U.S. District Courts - Georgia ©   Coverage   Help   Search Westlaw   Topic: AllBankruptcyCivil RightsCommercial Law & ContractsCommunicationsCriminal JusticeEducationFamily LawFinance & BankingFirst AmendmentGovernment BenefitsGovernment ContractsHealth & MedicineImmigrationInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsMilitary LawPension & Retirement BenefitsProducts LiabilityTransportation Damon SMITH, Plaintiff, v. James PEFANIS, et al., Defendants. and Evangelina Forsberg, Plaintiff, v. James Pefanis, et al., Defendants. , N.D.Ga., November 18, 2009 OPINION & ORDER J. OWEN FORRESTER, Senior District Judge. This matter is before the court on Plaintiff's motion to continue contempt sanctions against The Jeffries Group [137] filed in Civil Action No. 08-CV-1042-JOF. On July 17, 2008, Plaintiff issued several Rule 45 subpoenas to various individuals and entities. This order concerns only The Jeffries Group and its principal Lewis Jeffries, accountants for Defendants. The subpoena sought inter alia financial statements and records for Defe... Christy PRESSLEY, Plaintiff, v. Timothy MADISON, et al., Defendants. , N.D.Ga., November 17, 2009 ORDER AND OPINION RICHARD W. STORY, District Judge. Previously, this Court dismissed all of Plaintiff's claims with prejudice except for her claim that she had been forced to remove her hij ab while at the Barrow County Jail. (Order of Jan. 12, 2009[9].) The Court allowed Plaintiff thirty days to amend her complaint to make out a viable claim for relief in that regard. (Id. at 13-16.) Before Plaintiff's amended complaint [17] was docketed, however, she filed a notice of appeal [10], temporari... Brenda ROBINETTE, Plaintiff, v. CENTRAL STATE HOSPITAL, Defendant. , M.D.Ga., November 17, 2009 ORDER ON PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL C. ASHLEY ROYAL, District Judge. Plaintiff Brenda Robinette, acting pro se, filed a complaint in this Court on September 19, 2009, in which she alleged that Defendant Central State Hospital, as her employer, unlawfully terminated her because of her race in violation of Title VII, 42 U.S .C. § 2000e-5. Thereafter, Plaintiff filed a motion to proceed in forma pauperis, which this Court granted. See Order on Motion to Proceed In Forma Pauper... SEABOARD CONSTRUCTION COMPANY, Plaintiff, v. THE WEITZ COMPANY, LLC and Federal Insurance Company, Defendants. , S.D.Ga., November 17, 2009 ORDER ANTHONY A. ALAIMO, District Judge. Plaintiff, Seaboard Construction Company, filed the above-captioned case against Defendants, the Weitz Company, LLC, and Federal Insurance Company, asserting claims for breach of contract, unjust enrichment, open and stated account, and on a payment bond. The Court has diversity jurisdiction. Presently before the Court are the parties' cross-motions for summary judgment. Because genuine issues of material fact remain in dispute regarding whether thi... Nicolas RAMOS-BARRIENTOS, et al., Plaintiffs, v. Delbert C. BLAND, et al., Defendants. , S.D.Ga., November 17, 2009 ORDER B. AVANT EDENFIELD, District Judge. I. INTRODUCTION This case arises from the temporary employment of Mexican farm workers through the Department of Labor's H-2A program. The Defendants, Delbert C. Bland and Bland Farms, LLC (collectively "Bland Farms") hired the Plaintiffs and other H-2A guest workers in their onion planting and harvesting operations in and around Glennville, Georgia during the 2001 to 2006 seasons. Doc. # 118 at 1-2. Plaintiffs have brought Fair Labor Standards Act ("... UNITED STATES of America, v. Peter L. WASHINGTON. , S.D.Ga., November 17, 2009 ORDER ANTHONY A. ALAIMO, District Judge. After an independent review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. Defendant Washington is competent to stand trial. SO ORDERED. MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION JAMES E. GRAHAM, United States Magistrate Judge. Defendant Peter Washington (... David OJEDA-SANCHEZ, et al. and all others similarly situated, Plaintiffs, v. Delbert C. BLAND, et al., Defendants. , S.D.Ga., November 17, 2009 ORDER B. AVANT EDENFIELD, District Judge. I. INTRODUCTION Plaintiffs David Ojeda-Sanchez, Florencio Cortes-Gonzalez, Alfonso Guerrero-Hernandez, Arturo Morales-Morales, Raul Morales-Morales, Oscar Antonio Morales-Ramirez, Juan Pablo Ortiz-Rocha, and Javier Guerrero-Carrillo were H-2A guest workers in Defendants' onion planting and harvesting operations in and around Glennville, Georgia during the 2005 to 2008 seasons. Doc. 51 at 1; 15-2 at 1. Plaintiffs assert several claims against defendant... Michael Tyrone ADAMS, Petitioner, v. UNITED STATES of America, Respondent. , S.D.Ga., November 16, 2009 ORDER WILLIAM T. MOORE, JR., Chief Judge. Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 10), to which no objections have been filed. After a careful review of the record in this case, the Court concurs with the Magistrate Judge's Report and Recommendation. Therefore, the Court ADOPTS the Report and Recommendation as its Opinion in this case. Petitioner's sentence in the underlying criminal case, 3:05-cr-024, is VACATED and an identical sentence is REIMPOSED. The ... Tyron STAFFORD, Petitioner, v. Terry DUFFEY, Warden, Respondent. , S.D.Ga., November 16, 2009 ORDER B. AVANT EDENFIELD, District Judge. After a careful de novo review of the record in this case, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. SO ORDERED. REPORT AND RECOMMENDATION G.R. SMITH, United States Magistrate Judge. Tyron Stafford, who is currently incarcerated at Autry State Prison in Pelham, Georgia, has pe... Jose Marcial REYES-FUENTES, et al., Plaintiffs, v. SHANNON PRODUCE FARM, INC., et al., Defendants. , S.D.Ga., November 16, 2009 Dawson Morton, Lisa J. Krisher, Georgia Legal Services, Atlanta, GA, William J. Cobb, Cobb & Gardner, LLP, Decatur, GA, for Plaintiffs. J. Larry Stine, Wimberly, Lawson, Steckel, Nelson & Schneider, PC, Atlanta, GA, for Defendants. ORDER B. AVANT EDENFIELD, District Judge. I. BACKGROUND Plaintiffs in this Fair Labor Standards Act (FLSA) suit are fourteen Mexican farm workers who were legally employed in the United States between 2000 and 2005 on defendant Shannon Produce Farm, Inc.'s Ge... Carol WILKERSON, Plaintiff, v. STATESBORO FINANCE CO., and CBA of GA, Defendants. , S.D.Ga., November 16, 2009 ORDER B. AVANT EDENFIELD, District Judge. After a careful de novo review of the record in this case, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. SO ORDERED. REPORT AND RECOMMENDATION G.R. SMITH, United States Magistrate Judge. Carol Wilkerson, a repeat filer in this Court, [FN1] brings this "Privacy Act of 1974" case ag... George Patrick EDENFIELD, Petitioner, v. Terry DUFFEY, Warden, Respondent. , S.D.Ga., November 16, 2009 ORDER B. AVANT EDENFIELD, District Judge. After an independent review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. Respondent's Motion to Dismiss is GRANTED. The petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, is DISMISSED with prejudice, as it was not timely filed. The Clerk of ... Toney SMITH a/k/a Rapp Ware, Movant, v. UNITED STATES of America, Respondent. , S.D.Ga., November 16, 2009 ORDER B. AVANT EDENFIELD, District Judge. After a careful de novo review of the record in this case, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. SO ORDERED. REPORT AND RECOMMENDATION G.R. SMITH, United States Magistrate Judge. Toney Smith moves over the government's opposition for 28 U.S.C. § 2255 relief. (Doc. 1. [F... Robert Theophilus DAUPHIN, Plaintiff, v. John McHUGH, Secretary of the Army, Defendant. , S.D.Ga., November 16, 2009 ORDER B. AVANT EDENFIELD, District Judge. After a careful de novo review of the record in this case, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. SO ORDERED. REPORT AND RECOMMENDATION G.R. SMITH, United States Magistrate Judge. Plaintiff Robert Dauphin has filed his second pro se employment discrimination complaint ag... Charles Alexander BOWE, Movant, v. UNITED STATES of America. , S.D.Ga., November 16, 2009 ORDER B. AVANT EDENFIELD, District Judge. Habeas movant Charles Alexander Bowe moves this Court for a Certificate of Appealability (COA) so that he may appeal this Court's Order, doc. # 32, denying his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Doc. # 37. To obtain a COA, a § 2255 movant must show not only that one or more of the claims he has raised presents a substantial constitutional issue, but also that there is a substantial issue about the cor... Jeffrey Reshun STERLING, Plaintiff, v. JohnnY SMITH and Joseph Burnette, Defendants. , S.D.Ga., November 16, 2009 ORDER B. AVANT EDENFIELD, District Judge. After an independent and de novo review of the entire record, the undersigned concurs in part with the Magistrate Judge's Report and Recommendation, to which Objections have been filed. In their objections, Defendants state that Plaintiff cannot be awarded punitive damages without alleging a physical injury. After review of the case law, the Court finds that 42 U.S.C. § 1997e(e) bars Plaintiff's request for punitive damages. Defendants' Motion to D... William L. WRIGHT, Plaintiff, v. ARIZONA CHEMICAL COMPANY and Arizona Chemical Company, LLC, Defendants. , M.D.Ga., November 16, 2009 ORDER HUGH LAWSON, District Judge. This matter is before the Court on Plaintiff's Motion to Quash Defendant's Subpoena to John W. Davis and for Protective Order (Doc. 50) (the "Motion"). For the following reasons, the Motion is granted. I. Factual Background Plaintiff alleges that he was injured in May 2006 when he was working with an acetylene torch at a facility owned or operated by one of the Defendants. The Defendants, Plaintiff alleges, failed either to remove flammable chemicals from... Ervin E. FOX, Plaintiff, v. RECORD MANAGER OF the GEORGIA DEPARTMENT OF CORRECTIONS; Director of Department of Corrections; George Asinc, Chatham County Assistant District Attorney; Spencer Lawton, Chatham County District Attorney, Defendants. , S.D.Ga., November 16, 2009 ORDER B. AVANT EDENFIELD, District Judge. After a careful de novo review of the record in this case, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. SO ORDERED. REPORT AND RECOMMENDATION G/R. SMITH, United States Magistrate Judge. Before the Court is plaintiff Ervin E Fox's 42 U.S.C. § 1983 civil rights complaint. (Do... Anita CONNOR, Plaintiff, v. PUBLIC STORAGE, INC., Defendant. , N.D.Ga., November 16, 2009 ORDER THOMAS W. THRASH, JR., District Judge. This is an employment discrimination case. It is before the Court on the Defendant's Motion for Summary Judgment [Doc. 42]. For the reasons set forth below, the Motion is GRANTED. I. Background On April 22, 2002, Shurgard Storage Centers, Inc. hired Anita Connor for the job of Manager-in-Training at its Dunwoody, Georgia location. Shurgard owned and operated self-storage facilities. Connor's job duties involved selling storage space and truck ren... The UNITED STATES for the use and benefit of Richard A. CARTER, Plaintiff, v. FREEDOM DEMOLITION, INC.; Hunt Building Company, Ltd.; Fidelity and Deposit Company of Maryland; and Federal Insurance Company, Defendants. , M.D.Ga., November 13, 2009 ORDER ON DEFENDANTS' MOTION TO DISMISS AND PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT C. ASHLEY ROYAL, District Judge. Currently before the Court are Plaintiff's Motion for Default Judgment against Freedom Demolition, Inc. [Doc. 12], and the Motion to Dismiss filed by Defendants Hunt Building Company, Ltd.; Fidelity and Deposit Company of Maryland; and Federal Insurance Company [Doc. 7]. For the reasons expressed herein, Defendants' Motion to Dismiss [Doc. 7] is GRANTED, and Plaintiff's Motion f... Robert ADKISON, Jr., Plaintiff, v. Brian OWENS, Alan Adams, Dr. Goel, Hale Burnside, Calvin Ramsey, and Georgia Dept. of Corrections, Defendants. , M.D.Ga., November 13, 2009 ORDER ON RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE C. ASHLEY ROYAL, District Judge. Before the Court is the United States Magistrate Judge's Recommendation [Doc. 10] that the Court dismiss Plaintiff's claims against Defendants GEORGIA DEPARTMENT OF CORRECTIONS, BRIAN OWENS, ALAN ADAMS, and CALVIN RAMSEY. Plaintiff has filed no objection to the Recommendation. Upon review of the Recommendation and the record in this case, the Court agrees with the conclusions of the United States M... Ayanna ROBINSON and Elliott Robinson, Plaintiffs, v. AIRTRAN AIRWAYS, INC., et al., Defendants. , N.D.Ga., November 13, 2009 ORDER THOMAS W. THRASH, JR., District Judge. This is a personal injury action. The Plaintiff Ayanna Robinson was groped by a drunken fellow passenger on an AirTran flight. Georgia law does not allow her to recover from AirTran unless she suffered a physical injury which she did not. Therefore, the Defendant AirTran's Motion for Summary Judgment [Doc. 48] is GRANTED. I. Background This case arises out of an incident on November 3, 2007, involving AirTran passenger and Co-defendant Raymond Le... UNITED STATES of America, v. Grover BELL, Defendant. , M.D.Ga., November 12, 2009 ORDER HUGH LAWSON, Senior District Judge. Defendant Grover Bell ("Bell") has been charged with possession of marijuana and possession of a firearm by a convicted felon. These charges arise from a traffic stop on March 8, 2009. During that stop, Macon Police Department officers discovered marijuana and a gun in Bell's vehicle. Bell has filed a Motion to Suppress the gun and marijuana (Doc. 23). A hearing on the Motion was held on November 9, 2009. After hearing witness testimony and argument f... FPL FOOD, LLC, Plaintiff, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Chuck Conner, Acting Secretary, United States Department of Agriculture, and Gary Casella, in his official and individual capacity, Defendants. , S.D.Ga., November 12, 2009 ORDER LISA GODBEY WOOD, District Judge. Presently before the Court is Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint. (Dkt.# 46.) According to the allegations of FPL's Second Amended Complaint, a United States Department of Agriculture ("USDA") inspector assigned to ensure regulatory compliance at a beef processing plant sexually harassed and retaliated against the employees of that plant. The harassment and retaliation allegedly continued from 2004 to 2007. In November 20... Patricia H. BRANCH, Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, d/b/a/ Cigna Group Insurance, et al., Defendants. , M.D.Ga., November 11, 2009 ORDER CLAY D. LAND, District Judge. This action arises in part from Defendant Life Insurance Company of North America's ("LINA") denial of Plaintiff's long term disability benefits. Plaintiff contends that LINA, operating under a conflict of interest, improperly denied her long term disability benefits, in violation of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq. In support of her claim, Plaintiff seeks certain discovery which she contends is related... Tracy MILLER, Plaintiff, v. Ronald KING; Johnny Sikes; the Georgia Department of Corrections; the State of Georgia; Hugh Smith, Warden, Steve Roberts; Dr. Carolyn Mailloux; Lisa Waters Johnson; Victor L. Walker; Dennis Brown; James Donald; Joseph P, S.D.Ga., November 10, 2009 ORDER JAMES E. GRAHAM, United States Magistrate Judge. On September 21, 2009, the undersigned entered an Order granting in part and denying in part Defendants' Motion for Summary Judgment. Defendants filed a Motion for Reconsideration of that Order, Plaintiff responded, and Defendants filed a Reply. Defendants raised two (2) issues in their Motion, which the undersigned now addresses. I. Exhaustion Defendants contend that Plaintiff failed to exhaust his administrative remedies regarding event... Michael B. KING, Plaintiff, v. Eric FARRIS et. al., Defendants. , M.D.Ga., November 10, 2009 ORDER ON PLAINTIFF'S MOTION FOR RECONSIDERATION AND DEFENDANTS' MOTION FOR ATTORNEYS' FEES C. ASHLEY ROYAL, District Judge. Currently before the Court are Plaintiff's Motion for Reconsideration of the Order Awarding Defendants' Attorney Fees [Doc. 23] and Defendants' Motion for Attorneys' Fees Pursuant to Rule 11 [Doc. 25]. For the reasons explained herein, the Court DENIES Plaintiff's Motion for Reconsideration [Doc. 23], and GRANTS Defendants' Motion for Attorneys' Fees [Doc. 25]. BACKGRO... Thomas FORD, Jr., Petitioner, v. UNITED STATES of America, Respondent. , M.D.Ga., November 10, 2009 ORDER ON RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE C. ASHLEY ROYAL, District Judge. Before the Court is the Recommendation of the United States Magistrate Judge (Doc. 47) that Petitioner's Motion to Vacate, Set Aside, or Correct his Sentence pursuant to 28 U.S.C. § 2255 be denied. Petitioner has entered an objection to the Recommendation. Upon review of Petitioner's objection and the Recommendation, and a de novo review of the record of the case, this Court agrees with the findings... UNITED STATES of America, v. Ehsanul Islam SADEQUEE, Defendant. , N.D.Ga., November 10, 2009 David E. Nahmias, Katherine Monahan Hoffer, Robert C. McBurney, Christopher Bly, Jane Elizabeth McBath, Office of the United States Attorney, Atlanta, GA, Alexis L. Collins, Department of Justice, Washington, DC, for United States of America. OPINION AND ORDER WILLIAM S. DUFFEY, JR., District Judge. This matter is before the Court on Defendant Ehsanul Islam Sadequee's ("Defendant Sadequee") Motion for a New Trial [590]. I. BACKGROUND On August 12, 2009, Defendant Sadequee was convicted... William Lorenzo GOOLSBY, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , M.D.Ga., November 10, 2009 ORDER ON PLAINTIFF'S MOTION FOR RECONSIDERATION C. ASHLEY ROYAL, District Judge. Currently before the Court is Plaintiff William Lorenzo Goolsby's Motion for Reconsideration [Doc. 18] of the Court's Order and Judgment adopting the Report and Recommendation of United States Magistrate Judge G. Mallon Faircloth and dismissing Plaintiff's case. The Court concluded that Plaintiff failed to establish that he exhausted his administrative remedies through the Social Security Administration, and ther... David Earl POMAR, Petitioner, v. WARDEN, FEDERAL SATELLITE LOW, Respondent. , S.D.Ga., November 10, 2009 ORDER LISA GODBEY WOOD, District Judge. After an independent review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. The Motion to Vacate Sentence, filed pursuant to 28 U.S.C. § 2241 is DISMISSED, without prejudice. The Clerk of Court is hereby authorized and directed to enter an appropriate Judgment of Dis... Larry USHER, Petitioner, v. Don JARRIEL, Warden, Respondent. , M.D.Ga., November 9, 2009 ORDER HUGH LAWSON, District Judge. This case is before the Court on the Recommendation (Doc. 16) of United States Magistrate Judge Claude W. Hicks, Jr. on Petitioner Larry Usher's Petition for Writ of Habeas Corpus (Doc. 1) (the "Petition"). The Recommendation recommends dismissing the Petition as untimely filed. Petitioner failed to file an objection before the time proscribed by the Recommendation, but this Court granted Petitioner an extension to file any objections he had. Petitioner has ... UNITED STATES of America v. Benjamin Sheftall EICHHOLZ. , S.D.Ga., November 9, 2009 Brian T. Rafferty, Frederick William Kramer, III, James D. Durham, Natalie Cavanaugh Lee, U.S. Attorney's Office, Savannah, GA, Edmund A. Booth, Jr., U.S. Attorney's Office, Augusta, GA, for United States of America. Charles J. Bowen, Weinstock & Scavo, PC, Julie M. Wade, The Wade Law Firm, Savannah, GA, Michael Weinstock, Richard V. Merritt, Weinstock & Scavo, PC, Atlanta, GA, for enjamin Sheftall Eichholz. ORDER GEORGE R. SMITH, United States Magistrate Judge. On September 14, 2009, t... Timothy Monroe MULLINS, Petitioner, v. David FRAZIER, Warden, Respondent. , S.D.Ga., November 9, 2009 Timothy Monroe Mullins, Sparta, pro se. David Allan Zisook, Paula K. Smith, Dept. of Law GA Attorney General's Office, Atlanta, for Respondent. ORDER ANTHONY A. ALAIMO, District Judge. On October 8, 2009, Magistrate Judge James E. Graham entered a report and recommendation suggesting dismissal of Petitioner's case. Judge Graham concluded that petitioner's habeas corpus claim was filed untimely under the Antiterrorism and Effective Death Penalty Act. In his objection, Petitioner assert... Alton E. HILTON, Petitioner, v. UNITED STATES of America, Respondent. , M.D.Ga., November 9, 2009 Harry J. Fox, Jr., Macon, GA, for Plaintiff. ORDER HUGH LAWSON, District Judge. This matter is before the court on Petitioner Alton Hilton's Motion for Relief from Final Judgment; Alternatively, Motion for Resentencing or Other Appropriate Relief (Doc. 109) (the "Motion for Reconsideration"), Hilton's Motion to Supplement/Amend Motion for Relief from Final Judgment (Doc. 111) (the "Motion to Amend"), and Hilton's Motion for a Ruling on the Motion for Relief from Final Judgment (Doc. 113) (t... Elechia GIBSON, Plaintiff, v. WAL-MART STORES EAST, LP, Wal-Mart Stores East, Inc., Wal-Mart Stores, Inc., and Kevin McCuen, Defendants. , M.D.Ga., November 9, 2009 ORDER HUGH LAWSON, District Judge. This matter is before the Court on Plaintiff's Motion to Remand (Doc. 7) (the "Motion"). For the following reasons, the Motion is denied. The Plaintiff originally filed this suit, a slip and fall case, in the State Court of Bibb County, Georgia against Wal-Mart Stores East, LP, Wal-Mart Stores East, Inc., Wal-Mart Stores, Inc., (the "Wal-Mart Defendants") and Kevin McCuen. The Wal-Mart Defendants filed a Notice of Removal (Doc. 1), thereby removing the ca... Michael McKINNIE, Plaintiff, v. Gene BOSEMAN, Chief Investigator, et al., Defendants. , S.D.Ga., November 9, 2009 ORDER J. RANDAL HALL, District Judge. After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed. [FN1] Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Defendants Wade and the Waynesboro Police Department, as well as Plaintiff's claim for injunctive relief, are DISMISSED. FN1. Plaintiff's objections also include a request for the ... Kwabena MAWULAWDE, M.D., Plaintiff, v. BOARD OF REGENTS OF the UNIVERSITY SYSTEM OF GEORGIA, MCG Health, Inc., d/b/a MCG Healthcare, Daniel W. Rahn, M.D., individually and in his official capacity as President, Medical College of Georgia, David Ste, S.D.Ga., November 9, 2009 ORDER J. RANDAL HALL, District Judge. Presently before the Court are Plaintiff's Motion to Review Taxation of Costs Awarded by Clerk to Private Defendants and Plaintiff's Motion to Review Taxation of Costs Awarded by Clerk to State Defendants. [FN1] (Docs. no. 354, 355.) For the reasons given below, Plaintiff's Motions are GRANTED IN PART and DENIED IN PART. FN1. The Court refers to the arguments in Plaintiff's motions as objections to costs taxed. Plaintiff, a cardiothoracic surgeon, is ... Avery Lamar MILLER, Plaintiff, v. R.L. CONWAY, Sheriff, et al., Defendants. , N.D.Ga., November 9, 2009 ORDER and OPINION THOMAS W. THRASH, JR., District Judge. This matter is before the Court after remand from the Eleventh Circuit Court of Appeals and on Plaintiff's motion to perfect service (Doc. No. 32), motion for modification or clarification of ruling (Doc. No. 33), motion to remove defendants (Doc. No. 34), and motion to include additional defendants (Doc. No. 35). Additionally, this Court initially granted Plaintiff in forma pauperis status for the purpose of dismissal (Doc. No 5), and ... Arick Graham DAIL, Petitioner, v. UNITED STATES of America, Respondent. , S.D.Ga., November 9, 2009 ORDER ANTHONY A. ALAIMO, District Judge. After an independent review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. The Motion to Vacate Sentence, filed pursuant to 28 U.S.C. § 2255, is DENIED in part and DISMISSED in part. The Clerk of Court is hereby authorized and directed to enter an appropriate Judgm... Ronald Edward POPE, Petitioner, v. Daniel STONE, Warden, et al., Respondents. , S.D.Ga., November 9, 2009 ORDER DUDLEY H. BOWEN, District Judge. After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed. (Doc. no. 10). Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Respondent Baker's "Motion to Dismiss Attorney General Baker as an Improper Party Respondent" (doc. no. 5) is GRANTED, Thurbert Baker is DISMISSED as an improper party Re... Ronald STERN, Plaintiff, v. FEDERAL BUREAU OF PRISONS, Defendant. , S.D.Ga., November 9, 2009 ORDER ANTHONY A. ALAIMO, District Judge. On October 5, 2009, Magistrate Judge James E. Graham entered a report and recommendation suggesting dismissal of Plaintiff's case. Judge Graham concluded that the prisoner's argument, that the Bureau of Prisons should not have set a restitution payment schedule, was procedurally defaulted because it was not raised on direct appeal. After an independent review of Stern's objections to the Magistrate Judge's findings, the Court concurs with the Magist... Nathaniel Smith THURSTON, Jr., Petitioner, v. UNITED STATES of America and Warden, Federal Correctional Institution--Jesup, Respondents. , S.D.Ga., November 9, 2009 ORDER ANTHONY A. ALAIMO, District Judge. On September 24, 2009, Magistrate Judge James E. Graham entered a report and recommendation suggesting dismissal of Petitioner's case. Judge Graham concluded that Thurston could not elude the requirements of 28 U.S.C. § 2255 by styling his motion as one pursuant to 28 U.S.C. § 2241. Presently before the Court are Thurston's objections to the report and recommendation. After an independent review of Thurston's objections to the Magistrate Judge's fin... Phillip MORAN, Jr., Petitioner, v. J. Darrell HART, Warden, Respondent. , S.D.Ga., November 9, 2009 ORDER ANATHONY A. ALAIMO, District Judge. After an independent review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. The petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, is DISMISSED, without prejudice, due to Petitioner's failure to exhaust his state remedies. The Clerk of Court is... Marvin CAMPBELL, Petitioner, v. UNITED STATES of America, Respondent. , S.D.Ga., November 9, 2009 ORDER ANATHONY A. ALAIMO, District Judge. After an independent review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. The Motion to Vacate Sentence, filed pursuant to 28 U.S.C. § 2255, is DISMISSED. The Clerk of Court is hereby authorized and directed to enter an appropriate Judgment of Dismissal. SO OR... Sandra Denise DIGGS, Plaintiff, v. Eric K. SHINSEKI, Secretary, Department of Veterans Affairs, Defendant. , S.D.Ga., November 9, 2009 Sandra Denise Diggs, Augusta, pro se. ORDER J. RANDAL HALL, District Judge. After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Plaintiff's case is DISMISSED for lack of jurisdiction, and this civil action is CLOSED. SO ORDERED. MAGISTRATE JUDGE'S REPORT AND RECOMMENDA... Barbara SETCHEL, Plaintiff, v. HART COUNTY SCHOOL DISTRICT, et al., Defendants. , M.D.Ga., November 6, 2009 ORDER CLAY D. LAND, District Judge. Plaintiff alleges that Defendants violated her federal and state due process rights when they demoted her to a teacher position and unilaterally eliminated her local salary supplement. Defendants respond that existing state law remedies were available to Plaintiff which provide adequate due process, and thus her constitutional due process rights have not been violated. Defendants therefore seek dismissal of Plaintiff's Complaint for failure to state a claim... Samuel Smith HARRIS, Plaintiff, v. Staff Sgt. SEWELL, of the Lumpkin County Detention Center, Defendant. , N.D.Ga., November 6, 2009 ORDER RICHARD W. STORY, District Judge. Plaintiff, Samuel Smith Harris, presently confined at the Hall County Detention Center in Gainesville, Georgia, has been granted leave to proceed in forma pauperis in the instant pro se civil rights action. The matter is now before the court for a 28 U.S.C. § 1915A frivolity determination and on Plaintiff's motions seeking a court order to gain access to the law library [Docs. 4 and 7]. I. The Standard of Review Pursuant to 28 U.S.C. § 1915A, a feder... GRACEWAY PHARMACEUTICALS, LLC and Chester Valley Pharmaceuticals, LLC, Plaintiffs, v. RIVER'S EDGE PHARMACEUTICALS, LLC, Defendant. , N.D.Ga., November 6, 2009 ORDER RICHARD W. STORY, District Judge. This case is before the Court on Defendant's Motion for Summary Judgment [129], Defendant's Motion to Compel Discovery [105], Defendant's Emergency Motion to Extend Discovery for Limited Purposes [109], Defendant's Motion for Leave to File Amended Motion [181], and Plaintiff's Motion for Leave to File a Surreply Brief in Opposition to Defendant's Motion for Summary Judgment [177]. After reviewing the entire record, the Court enters the following order. ... Regions BANK, Plaintiff, v. HOMES BY WILLIAMSCRAFT, INC., et al., Defendants. , N.D.Ga., November 6, 2009 Bryan Glover, Gary W. Farris, Burr & Forman, LLP, Atlanta, GA, for Plaintiff. John Anthony Christy, Schreeder Wheeler & Flint, LLP, Atlanta, GA, for Defendants. ORDER THOMAS W. THRASH, JR., District Judge. This is a breach of contract action. It is before the Court on the Plaintiff's Motion for Judgment on the Pleadings [Doc. 9], which is GRANTED in part and DENIED in part. I. Background In 2006 and 2007, Defendants Homes by Williamscraft and B. Wilmont Williams (collectively "William... In re Marvin B. SMITH, III and Sharon H. Smith, Plaintiffs, v. REGIONS BANK and Regions Mortgage, Defendants. , S.D.Ga., November 6, 2009 ORDER ANTHONY A. ALAIMO, District Judge. Plaintiffs, Marvin Smith and Sharon Smith, filed the above-captioned case entitled "motion to reconsider claim of Regions Bank and emergency motion to reimpose automatic stay." In effect, Plaintiffs' filing seeks to have this Court reconsider the bankruptcy court's decision granting Defendants stay relief, and to impose an injunction or restraining order to prevent Defendants from selling the property located at 121 West King Street, Edenton, Chowan Co... UNITED STATES of America v. Keisha Lashea JOHNSON, Defendant. , S.D.Ga., November 6, 2009 ORDER WILLIAM T. MOORE, JR., Chief Judge. Before the Court is the Government's Motion for Order of Forfeiture. (Doc. 29.) Defendant Keisha Lashea Johnson pled guilty to one count of Fraud in Connection with Access Devices in violation of 18 U.S.C. § 1029(a)(2), and one count of Unlawful Transfer, Possession or Use of a Means of Identification in violation of 18 U.S.C. § 1028(a)(1). (Doc. 30.) As part of the Plea Agreement, Defendant acknowledged that she derived $7,705.66 from these offenses... Don Gordon HENRY, Petitioner v. UNITED STATES Of America, Respondent. , M.D.Ga., November 5, 2009 ORDER HUGH LAWSON, District Judge. Before the Court is petitioner DON GORDON HENRY'S Certificate of Appealability ("COA") from the Court's August 5, 2009 order, which adopted Magistrate Judge G. Mallon Faircloth's recommendation that petitioner's 28 U.S.C. § 2255 motion be denied. Under section 2253(c)(2), a COA may issue only if the applicant makes "a substantial showing of the denial of a constitutional right." This requires a petitioner to demonstrate that "reasonable jurists would find th... UNITED STATES of America v. Alfonso Alverez BANDA. , S.D.Ga., November 5, 2009 ORDER W. LEON BARFIELD, United States Magistrate Judge. Before the Court are the various pre-trial and discovery motions filed by Defendant Alfonso Alverez Banda. The United States of America, by and through its attorney, Joseph D. Newman, Acting United States Attorney, and Patricia Green Rhodes, Assistant United States Attorney, has filed a combined response to these motions. GENERAL DISCOVERY MOTION As to Defendant's general discovery requests, the government responds that it has provided... Raymond STEPHENS, Sr., Plaintiff, v. GEORGIA DEPARTMENT OF TRANSPORTATION, State of Georgia et al., Defendants. , M.D.Ga., November 4, 2009 Roy Miller, Macon, GA, for Plaintiff. Annette M. Cowart, Dept. of Law, State of Georgia, Atlanta, GA, for Defendants. ORDER ON DEFENDANTS' MOTION TO DISMISS AND PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT C. ASHLEY ROYAL, District Judge. Currently before the Court are Defendants' Motion to Dismiss in Lieu of Answer [Doc. 19], and Plaintiff Raymond Stephens's Motion for Default Judgment [Doc. 25]. For the reasons explained herein, Defendants' Motion to Dismiss [Doc. 19] is GRANTED in part and... Larry THOMAS, Sr., Petitioner, v. Brian OWENS, Respondent. , M.D.Ga., November 4, 2009 ORDER ON MOTION FOR RECONSIDERATION C. ASHLEY ROYAL, District Judge. Before the Court is a Motion for Reconsideration [Doc. 26] pursuant to Federal Rule of Civil Procedure 59(e) wherein Petitioner seeks to have this Court reconsider its Order [Doc. 24] adopting the Report and Recommendation of the United States Magistrate Judge [Doc. 21] and granting dismissal of his habeas corpus petition. In addition, Petitioner asks the Court to consider untimely amendments he has made in the form of an A... Rodracius STEPHENS, Plaintiff v. Michael BOLIN, Officer, Defendant. , M.D.Ga., November 4, 2009 ORDER CLAUDE W. HICKS, JR., United States Magistrate Judge. Plaintiff RODRACIUS STEPHENS, presently confined at the Baldwin County Jail in Milledgeville, Georgia, has filed a pro se civil rights complaint under 42 U.S.C. § 1983. Tab # 1. I. BACKGROUND This case arises out of the February 23, 2009, arrest of plaintiff at the apartment of Mrs. Starlin Glen. According to plaintiff, someone reported to police that a suspicious black male had been walking around the apartment complex in which Mr... Joseph JORDAN, Sr., Petitioner, v. UNITED STATES of America, Respondent. , M.D.Ga., November 3, 2009 ORDER ON THE RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE C. ASHLEY ROYAL, District Judge. Before the Court is the Report and Recommendation [Doc. 330] from United States Magistrate Judge G. Mallon Faircloth, that recommends Petitioner's Motion for Writ of Error Audita Querela be denied as failing to state a cause of action upon which this Court may grant relief. The Magistrate Judge has undertaken a thorough review of the record of this case to examine Petitioner's claims. Petitioner... Dennis James CLARK, Plaintiff v. Counselor Mareka AMICA, et al., Defendants. , M.D.Ga., November 3, 2009 ORDER TO RECAST CLAUDE W. HICKS, JR., United States Magistrate Judge. Plaintiff DENNIS JAMES CLARK has filed a pro se civil rights complaint under 42 U.S.C. § 1983. Plaintiff's application to proceed in forma pauperis has been granted by separate order entered this date. Notwithstanding that plaintiff is being allowed to proceed IFP, he must nevertheless pay the full amount of the $350 .00 filing fee, as will be directed in a subsequent order of this Court. I. BACKGROUND Plaintiff, current... Eliott Leon WILLIAMSON, Plaintiff, v. Tommy GREGORY, Sheriff; Captain Hamilton; Lt. Josh Baker; Sgt. Watson; Dr. Charles Harden; and Grant Porter, EMT, Defendants. , S.D.Ga., November 3, 2009 ORDER LISA GODBEY WOOD, District Judge. After an independent review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. Plaintiff's claims against Defendants Harden and Porter are DISMISSED. SO ORDERED. MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION JAMES E. GRAHAM, United States Magistrate Judge. Plaintiff, ... Frank Elijah DENEGAL, Petitioner, v. WAYNE COUNTY SHERIFF'S DEPARTMENT, Respondent. , S.D.Ga., November 3, 2009 Frank Elijah Denegal, Soperton, GA, pro se. Richard K. Strickland, Brown, Readdick, Bumgartner, Carter, Strickland & Watkins, LLP, Brunswick, GA, for Respondent. ORDER LISA GODBEY WOOD, District Judge. After an independent review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. Respondent's Motion to D... UNITED STATES of America v. John Mark SHELNUTT, Defendant. , M.D.Ga., November 2, 2009 ORDER CLAY D. LAND, District Judge. A reporter for the Columbus Ledger-Enquirer newspaper has requested that he be allowed to use his handheld electronic device (e.g., a BlackBerry or cellular telephone) during the trial of the above-captioned criminal case to send electronic messages describing the court proceedings directly from the courtroom to his newspaper's "Twitter" website. [FN1] The messages, called "tweets," would then be available to any member of the general public who accessed th... N.V. Roger Vanden BERGHE, a company formed under the laws of Belgium, Plaintiff, v. MAHDAVI'S and A & A Rug Company, Inc., a Georgia corporation, and Ebrahim Mahdavi, an individual, Defendants. , N.D.Ga., October 30, 2009 OPINION AND ORDER WILLIAM S. DUFFEY, JR., District Judge. This matter is before the Court on Plaintiff N.V. Roger Vanden Berghe's ("Plaintiff") Second Revised Motion for Entry of Default Judgment against Defendant Mahdavi's and A & A Rug Company, Inc. ("Mahdavi's") [54]. I. BACKGROUND This case is about Defendant Mahdavi's failure to pay Plaintiff for rugs sold to Defendant Mahdavi's by Plaintiff. Plaintiff claims Defendant Mahdavi's currently has fifty-one unpaid and outstanding invoices... J & J SPORTS PRODUCTIONS, INC., as Broadcast Licensee of the October 18, 2008 Pavlik/Hopkins Program, Plaintiff, v. Latriece R. FITZGERALD, Individually, and as officer, director, shareholder and/or principal of the Playing Field, LLC d/b/a the Pla, N.D.Ga., October 30, 2009 OPINION AND ORDER WILLIAM S. DUFFEY, JR., District Judge. This matter is before the Court on Plaintiff J & J Sports Productions, Inc.'s ("Plaintiff") Motion for Default Judgment against Defendant The Playing Field, LLC, d/b/a The Playing Field Sports Bar & Grill, a/k/a The Playing Fields LLC ("Defendant") [9]. I. BACKGROUND Plaintiff claims that Defendant violated 47 U.S.C. § 605 and § 553 of the Communications Act of 1934, as amended, by unlawfully intercepting, receiving, and exhibiting the... Anthony BARRON, Plaintiff v. Michael J. ASTRUE, Defendant. , M.D.Ga., October 30, 2009 ORDER ON REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE HUGH LAWSON, Senior District Judge. The Recommendation of the United States Magistrate Judge (Doc. 9) filed October 6, 2009 has been read and considered and is, hereby, approved, adopted and made the Order of the Court. No objections to the Magistrate Judge's Recommendation were filed within the time allowed. SO ORDERED. RECOMMENDATION RICHARD L. HODGE, United States Magistrate Judge. The Commissioner has filed a mo... Darcy D. FULLER, Plaintiff, v. Raymond B. LAKES, Defendant. , M.D.Ga., October 30, 2009 ORDER ON RECOMMENDATION OF DISMISSAL CLAY D. LAND, District Judge. After a de novo review of the record in this case, the Recommendation of Dismissal filed by the United States Magistrate Judge on October 5, 2009 is hereby approved, adopted, and made the Order of the Court. The objection of the Plaintiff has been considered and is found to be without merit. IT IS SO ORDERED. ORDER GRANTING IN FORMA PAUPERIS MOTION AND RECOMMENDATION OF DISMISSAL G. MALLON FAIRCLOTH, United States Magi... Louis SILVERSTEIN and Larry Vinson, Plaintiffs, v. The PROCTER & GAMBLE MANUFACTURING COMPANY, and the Procter & Gamble Distributing, LLC, Defendants. , S.D.Ga., October 30, 2009 ORDER LISA GODBEY WOOD, District Judge. Plaintiffs Louis Silverstein and Larry Vinson brought this case to recover damages for the tooth discoloration and taste impairment that Plaintiffs allegedly experienced after using Crest Pro-HealthTM Rinse mouthwash ("Pro-Health"), a product manufactured and distributed by Defendants. Count One of Plaintiffs' Fourth Amended Complaint alleges that Defendants are liable to Plaintiffs on a strict products liability theory. (4th Am.Compl.¶ 48- 59.) Count T... Madglean PACE, Marvin Pace, Charles Pace, Melvin Pace, and Shelly Pace, Jr., Plaintiffs, v. CSX TRANSPORTATION, INC., Defendant. , S.D.Ga., October 30, 2009 ORDER LISA G. WOOD, District Judge. Presently before the Court is Defendant CSX Transportation, Inc.'s ("CSX") Motion for Summary Judgment. Plaintiffs claim that CSX's construction and use of a side track adjacent to their property constitutes a nuisance. CSX argues that section 10501(b) (2) of the Interstate Commerce Commission Termination Act of 1995, 49 U.S.C. § 10101 et seq, preempts Plaintiffs' state-law nuisance claim and that Plaintiffs' claim fails as a matter of Georgia law. Because... UNITED SECURITY BANK, d/b/a Bank of Woodstock, Plaintiff, v. FIRST AMERICAN TITLE INSURANCE COMPANY, Defendant. , M.D.Ga., October 30, 2009 ORDER HUGH LAWSON, District Judge. This matter is before the Court on the Defendant's Motion to Dismiss the Complaint (Doc. 5) (the "Motion"). For the following reasons, the Motion is denied. Factual Background Plaintiff agreed to loan a borrower over $1.5 million to purchase four tracts of land. Plaintiff then purchased four title insurance policies from the Defendant on these four tracts of land. The borrower defaulted on its loan obligations, and the Plaintiff attempted to initiate forec... Larry Darnell WILLIAMS, Petitioner v. Clay TATUM, Respondent. , M.D.Ga., October 30, 2009 ORDER ON REPORT AND RECOMMENDATION CLAY D. LAND, District Judge. This matter is before the Court pursuant to a Recommendation of the United States Magistrate Judge entered on August 12, 2009. Neither party has filed an objection to this Recommendation as permitted by 28 U.S.C. § 636(b)(1), and therefore, the Court reviews the Recommendation for plain error. Finding no plain error or manifest injustice, the Court adopts the Recommendation of the Magistrate Judge and makes it the order of this ... Rashod KING and Kelly Kimbrough, individually, and as parent and next friend of M.K. and W.M., minor children, Plaintiffs, v. Jeanie C. HUTCHESON, Defendant. , M.D.Ga., October 30, 2009 Dana Posey Gentry, Phenix City, AL, for Plaintiffs. David N. Nelson, Macon, GA, for Defendant. ORDER CLAY D. LAND, District Judge. Presently pending before the Court is Defendant's Motion for Litigation Expenses and Attorney's Fees (Doc. 19). For the following reasons, Defendant's motion is granted. DISCUSSION In the Court's October 9, 2009 Order, the Court found that Plaintiffs' counsel, Mr. Dana P. Gentry, should pay Defendant her reasonable attorney's fees and litigation expenses... SAINT JOSEPH'S AT EAST GEORGIA, INC., Plaintiff, v. PACER HEALTH CORPORATION, INC., Defendant. , M.D.Ga., October 30, 2009 Meaghan Goodwin Boyd, Alston & Bird LLP, Atlanta, GA, for Plaintiff. J. Vincent Cook, R. Christopher Irwin, III, Athens, GA, Matthew Kepner Brown, New Orleans, LA, for Defendant. ORDER CLAY D. LAND, District Judge. In this action, Saint Joseph's at East Georgia, Inc. ("SJEG") asserts claims against Pacer Health Corporation ("PHC") based upon PHC's guaranty of certain obligations of its wholly owned subsidiary, Pacer Health Management Corporation of Georgia ("Pacer"). SJEG has filed a Mot... Nathaniel A. HARPE, Petitioner, v. Clay TATUM, Respondent. , N.D.Ga., October 29, 2009 OPINION AND ORDER WILLIAM S. DUFFEY, JR., District Judge. Petitioner Nathaniel A. Harpe ("Petitioner") filed this action seeking a writ of habeas corpus challenging his custody by the State of Georgia pursuant to 28 U.S.C. § 2254. This matter is before the Court on Magistrate Judge Linda T. Walker's Final Report and Recommendation ("R & R") [3] and on Petitioner's Objections to the R & R [4]. I. BACKGROUND On June 1, 2000, Petitioner was indicted by a grand jury in Gwinnett County, Georgia... Andrea JONES, Plaintiff, v. DIRECTV, INC., and The DirecTV Group, Inc., Defendants. , N.D.Ga., October 29, 2009 Edward Adam Webb, G. Franklin Lemond, Jr., The Webb Law Group, LLC, William Woodhull Stone, Holzer, Holzer & Fistel, LLC, Atlanta, GA, for Plaintiff. Andrew E. Paris, Alston & Bird, LLP, Los Angeles, CA, Matthew D. Justus, Matthew Dexter Richardson, Alston & Bird, LLP, Atlanta, GA, for Defendants. ORDER CHARLES A. PANNELL, JR., District Judge. This matter is before the court on the defendant's motion to compel arbitration and motion to stay [Doc. No. 4]. I. Factual and Procedural Histor... Willie Bernard MARSHALL, Sr., Plaintiff v. Dr. Jonathan BUSBEE, et al., Defendants. , M.D.Ga., October 29, 2009 ORDER CLAUDE W. HICKS, JR., United States Magistrate Judge. Plaintiff WILLIE BERNARD MARSHALL, SR., an inmate at the Upson County Jail in Thomaston, Georgia, has filed a pro se civil rights Complaint under 42 U.S.C. § 1983. Plaintiff also seeks leave to proceed without prepayment of the $350.00 filing fee or security therefor pursuant to 28 U.S.C. § 1915(a). Based on plaintiff's submissions, the Court finds that plaintiff is unable to prepay the filing fee. Accordingly, the Court GRANTS plain... Joseph Tiger D. PRINCE, Petitioner, v. Michelle MARTIN, et al., Respondent. , M.D.Ga., October 29, 2009 ORDER W. LOUIS SANDS, District Judge. Before the Court is a Report and Recommendation from United States Magistrate Judge Richard L. Hodge filed October 6, 2009. (Doc. 80). It is recommended that Petitioner's Motion to Amend (Doc. 67) be GRANTED, Petitioner's Motion to Vacate (Doc. 69) be DENIED, and Petitioner's Motions for Default Judgment (Doc. 77; Doc. 79) be DENIED. No objection has been filed to date. Upon full review and consideration of the record, the Court finds that said Report ... Eddie James REED, Petitioner, v. UNITED STATES of America, Respondent. , M.D.Ga., October 28, 2009 ORDER W. LOUIS SANDS, District Judge. Presently pending before the Court is a Recommendation from United States Magistrate Judge G. Mallon Faircloth filed on August 25, 2009. (Doc. 75). It is recommended that Petitioner's 28 U.S.C. § 2255 action be DENIED as without legal merit and as procedurally barred. Petitioner timely filed an objection (Doc. 76) to the Report and Recommendation on September 11, 2009. Petitioner seeks to vacate his February 28, 2008 sentence imposed by the Court for d... Johnny E. BRINSON, Plaintiff, v. Warden Thalrone WILLIAMS, Officer J. Williams, and Brian Owens, Defendants. , S.D.Ga., October 28, 2009 ORDER WILLIAM T. MOORE, JR., Chief Judge. Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 17), to which objections have been filed (Doc. 19). After a careful de novo review, the Court concurs with the Magistrate Judge's Report and Recommendation. Accordingly, the Court ADOPTS the same as its Opinion. The claims against Defendants Thalrone Williams and Brian Owens are DISMISSED, the suit may continue with respect to Defendant J. Williams. SO ORDERED. REPORT AND... Bruce Timothy JONES, Plaintiff, v. UNITED STATES of America, Defendant. , S.D.Ga., October 28, 2009 ORDER WILLIAM T. MOORE, JR., Chief Judge. Before the Court is the Magistrate Judge's Report and Recommendation, to which no objections have been filed. (Doc. 13.) After a careful review of the record, the Report and Recommendation is ADOPTED as the Court's Opinion in this case. Accordingly, Plaintiff's Motion to Vacate (Doc. 1), Motion for Case Update (Doc. 3), Motion for Court Review (Doc. 8), Emergency Supplement to 2255 (Doc. 11), Supplement to Combined 2254 and 2255 Federal Habeas Corpus ... UNITED STATES of America v. Andre Jerome ROUSE, Defendant. , S.D.Ga., October 28, 2009 ORDER WILLIAM T. MOORE, JR., Chief Judge. Before the Court is the Report and Recommendation of the Magistrate Judge (Doc. 42), recommending that this Court deny Defendant's Motions to Suppress (Docs. 14 & 34). Defendant has filed timely objections. (Doc. 44.) In the Motions, the Defendant challenges the constitutionality of the following police actions: (1) the initial stop, (2) the search of a laundry basket, (3) the seizure of his cellular phone, and (4) two custodial interrogations. (Docs.... Thomas BROWN, Petitioner, v. UNITED STATES of America, Respondent. , S.D.Ga., October 28, 2009 ORDER WILLIAM T. MOORE, JR., Chief Judge. Before the Court is the Magistrate Judge's Report and Recommendation, to which no objections have been filed. (Doc. 6.) After a careful review of the record, the Report and Recommendation is ADOPTED as the Court's Opinion in this case. The Clerk of Court is DIRECTED to CLOSE THIS CASE. SO ORDERED. Statesboro Division REPORT AND RECOMMENDATION G.R. SMITH, United States Magistrate Judge. Thomas Brown moves to vacate, set aside, or correct his fed... Scottie TERRY, Plaintiff, v. Larry CHISOLM and Officer J. Forbes, Defendants. , S.D.Ga., October 28, 2009 ORDER WILLIAM T. MOORE, JR., Chief Judge. Before the Court is the Magistrate Judge's Report and Recommendation, to which no objections have been filed. (Doc. 3.) After a careful review of the record, the Report and Recommendation is ADOPTED as the Court's Opinion in this case. The Clerk of Court is DIRECTED to CLOSE THIS CASE. SO ORDERED. REPORT AND RECOMMENDATION G.R. SMITH, United States Magistrate Judge. Scottie Terry has filed a form 42 U.S.C. § 1983 complaint seeking no money but reque... Ricky GRANT, Plaintiff, v. Larry CHISOLM and Nathaniel Wright, Defendants. , S.D.Ga., October 28, 2009 ORDER WILLIAM T. MOORE, JR., Chief Judge. Before the Court is the Magistrate Judge's Report and Recommendation, to which no objections have been filed. (Doc. 4.) After a careful review of the record, the Report and Recommendation is ADOPTED as the Court's Opinion in this case. The Clerk of Court is DIRECTED to CLOSE THIS CASE. SO ORDERED. REPORT AND RECOMMENDATION GEORGE R. SMITH, United States Magistrate Judge. Ricky Grant has filed a form 42 U.S.C. § 1983 complaint seeking no money, but r... Luther James CLAYTON, Plaintiff. v. Mary ALSTON, et al., Defendants. , S.D.Ga., October 28, 2009 Luther James Clayton, Wrightsville, GA, pro se. ORDER DUDLEY H. BOWEN, District Judge. After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Plaintiff's grievance procedure and supervisory liability claims, as well as Defendants Georgia Department of Corrections, Washingto... Aubrey R. WILLIAMS, Plaintiff, v. Larry CHISHOLM, Ian Heap, and Russell Mabrey, Defendants. , S.D.Ga., October 28, 2009 ORDER WILLIAM T. MOORE, JR., Chief Judge. Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 6), to which no objections have been filed. After a careful de novo review, the Court concurs with the Magistrate Judge's Report and Recommendation, which is ADOPTED as the Opinion of the Court. [FN1] This case is DISMISSED. The Clerk of Court is DIRECTED to CLOSE THIS CASE. FN1. In addition to the Magistrate Judge's reasons for dismissing this case, the Complaint (Doc. 1) is ... Kenneth Ray JOHNSON, Plaintiff, v. Larry CHISOLM, District Attorney of the Eastern Judicial Circuit, individually and in his official capacity, Defendant. , S.D.Ga., October 28, 2009 ORDER WILLIAM T. MOORE, JR., Chief Judge. Before the Court is the Magistrate Judge's Report and Recommendation, to which no objections have been filed. (Doc. 3.) After a careful review of the record, the Report and Recommendation is ADOPTED as the Court's Opinion in this case. The Clerk of Court is DIRECTED to CLOSE THIS CASE. SO ORDERED. REPORT AND RECOMMENDATION GEORGE R. SMITH, United States Magistrate Judge. Kenneth Ray Johnson has filed a form 42 U.S.C. § 1983 complaint seeking no m... John Kiley SCHEFFLER, Petitioner, v. James CAMON, Warden, Respondent. , S.D.Ga., October 28, 2009 John Kiley Scheffler, Lakeland, GA, pro se. ORDER WILLIAM T. MOORE, JR., Chief Judge. Before the Court is the Magistrate Judge's Report and Recommendation, to which no objections have been filed. (Doc. 7.) After a careful review of the record, the Report and Recommendation is ADOPTED as the Court's Opinion in this case. Accordingly, the Petition is DISMISSED WITHOUT PREJUDICE. [FN1] (Doc. 1.) The Clerk of Court is DIRECTED to CLOSE THIS CASE. FN1. Because the Petition has been dismissed, Pe... Carol WILKERSON, Plaintiff, v. MAXWAY DEPT. STORE, Defendant. , S.D.Ga., October 28, 2009 ORDER B. AVANT EDENFIELD, District Judge. After a careful de novo review of the record in this case, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. SO ORDERED this 27 day of Oct, 2009. REPORT AND RECOMMENDATION G.R. SMITH, United States Magistrate Judge. Carol Wilkerson, a repeat filer in this Court, [FN1] brings this... UNITED STATES of America, Plaintiff, v. Gerard Davinci IRVIN, Defendant. , M.D.Ga., October 27, 2009 ORDER W. LOUIS SANDS, District Judge. Presently pending before the Court are Defendant Gerard Davinci Irvin, Sr.'s Motion for Reduction of Sentence (Doc. 109) and Defense Counsel's Request for Ruling on Defendant's Pro Se Motion (Doc. 117). Defendant's initial Motion for Sentence Reduction (Doc. 109) was filed without the aid of counsel. Defendant's counsel filed the latter motion (Doc. 117) which requested that the Court rule upon Defendant's initial, pro se motion. Section 3582(c)(2) all... UNITED STATES of America, Plaintiff, v. Eddie James REED, Defendant. , M.D.Ga., October 27, 2009 ORDER W. LOUIS SANDS, District Judge. Presently pending before the Court are Defendant Eddie James Reed's Motions for Reconsideration (Doc. 57; Doc. 65). As the Eleventh Circuit noted in Region 8 Forest Service Timber Purchasers Council v. Alcock, 993 F.2d 800, 805-806 (11th Cir.1993), relief granted from motions for reconsideration are within "the sound discretion of the district judge." It is the practice of this Court to grant a motion for reconsideration only when the movant demonstrates ... UNITED STATES of America v. Marsignor Cornelius WHITE. , S.D.Ga., October 27, 2009 ORDER W. LEON BARFIELD, United States Magistrate Judge. Before the Court are the various pre-trial and discovery motions filed by Defendant Marsignor Comelius White. The United States of America, by and through its attorney, Joseph D. Newman, Acting United States Attorney, and Nancy C. Greenwood, Assistant United States Attorney, has filed a combined response to these motions. GENERAL DISCOVERY MOTIONS 1. Discovery: As to Defendant's general discovery requests, the government responds that ... Sylvester MIDDLETON, Jr., Petitioner, v. UNITED STATES of America, Respondent. , S.D.Ga., October 27, 2009 ORDER DUDLEY H. BOWEN, District Judge. After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Petitioner's § 2255 motion is DENIED without an evidentiary hearing, this civil action is CLOSED, and a final judgment shall be ENTERED in favor of Respondent. SO ORDERED. MAGISTRA... Gerald McCABE, Larry McCabe, and Lori McCabe, Plaintiffs, v. FORD MOTOR COMPANY, INC., Defendant. , M.D.Ga., October 26, 2009 ORDER HUGH LAWSON, Senior District Judge. Plaintiffs filed this matter in the Valdosta Division of the Middle District of Georgia, United States District Court, on October 21, 2009, alleging diversity as the basis for federal jurisdiction. Because federal courts have only limited jurisdiction, part of the Court's initial review process requires the Court to determine whether a proper jurisdictional basis exists in each case. Thus, when a plaintiff files a claim in federal court it is generall... Otis BROOKS, Petitioner, v. UNITED STATES of America, Respondent. , M.D.Ga., October 26, 2009 ORDER HUGH LAWSON, Senior District Judge. Currently before the Court is the Report and Recommendation (Doc. 150) of United States Magistrate Judge G. Mallon Faircloth, entered on September 23, 2009, in which the Magistrate Judge recommends that Petitioner Otis Brooks' Motion Pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure (Doc. 148) be dismissed. Brooks has filed an objection to the Recommendation, as permitted by 28 U.S .C. § 636(b)(1). The Court has made a de novo review o... Roberto DIAZ, Petitioner, v. Debra HICKEY, Warden, Respondent. , S.D.Ga., October 26, 2009 Roberto Diaz, Federal Satellite Low, Jesup, GA, pro se. James Christian Stuchell, U.S. Attorney's Office, Savannah, GA, for Respondent. ORDER LISA GODBEY WOOD, District Judge. After an independent review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. The Petition for writ of habeas corpus, filed purs... Timothy FOX, a/k/a Robert Marvin Fox, Jr., Petitioner, v. CIRCUIT COURT OF TENTH JUDICIAL CIRCUIT COURT in and for POLK COUNTY, FLORIDA; Bill McCollum, Attorney General of Florida; Charlie Crist, Governor of Florida; Alethea Brown, Florida Dep't of, S.D.Ga., October 26, 2009 ORDER J. RANDAL HALL, District Judge. After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed. [FN1] Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, the motion for a hearing is DENIED (doc. no. 3), the petition is DISMISSED, and this civil action is CLOSED. FN1. The deadline for filing objections to the Report and Recommendatio... COLUMBUS BANK & TRUST CO. f/d/b/a Synovus Leasing Company and d/b/a Synovus Capital Finance, Plaintiff, v. McKENZIE TRUCKING & LEASING LLC, Steve A. McKenzie, Brian E. Allsmiller, Daniel C. Trott, William S. Campbell, and Greg L. Steele, Defendants, M.D.Ga., October 23, 2009 Amanda M. Beckett, David A. Elliott, Matthew T. Mitchell, Michael L. Hall, Birmingham, AL, Erich N. Durlacher, Atlanta, GA, Robert C. Brand, Jr., Page Scrantom Sprouse Tucker & Ford PC, Columbus, GA, for Plaintiff. L. Blair Bennington, Thomas E. Ray, Chattanooga, TN, William Crawford Rumer, Columbus, GA, for Defendants. ORDER CLAY D. LAND, District Judge. This action arises from the alleged failure of William S. Campbell ("Campbell" or "Defendant") and other defendants to satisfy their pay... UNITED STATES of America, v. Jerome Julius WEEKS also known as Clarence Royden Weekes also known as Jerome J. Weekes also known as Jerome Week, Defendant. , N.D.Ga., October 23, 2009 Ryan Scott Ferber, U.S. Attorney's Office, Atlanta, GA, for United States of America. Jerome Julius Weeks, pro se. ORDER THOMAS W. THRASH, JR., District Judge. This is a criminal case. It is before the Court on the Report and Recommendation [Doc. 53] of the Magistrate Judge recommending denying the Defendant's Motion to Suppress Evidence [Doc. 14] and Motion to Dismiss [Doc. 15]. For the reasons set forth in the thorough and well reasoned Report and Recommendation, the law enforcement ag... Melisa H. BYRD, as Administratrix of the Estate of Jack Ronald Holton, Sr., and of the Estate of Edna Grace Sconyers Holton, and as a surviving child of Jack Ronald Holton, Sr., and Edna Grace Sconyers Holton, and Jack Ronald Holton, Jr., Anthony Dou, S.D.Ga., October 23, 2009 ORDER B. AVANT EDENFIELD, District Judge. I. INTRODUCTION This lawsuit arises from a fatal intersection collision in early 2009 involving a tractor-trailer driven by a Wal-Mart Transportation ("Wal-Mart") employee and a passenger van occupied by the Plaintiffs' deceased parents, Grace Sconyers Holton and Jack Ronald Holton (collectively, the "Holtons"). Doc. # 38 at 2. Plaintiffs seek damages for the wrongful deaths of their parents, doc. # 1 ¶ 25-28, and Plaintiff Melissa Byrd, as administra... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com