in part. Defendants have now filed a motion for reconsideration [doc.# 88]. Defen... Joshua WILLIAMS, Plaintiff, v. CRITTENDEN COUNTY, ARKANSAS; Melton Holt, Judge, Individually, and in his Official Capacity; Sheriff Dick Busby, Individually, and in his Official Capacity; and Shannon Houchin, Individually, and in his Official Capac, E.D.Ark., October 28, 2009 William Jennings Stanley, Stanley & Thyer, Jonesboro, AR, for Plaintiff. Jason E. Owens, Rainwater, Holt & Sexton P.A., Little Rock, AR, Jeremy Michael Thomas, Reid, Burge, Prevallet & Coleman, Blytheville, AR, for Defendants. ORDER SUSAN WEBBER WRIGHT, District Judge. Plaintiff Joshua Williams brings this 42 U.S.C. § 1983 action for civil damages against Crittenden County, Arkansas, Melton Holt, County Judge for Crittenden County, Dick Busby, Sheriff of the Crittenden County Sheriff's D... Carl WILEY, Petitioner, v. UNITED STATES of America, Respondent. , E.D.Ark., October 28, 2009 John C. Stratford, Attorney at Law, Little Rock, AR, for Petitioner. Joseph James Volpe, U.S. Attorney's Office, Little Rock, AR, for Respondent. MEMORANDUM AND ORDER SUSAN WEBBER WRIGHT, District Judge. Petitioner Carl Wiley pled guilty to conspiracy to commit commercial check fraud and was sentenced by Judge George Howard, Jr. to 60 months imprisonment to run consecutive to an undischarged sentence in the Southern District of Ohio, three years of supervised release, and ordered to pay ... John H. ALLEN, Plaintiff v. Larry MORRIS, Sheriff, Monroe County, Arkansas, et al, Defendants. , E.D.Ark., October 28, 2009 ORDER BRIAN S. MILLER, District Judge. The court has reviewed the proposed findings and recommendations received from Magistrate Judge Jerry Cavaneau. There have been no objections. The findings and recommendations are adopted in their entirety as this court's findings. Accordingly, cefendant's motion to strike (Doc. No. 74) is granted as to all claims and allegations against the United States Department of Justice, but denied in all other respects. Plaintiff's motion to file a first amend... Benjamin L. EAGLE, Plaintiff v. Judy S. HENRY, et al., Defendants. , E.D.Ark., October 28, 2009 Benjamin L. Eagle, Little Rock, AR, pro se. Judy Simmons Henry, Kimberly Wood Tucker, Wright, Lindsey & Jennings, Little Rock, AR, for Defendants. ORDER BRIAN S. MILLER, District Judge. Defendants Judy S. Henry, Kimberly W. Tucker, Wright, Lindsey & Jennings, L.L.P., Bank of America, and Nancy Hollis ("defendants") move to dismiss the complaint of plaintiff Benjamin L. Eagle and for the imposition of sanctions against Eagle (Doc. No. 19) and Eagle has responded to the motion (Doc. Nos.45... Daniel SMITH, Petitioner v. Larry NORRIS, Director, Arkansas Department of Correction, Respondent. , E.D.Ark., October 28, 2009 Daniel Smith, Grady, AR, pro Se. Eileen Woods Harrison, Arkansas Attorney General's Office, Little Rock, AR, for Defendant. ORDER SUSAN WEBBER WRIGHT, District Judge. The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. No objections per se have been filed although petitioner has filed a response questioning the proper procedures. After careful review of the recommendation, as well as a de novo review of the record, the Court concludes that the Recommended... James Russell MUNSON, Petitioner v. Larry NORRIS, Director, Arkansas Department of Correction, Respondent. , E.D.Ark., October 28, 2009 James Russell Munson, Pine Bluff, AR, pro se. Pamela Rumpz, Arkansas Attorney General's Office, Little Rock, AR, for Defendant. ORDER SUSAN WEBBER WRIGHT, District Judge. The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and the parties' objections. After carefully considering the objections and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended ... AFFILIATED REAL ESTATE APPRAISERS OF ARKANSAS, Plaintiff v. William MORAN, doing business as Premiere Realty Services, Defendants. , E.D.Ark., October 28, 2009 Victor D. Wright, III, Wright Law Firm, Little Rock, AR, for Plaintiff. William Moran, Hyannis, MA, pro se. Matthew Dean Black, James R. Wallace & Associates PLLC, Little Rock, AR, for Defendants. ORDER SUSAN WEBBER WRIGHT, District Judge. Before the Court is Defendant's motion (docket entry # 40) to vacate the default judgment entered in this case, and Plaintiff's response in opposition (docket entry # 42). After careful consideration, and for reasons that follow, Defendant's motion ... Larry THOMAS, et al., Appellants v. BARTON, AG, et al., Appellees. , E.D.Ark., October 28, 2009 Larry Thomas, Earle, AR, pro se. Rosie Lee Thomas, Earle, AR, pro se. James C. Hale, III, Hale, Young, Jackson & Partlow, Marion, AR, Gwendolyn Dewees Hodge, U.S. Attorney's Office, Little Rock, AR, for Defendants. ORDER WM. R. WILSON, JR., District Judge. Pending is Appellants' pro se appeal of a United States Bankruptcy Court Order denying Appellants' Motion for Relief under Federal Bankruptcy Rule of Procedure 9024, Motion to Reopen Case, and Amended Notice of Appeal. [FN1] The Un... Elmer L. CARTER, Plaintiff v. Angela BIDDINGS, Nurse, Pulaski County Regional Detention Center, et al., Defendants. , E.D.Ark., October 28, 2009 Elmer L. Carter, Pine Bluff, AR. pro se. ORDER BRIAN S. MILLER, District Judge. The court has reviewed the proposed findings and recommended partial disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the court concludes that the proposed findings and recommended partial disposition should be, and hereby are, approved and adopted in their entirety as this court's findings in all respects. IT IS THEREFORE ORDERED that: ... LEWIS & CLARK OUTDOORS, INC., Plaintiff/Counter-Defendant v. L.C. INDUSTRIES, INC., Defendant/Counter-Plaintiff. , W.D.Ark., October 27, 2009 Dennis Don Brown, Fellers Snider Blankenship Bailey Tippens PC, Tulsa, OK, Joseph P. McKay, Friday, Eldredge & Clark, LP, Little Rock, AR, Robert R. Estes, Attorney at Law, Fayetteville, AR, Terry W. Tippens, Fellers Snider Blankenship Bailey Tippens PC, Oklahoma City, OK, Blake Shannon Clardy, The Law Office of Blake S. Clardy, PLLC, Rogers, AR, for Plaintiff/Counter- Defendant. Curtis E. Hogue, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Fayetteville, AR, Daniel J. Voelker, Jenni... Daryl MORGAN, Administrator of the Estate of Gary Tucker, Plaintiff v. NATIONAL BANK OF KANSAS CITY, et al., Defendants. , E.D.Ark., October 27, 2009 Daryl Morgan, Little Rock, AR, pro se. ORDER R. WILSON, JR., District Judge. On October 6, 2009, Plaintiff, as Administrator of the Estate of Gary Tucker, proceeding pro se filed a complaint against several defendants regarding mortgaged property. Since Plaintiff is not a licensed attorney, his attempt to file a complaint as the administrator of an estate, when the estate has other interested parties, constitutes the unauthorized practice of law. Individuals who are not licensed attor... Tishaun Demetri STENHOUSE, Petitioner v. Larry NORRIS, Director, Arkansas Department of Correction, Respondent. , E.D.Ark., October 27, 2009 ORDER HENRY L. JONES, JR., United States Magistrate Judge. Tishaun Demetri Stenhouse petitioned for habeas corpus relief under 28 U.S.C. § 2254, and by Memorandum and Order entered on September 24, 2009, this court denied relief and dismissed the petition. He has now filed an Application for Certificate of Appealability for Proceedings under 28 U.S.C. § 2254. DE # 29. A certificate of appealability (COA) "should issue if the applicant has 'made a substantial showing of the denial of a consti... Texanna FINNEY, Plaintiff v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant. , W.D.Ark., October 27, 2009 Wayne W. Young, Wayne Young Law Firm, PA, Fayetteville, AR, for Plaintiff. Claude S. Hawkins, Jr., U.S. Attorney's Office, Fort Smith, AR, for Defendant. MEMORANDUM OPINION BARRY A. BRYANT, United States Magistrate Judge. Texanna Finney ("Plaintiff") brings this action pursuant to § 205(g) of Title II of the Social Security Act ("The Act"), 42 U.S.C. § 405(g) (2006), seeking judicial review of a final decision of the Commissioner of the Social Security Administration ("SSA") denying her ... HORTICA-FLORISTS' MUTUAL INSURANCE COMPANY, Plaintiff v. PITTMAN NURSERY CORPORATION, Donna Sue Pittman King, Pittman Properties Limited Partnership # 1, Dawood Aydani, Bill Feazell, trustee of a certain voting trust conferring in trust upon him al, W.D.Ark., October 27, 2009 ORDER HARRY F. BARNES, District Judge. Before the Court is Separate Defendant, Dawood Aydani's Motion to Dismiss Plaintiff's Second Amended Complaint filed on March 9, 2009. (Doc. 78). Plaintiff, Hortica-Florists' Mutual Insurance Company responded. (Doc. 85). The Court finds the matter ripe for consideration. BACKGROUND On June 27, 2007, Mr. Aydani filed suit against Pittman Nursery Corporation in the Circuit Court of Columbia County, Arkansas. Plaintiff denied coverage on the first count, b... Bernardo MARTINEZ, Petitioner v. T.C. OUTLAW, Warden, FCI, Forrest City, Arkansas, Respondent. , E.D.Ark., October 27, 2009 Bernardo Martinez, Forrest City, AR, pro se. Gwendolyn Dewees Hodge, U.S. Attorney's Office, Little Rock, AR, for Defendant. MEMORANDUM AND ORDER J. THOMAS RAY, United States Magistrate Judge. I. Background Pending before the Court is a § 2241 habeas Petition filed by Petitioner, Bernardo Martinez, a federal prisoner who is incarcerated at the Federal Correctional Complex-Low Security, located in Forrest City, Arkansas ("FCC Forrest City"). (Docket entry # 1). Respondent has filed a Respo... Randy LAWRENCE, Plaintiff v. Morgan PILE, et al., Defendants. , E.D.Ark., October 27, 2009 OPINION AND ORDER J. LEON HOLMES, District Judge. Pending before the Court is Randy Lawrence's motion to alter or amend the Court's August 24, 2009 order dismissing Lawrence's claim against the Hall entities. In that order, the Court concluded that Lawrence's fourth amended complaint failed to allege that the Hall entities acted in the interests of someone other than the participants and beneficiaries, knowingly provided false information or otherwise dealt with Lawrence in a dishonest manner... Raymond Allen DAVIS, Plaintiff v. T.C. OUTLAW, Warden, FCI-Forrest City, Arkansas, Defendant. , E.D.Ark., October 27, 2009 Raymond Allen Davis, Forrest City, AR, pro se. Clarence Daniel Stripling, U.S. Attorney's Office, Little Rock, AR, for Defendant. ORDER J. LEON HOLMES, District Judge. The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. After careful review of the Recommended Disposition, the timely objections received thereto, as well as a de novo review of the record, the Court concludes that the Recommended Disposition should be, and hereby is, approved and adopted as ... Rickey GOLDEN, ADC # 136148, Plaintiff v. Carol FRYE, Secretary, Arkansas Department of Correction, Clinton Hall, Major, Diagnostic Unit, Arkansas Department of Correction; Keith Waddle, Disciplinary Hearing Officer, Arkansas Department of Correcti, E.D.Ark., October 27, 2009 Rickey Golden, Pine Bluff, AR, pro se. Hester I. Criswell, Arkansas Attorney General's Office, Little Rock, AR, for Defendants. ORDER JAMES M. MOODY, District Judge. The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and the objections. After carefully considering Plaintiff's objections and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Dispos... James C. FUDGE, Plaintiff v. Judith BRANTLEY et al., Defendants. , E.D.Ark., October 27, 2009 James C. Fudge, Tucker, AR, pro se. Rickey McCarrell, Omaha, NE, pro se. ORDER WM. R. WILSON, JR., District Judge. The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. ... Joseph H. FLEISCHLI, Petitioner v. T.C. OUTLAW, Warden, FCI, Forrest City, AR, Respondent. , E.D.Ark., October 26, 2009 Joseph H. Fleischli, Forrest City, AR, pro se. Jeffrey Paul Lavicka, U.S. Attorney's Office, Little Rock, AR, for Respondent. ORDER J. LEON HOLMES, District Judge. The Court has reviewed the Proposed Findings and Recommended Disposition received from Magistrate Judge Jerry Cavaneau. There have been no objections. The Findings and Recommendations are adopted in their entirety as this Court's findings. Accordingly, judgment shall be entered denying this 28 U.S.C. § 2241 petition for wri... Shanquita TAYLOR, Plaintiff v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant. , W.D.Ark., October 26, 2009 Eric Lane Worsham, William Kirby Mouser, Baim Gunti Mouser & Havner, PLC, Pine Bluff, AR, for Plaintiff. Mark W. Webb, U.S. Attorney's Office, Fort Smith, AR, for Defendant. MEMORANDUM OPINION BARRY A. BRYANT, United States Magistrate Judge. Shanquita Taylor ("Plaintiff") brings this action pursuant to § 205(g) of Title II of the Social Security Act ("The Act"), 42 U.S.C. § 405(g) (2006), seeking judicial review of a final decision of the Commissioner of the Social Security Administratio... Phillip Alexander STEED, Plaintiff v. Corporal TOMLAN; Lorrie Bird, Jail Nurse; and Hunter Petray, Defendants. , W.D.Ark., October 26, 2009 Phillip Alexander Steed, Springdale, AR, pro se. Janan Arnold Davis, Jason E. Owens, Rainwater, Holt & Sexton, P.A ., Little Rock, AR, for Defendants. ORDER JIMM LARRY HENDREN, District Judge. Now on this 26th day of October 2009, comes on for consideration the Report and Recommendation of the Magistrate Judge, Hon. James R. Marschewski (document # 34, filed October 2, 2009), in this matter, to which no objections have been filed, and the Court, having carefully reviewed said Report and ... CITY OF PARAGOULD, ARKANSAS, Plaintiff v. Connie Burns WATKINS and Richard Watkins, Defendants/Third-Party Plaintiffs v. Mike Gaskill, et al., Third-Party Defendants. , E.D.Ark., October 26, 2009 Connie Burns Watkins, Paragould, AR, pro se. Richard Watkins, Paragould, AR, pro se. Robert L. Beard, Jr., Arkansas Municipal League, North Little Rock, AR, Donis B. Hamilton, Hamilton, Colbert & Scurlock, LLP, Paragould, AR, William B. Broadaway, Broadaway & Broadaway, Paragould, AR, for Third-Party Defendants. ORDER WM. R. WILSON, JR., District Judge. Pending are Third-Party Defendants' Motion to Strike Fifth Amended Counterclaim and Cross-Complaint (Doc. Nos.5, 6). Defendants have re... Jason Andrew BATES, Plaintiff v. Sheriff Keith FERGUSON; Captain Robert Holly; Deputy Morrison; Deputy Henning, Defendants. , W.D.Ark., October 26, 2009 Jason Andrew Bates, Bentonville, AR, pro se. ORDER JIMM LARRY HENDREN, District Judge. Now on this 26th day of October, 2009, comes on for consideration the Report and Recommendation of the Magistrate Judge, Hon. James R. Marschewski (document # 3, filed September 9, 2009), in this matter, to which no objections have been filed, and the Court, having carefully reviewed said Report and Recommendation, finds that it is sound in all respects, and that it should be adopted in toto . IT IS THERE... Gene RYAN, Plaintiff v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant. , W.D.Ark., October 23, 2009 ORDER HARRY F. BARNES, District Judge. Before the Court is the Report and Recommendation filed on October 2, 2009, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. No. 10). Ten (10) days have passed without objections being filed by the parties. The Court has reviewed the case, and being well and sufficiently advised, finds that the Report and Recommendation is proper and should be adopted in its entirety. Accordingly, the Court h... Danny MILLER, Special Administrator of the Estate of Luther Harold Brazeel, Plaintiff v. KANSAS CITY SOUTHERN RAILWAY COMPANY; Carl C. Myles; Steve Newcomer; and the City of Mena, Defendants. , W.D.Ark., October 23, 2009 ORDER JIMM LARRY HENDREN, District Judge. Now on this 23rd day of October, 2009, comes on for consideration plaintiff's Motion To Remand (document # 16), and from said motion, and the responses thereto, the Court finds and orders as follows: 1. Plaintiff filed this wrongful death suit in the Circuit Court of Polk County, Arkansas, alleging that defendants Kansas City Southern Railway Company ("KCS"), Carl C. Myles, and Steve Newcomer were negligent in various respects proximately relating ... UNITED STATES of America, Plaintiff v. Herbert Loren REEVES, Defendant. , E.D.Ark., October 23, 2009 John Ray White, U.S. Attorney's Office, Little Rock, AR, for Plaintiff. OPINION AND ORDER J. LEON HOLMES, District Judge. Herbert Loren Reeves has filed a petition under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. He asks that the Court vacate his conviction, dismiss the case, and order the Bureau of Prisons to release him. Reeves contends that the prosecutor lacked jurisdiction to prosecute the case, the Court lacked jurisdiction to hear the case, the probation office l... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com