U.S. District Courts - Mississippi ©   Coverage   Help   Search Westlaw   Topic: AllCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnvironmental LawFamily LawFinance & BankingFirst AmendmentGovernment BenefitsHealth & MedicineInsuranceLabor & EmploymentLegal EthicsMilitary LawPension & Retirement BenefitsTaxationTransportation PRISM MARKETING COMPANY, INC., Plaintiff v. CASINO FACTORY SHOPPES, LLC, et al., Defendants. , N.D.Miss., November 16, 2009 Scott B. Ostrow, Scott B. Ostrow, Attorney, John Robert Hershberger, Law Offices of John Hershberger, Memphis, TN, for Plaintiff. Glen Garland Reid, Jr., Matthew F. Jones, Wyatt, Tarrant & Combs LLP, Memphis, TN, for Defendant. ORDER ON RECONSIDERATION SHARION AYCOCK, District Judge. This Court entered an Order granting in part and denying in part Defendant, Casino Factory Shoppes' (CFS) Motion to Dismiss on September 29, 2009. Plaintiff has filed a Motion for Reconsideration [108] stati... Frank ANTHONY and Clare Anthony, Plaintiffs v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. , S.D.Miss., November 16, 2009 C. Edward Gibson, IV, Rose M. Hurder, Hawkins, Stracener & Gibson, PLLC, Bay St. Louis, MS, John F. Hawkins, Hawkins, Stracener & Gibson, PLLC, Jackson, MS, for Plaintiffs. Hal S. Spragins, Hickman, Goza & Spragins, Oxford, MS, for Defendant. ORDER L.T. SENTER, JR., Senior Judge. There are three motions in limine pending in this cause of action, each filed by the Plaintiffs. They are as follows: [67] Motion to Exclude Evidence, Testimony, or Argument Relating to the Use and Effect of... Teresa Austin PITTS, Individually, and as Mother and Next Friend of Jessica Pierce, a Minor, Plaintiffs v. FORD MOTOR COMPANY, U-Haul Co. of Mississippi, Womack Auto Sales, Inc., Buddy's Alignment Service, and John Does 1-4, Defendants. , S.D.Miss., November 16, 2009 Joseph S. Gatlin, III, Jackson, MS, for Plaintiffs. Everett E. White, George Clanton Gunn, IV, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, James Gordon House, III, Forman, Perry, Watkins, Krutz & Tardy, Jackson, MS, Randall J. Pattee, Lindquist & Vennum, PLLP, Minneapolis, MN, for Defendants. MEMORANDUM OPINION AND ORDER KEITH STARRETT, District Judge. This matter is before the Court on the Motion to Dismiss Pursuant to Rule 12(b)(6) filed on behalf of U-Haul Co. of Mississippi (... GULF RESTORATION NETWORK, Plaintiff v. HANCOCK COUNTY DEVELOPMENT, LLC, Defendant. , S.D.Miss., November 16, 2009 ORDER DENYING SECOND MOTION TO DISMISS LOUIS GUIROLA, JR., District Judge. BEFORE THE COURT is Defendant Hancock County Land, LLC, f/k/a Hancock County Development, LLC's second [36] Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). Gulf Restoration Network initiated this citizen lawsuit under the Clean Water Act for alleged violations related to a construction project on Hancock's property. Hancock argues the Complaint fails to state a claim, because the United States A... Stacy Lea SIMS, et al., Plaintiffs v. Haley BARBOUR, et al., Defendants. , S.D.Miss., November 16, 2009 ORDER DANIEL P. JORDAN, III, District Judge. This cause is before the Court on motion of Defendants to dismiss Plaintiffs' Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiffs have responded in opposition. The Court, having considered the memoranda and submissions of the parties, finds that Defendants' motion should be granted in part and denied in part. I. Facts and Procedural History Plaintiffs Stacey Lea Sims, John and Elizabeth Barber, and James D. and Sand... Antonio J. BERRY, Petitioner v. UNITED STATES of America, Federal Bureau of Prisons, and Bruce Pearson, Warden FCI-Yazoo, Respondents. , S.D.Miss., November 16, 2009 MEMORANDUM OPINION DAVID BRAMLETTE, District Judge. This matter is before the Court, sua sponte, for consideration of dismissal. On October 19, 2009, Petitioner Berry, an inmate at the Federal Correctional Institute (FCI)-Yazoo City, Mississippi, filed this petition for habeas corpus relief pursuant to 28 U.S.C. § 2241 and paid the filing fee. Upon review of the petition [1] and memorandum in support [2] filed by the Petitioner, the Court has reached the following conclusions. Background Th... T.W. KING, Plaintiff v. Nakia ANDERSON, et al., Defendants. , S.D.Miss., November 16, 2009 T. W. King, Pearl, MS, pro se. Pelicia Everett Hall, Mississippi Attorney General's Office, Jackson, MS, for Defendants. ORDER MICHAEL T. PARKER, United States Magistrate Judge. BEFORE THE COURT is the Plaintiff's "Motion to Subpoena Denied Defendant to Testify on Behalf of Plaintiff and to Compel MDOC for Physical Address of Buford Clark" [52]. The court having considered the Motion and the applicable law finds that the Motion [52] should be DENIED. In his Motion, it appears that Pla... Jerry Sy DORSEY, # 59398-019, Plaintiff v. Tracey RUBIOLA, et al., Defendants. , S.D.Miss., November 16, 2009 Jerry Sy Dorsey, Talladega, AL, pro se. Angela Givens Williams, U.S. Attorney's Office, Jackson, MS, for Defendants. ORDER MICHAEL T. PARKER, United States Magistrate Judge. THIS MATTER is before the court upon Plaintiff's Motion [34] to Strike Defendants' Reply [29] to his Response [26] to Defendants' Motion to Dismiss [22]. In his motion, Plaintiff claims that he never received a copy of Defendants' Reply [29] and, therefore, it should be stricken and the Motion to Dismiss [22] should ... Carol I. WALLACE, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , N.D.Miss., November 12, 2009 Joe Morgan Wilson, Joe Morgan Wilson, Attorney, Senatobia, MS, for Plaintiff. John Evans Gough, Jr., U.S. Attorney's Office, Oxford, MS, for Defendant. FINAL JUDGMENT W. ALLEN PEPPER, JR., District Judge. On consideration of the file and records in this action, the court finds that the report and recommendation of the United States Magistrate Judge dated June 15, 2009, was on that date served via the court's electronic filing system, CM/ECF, upon counsel of record; more than ten days hav... Melvin WISE, Plaintiff v. ILLINOIS CENTRAL RAILROAD COMPANY The Estate of Glenn Moore, Defendants. Teresa Busby, Plaintiff v. Illinois Central Railroad Company The Estate of Glenn Moore, Defendants. Steve Wise, Plaintiff v. Illinois Central R, N.D.Miss., November 12, 2009 ORDER MICHAEL P. MILLS, Chief Judge. This cause comes before the court on the motions [34, 41, 36] of the defendant, Illinois Central Railroad Company ("Illinois Central"), to reconsider the court's previous order granting remand. These three causes arise out of a car wreck. On July 1, 2008, defendant, Glenn Moore, was the driver of a vehicle which collided with a train operated by Illinois Central. Moore and his three passengers, all residents of Mississippi, were killed in the collision. ... Bobby Lawshawn BUCKLEY, Plaintiff v. Christopher B. EPPS, et al., Defendants. , N.D.Miss., November 12, 2009 MEMORANDUM OPINION DAVID SANDERS, United States Magistrate Judge. Presently before the Court is the plaintiff's motion for appointment of counsel. Ater due consideration, the motion shall be denied. Motion for Counsel There is no automatic right to counsel in a § 1983 case. Cupit v. Jones, 835 F.2d 82, 86 (5th Cir.1987); Wright v. Dallas County Sheriff's Dept., 660 F.2d 623, 625-26 (5th Cir.1981). Unless there are "exceptional circumstances," a district court is not required to appoint coun... LAFAYETTE COUNTY, MISSISSIPPI, Plaintiff v. TOTAL PLAN SERVICES, INC., Trustmark Life Insurance Company, Defendants. , N.D.Miss., November 12, 2009 David D. O'Donnell, Clayton O'Donnell, PLLC, Oxford, MS, for Plaintiff. Kelly Larann Cash, Williams, Heidelberg, Steinberger & McElhaney, Pascagoula, MS, Pope S. Mallette, J. Cal Mayo, Jr., Paul Bowie Watkins, Jr., Mayo Mallette, PLLC, Oxford, MS, Scott D. Marquardt, Dallas, TX, James Shelson, Justin Lee Matheny, Phelps Dunbar, Jackson, MS, Kellye Lynn Fabian, Michael D. Freeborn, Freeborn & Peters LLP, Chicago, IL, for Defendants. ORDER MICHAEL P. MILLS, Chief Judge. This cause comes be... Jan HUGHES, Plaintiff v. BOSTON SCIENTIFIC CORPORATION, Defendant. , S.D.Miss., November 12, 2009 Donald James Blackwood, Jr., Lindsey Mcgee Turk, Robert L. Goza, Jr., Copeland, Cook, Taylor & Bush, Pa, Ridgeland, MS, Tucker Buchanan, Attorney, Laurel, MS, for Plaintiff. James P. Streetman, III, Leah Nichols Ledford, Wade G. Manor, Jackson, MS, Johnathan T. Krawcheck, Scott P. Kerew, Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, Atlanta, GA, for Defendant. MEMORANDUM OPINION AND ORDER KEITH STARRETT, District Judge. This matter is before the court on a Motion for Summary Judgment [# ... James and Rosa COSSETT, Plaintiff v. CITY OF GAUTIER, et al, Defendant. , S.D.Miss., November 10, 2009 James H. Cossett, Dayton, OH, pro se. Rosa Ann Cossett, Dayton, OH, pro se. ORDER ADOPTING REPORT AND RECOMMENDATION HALIL SULEYMAN OZERDEN, District Judge. This cause comes before the Court on the Report and Recommendation [11] of Chief United States Magistrate Judge John M. Roper, entered in this cause on October 20, 2009. The record reveals that on or about September 12, 2008, the Court issued a Text Only Order directing Plaintiffs to serve their Complaint on or prior to November 1, 2... Michael CARADINE, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , N.D.Miss., November 10, 2009 Gary R. Parvin, Coffeeville, MS, for Plaintiff. John Evans Gough, Jr., U.S. Attorney's Office, Oxford, MS, for Defendant. MEMORANDUM OPINION DAVID A. SANDERS, United States Magistrate Judge. The claimant, Michael Caradine, seeks judicial review pursuant to 42 U.S.C. § 405(g) of an unfavorable final decision of the Commissioner of the Social Security Administration (the "Commissioner"), regarding his claim for Disability Insurance Benefits and Supplemental Security Income. The parties hav... Alex ARMSTRONG, # 18106, Plaintiff v. Christopher EPPS, et al., Defendants. , S.D.Miss., November 10, 2009 Alex Armstrong, Meridian, MS, pro se. MEMORANDUM OPINION and ORDER TOM S. LEE, District Judge. Plaintiff Armstrong, an inmate of the Mississippi Department of Corrections (MDOC), incarcerated at the East Mississippi Correctional Facility (EMCF), Meridian, Mississippi, filed this complaint pursuant to 42 U.S.C. § 1983. The named defendants are: Christopher Epps, Commissioner of MDOC; Dale Caskey, Warden of EMCF; Lynette Jordan, Director of Classification for MDOC; Kino Reese, Unit Manager at... REGIONS BANK, Plaintiff/Petitioner v. Brian BRITT and Brenda Britt, Defendants/Respondents. , S.D.Miss., November 10, 2009 Benjamin McRae Watson, Emerson Barney Robinson, III, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, MS, for Plaintiff/Petitioner. Brian Britt, Silver Creek, MS, pro se. Brenda Britt, Ocean Springs, MS, pro se. MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on the renewed motion of plaintiff Regions Bank (Regions) pursuant to Section 4 of the Federal Arbitration Act, 9 U.S.C. § 4, to compel arbitration of the claims asserted in this cause by ... Kathy REED, Plaintiff v. Ana FLORES, M.D., and The Meyer Eye Group, Defendants. , N.D.Miss., November 10, 2009 Jane Horne Myers Virden, Chapman Lewis & Swan, Madison, MS, for Plaintiff. Reid Richard Phillips, Hardison Law Firm, Memphis, TN, Justin Edward Mitchell, Thomason Hendrix, Memphis, TN, for Defendants. MEMORANDUM OPINION DENYING MOTION TO REMAND SHARION AYCOCK, District Judge. Presently before the Court is Plaintiff's Motion to Remand [6]. After reviewing the motion, briefs, applicable statutory and case law and being otherwise fully advised as to the premises, the Court finds as follows:... Denita BROCK, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , N.D.Miss., November 10, 2009 Michael Burnis McHenry, Gleason & McHenry, Tupelo, MS, for Plaintiff. John Evans Gough, Jr., U.S. Attorney's Office, Oxford, MS, for Defendant. ORDER OF REVERSAL AND REMAND DAVID A. SANDERS, United States Magistrate Judge. On motion of Michael J. Astrue, Commissioner of the Social Security Administration, Defendant in the above cause and pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing the Commissioner's decision with remand in Social Security ac... UNITED STATES of America, Plaintiff v. Jerome MITCHELL, Defendant. , N.D.Miss., November 10, 2009 ORDER DENYING MOTION [276] FOR RESEARCH MATERIAL; DENYING MOTION [312] FOR APPOINTMENT OF NEW COUNSEL FOR APPEAL; DISMISSING WITHOUT PREJUDICE MOTIONS [297], [345] TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. § 2255 MICHAEL P. MILLS, Chief Judge. This matter comes before the court on the four remaining motions filed by defendant Jerome Mitchell ("Mitchell") in this case: (1) Motion for Research Materials; (2) Motion to Appoint New Counsel for Appeal; (3) Motion for Relief under ... Quinn Marcus McNEAL, # 102215, Plaintiff v. Jacquelyn BANKS and Ricky Jackson, Defendants. , S.D.Miss., November 10, 2009 MEMORANDUM OPINION DAVID BRAMLETTE, District Judge. This matter is before the Court, sua sponte, for consideration of dismissal. Plaintiff McNeal, was an inmate of the Mississippi Department of Corrections when he filed this Complaint, on June 4, 2009, pursuant to 42 U.S.C. § 1983. The named defendants are Jacquelyn Banks, Warden at Wilkinson County Correctional Facility (WCCF); and Ricky Jackson, Chief of Security at WCCF. On June 18, 2009, the Court entered an Order [7] directing Plainti... UNITED STATES of America v. Derrick EDWARDS, Defendant. , S.D.Miss., November 9, 2009 Jay Tresca Golden, John A. Meynardie, U.S. Attorney's Office, Gulfport, MS, for United States of America. ORDER DAVID BRAMLETTE, District Judge. This cause is before the Court on the defendant's Motion for Reduction of Sentence, wherein the defendant requests a reduction of his sentence pursuant to the recent amendments to the sentencing guidelines applicable to offenses involving cocaine base and the subsequent decision by the United States Sentencing Commission to make this amendment retr... Yuri CALZADILLA, Plaintiff v. LAMAR COUNTY, Defendant. , S.D.Miss., November 9, 2009 Yuri Calzadilla, Leakesville, MS, pro se. William Robert Allen, Allen, Allen, Breeland & Allen, PLLC, Brookhaven, MS, for Defendant. OPINION AND ORDER MICHAEL T. PARKER, United States Magistrate Judge. THIS MATTER is before the court on the Motion [25] to Dismiss Plaintiff's State Law Claims by Defendant Lamar County. Having considered the submissions of the parties and the applicable law, the court finds that the motion should be GRANTED. FACTUAL BACKGROUND Plaintiff Yuri Calzadilla i... UNITED STATES v. Julius Cesil TAYLOR, Jr., Petitioner. , S.D.Miss., November 9, 2009 Jerry L. Rushing, U.S. Attorneys, Biloxi, MS, for United States. ORDER DAVID BRAMLETTE, District Judge. This matter comes before the Court on petitioner's Motion for Reduction of Sentence pursuant to 18 U.S.C. § 3582(c)(2) [docket entry no. 33]. The defendant requests a reduction of his sentence pursuant to the recent amendments to the sentencing guidelines applicable to offenses involving cocaine base and the subsequent decision by the United States Sentencing Commission to make this amend... Thomas Earl ARMSTRONG, Plaintiff v. Ken BROADUS, Defendant. , S.D.Miss., November 6, 2009 Thomas Earl Armstrong, Pascagoula, MS, pro se. Gary S. Evans, Office of the Board Attorney, Pascagoula, MS, for Defendant. ORDER ADOPTING REPORT AND RECOMMENDATIONS HALIL SULEYMAN OZERDEN, District Judge. This cause comes before the Court on the Report and Recommendations [28] of Chief United States Magistrate Judge John M. Roper. The Magistrate Judge reviewed the Motion for Summary Judgment [26] filed by Defendant Ken Broadus, and determined that it should be granted, and that Plaintiff... Frank GREGG, Plaintiff v. UNDERWRITERS AT LLOYD'S LONDON, Defendant. , S.D.Miss., November 6, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION HALIL SULEYMAN OZERDEN, District Judge. This cause comes before the Court on the Report and Recommendation [4] of Chief United States Magistrate Judge John M. Roper entered in this cause on August 26, 2009. The record reveals that on or about December 16, 2008, the Court issued a Text Only Order pursuant to a hearing held on that date, allowing Plaintiff's counsel to withdraw from the case and directing Plaintiff to notify the Court in writing as to wh... Darlene WILLIAMS, As Mother and Next Friend of KPW, A Minor, Plaintiff v. NORTH HILL SQUARE APARTMENTS, et al., Defendants. , S.D.Miss., November 6, 2009 Dennis C. Sweet, III, Warren L. Martin, Jr., Sweet & Associates, PA, Jackson, MS, for Plaintiff. Katrina S. Sandifer, Coughlin Murphy Williams PLLC, Frances R. Shields, Currie, Johnson, Griffin, Gaines & Myers, Jackson, MS, for Defendants. ORDER DANIEL P. JORDAN III, District Judge. This premises case is before the Court on Defendants' motion for summary judgment, or alternatively, motion for partial summary judgment on the issue of punitive damages [46]. The Court, having fully consider... David Lee MAY, Plaintiff v. Susan KIMBALL, Defendant. , S.D.Miss., November 6, 2009 David Lee May, Parchman, MS, pro se. Tere R. Steel, Page, Christopher C. Haug, Mannino, Peresich & McDermott, Biloxi, MS, for Defendant. MEMORANDUM OPINION AND ORDER ROBERT H. WALKER, United States Magistrate Judge. This matter comes before the Court on Defendant Susan Kimball's [30] Motion to Dismiss and for Summary Judgment filed on June 15, 2009. Plaintiff David Lee May, proceeding pro se and in forma pauperis, filed a 42 U.S.C. § 1983 civil rights complaint wherein he alleged that hi... Raymond FRIERSON, et al., Plaintiffs v. DOLLAR GENERAL CORPORATION, and DolGenCorp, Inc., Defendants. , S.D.Miss., November 5, 2009 E. Bragg Williams, III, Williams, Williams & Montgomery, Poplarville, MS, Joseph Connley Stewart, Williams, Smith & Stockstill, Picayune, MS, for Plaintiffs. Matthew D. Miller, Copeland, Cook, Taylor & Bush, PA, Hattiesburg, MS, for Defendants. MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT HALIL SULEYMAN OZERDEN, District Judge. BEFORE THE COURT is the Motion of Defendants Dollar General Corporation and Dolgencorp, Inc. ["Defendants"], for Summary Judgment... Joann BLADES, Individually and On Behalf of Others Similarly Situated, Plaintiffs v. COUNTRYWIDE HOME LOANS, INC.; Countrywide Financial Corporation; Balboa Insurance Company; Newport Insurance Company; and Newport Management Corp., Defendants. , S.D.Miss., November 5, 2009 Joe Sam Owen, Ben F. Galloway, III, Charles Corbett Wimberly, III, Owen, Galloway & Myers, PLLC, Gulfport, MS, for Plaintiffs. Anthony J. Rollo-PHV, McGlinchey Stafford, PLLC, New Orleans, LA, H. Hunter Twiford, III, Maria Candace Burnette, Stephen T. Masley, McGlinchey Stafford, PLLC, Jackson, MS, John L. Verner-PHV, McGlinchey Stafford, PLLC, Houston, TX, for Defendants. MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' RENEWED MOTION TO DISMISS FOR LACK OF JURISDICTION, AND DENYING AS MO... UNITED STATES v. Tuan Anh PHAM, Petitioner. , S.D.Miss., November 5, 2009 ORDER DAVID BRAMLETTE, District Judge. This matter comes before the Court on petitioner's Motion for Reduction of Sentence pursuant to 18 U.S.C. § 3582(c)(2) [docket entry no. 92] and Motion for Leave to File Supplemental Pleadings in Support of the Motion for Reduction of Sentence [docket entry no. 97]. The defendant requests a reduction of his sentence pursuant to the recent amendments to the sentencing guidelines applicable to offenses involving cocaine base and the subsequent decision by ... Vernon W. WILSON, Individually and Derivatively on Behalf of, TRUCK CAPITAL LLC, Unique Construction LLC, Premier Coast Yacht Sales LLC, City National LLC, NFC Properties LLC, Plaintiff v. Louis J. NORMAND, Jr., et al., Defendants. , S.D.Miss., November 5, 2009 Michael George Prestia, Michael G. Prestia, Attorney at Law, Gulfport, MS, for Plaintiff. Ben F. Galloway, III, Owen & Galloway, PLLC, Kyle Stuart Moran, Phelps Dunbar, LLP, Gulfport, MS, William T. Siler, Jr., Saundra Brown Strong, Phelps Dunbar, Jackson, MS, for Defendants. MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S MOTION TO REMAND HALIL SULEYMAN OZERDEN, District Judge. This cause comes before the Court upon Plaintiff's Motion to Remand [6] this case to the Chancery Court of Ha... Mary DANDRIDGE, mother and next friend, and on behalf of all wrongful death beneficiaries of Trenis Readus, deceased, Plaintiff v. State of MISSISSIPPI, et al., Defendants. , S.D.Miss., November 5, 2009 Deborah Jones Gambrell, Gambrell Law Firm, PLLC, Charles E. Lawrence, Jr., Charles E. Lawrence, Jr., Attorney, Hattiesburg, MS, for Plaintiff. Pelicia Everett Hall, Mississippi Attorney General's Office, Jackson, MS, Joseph A. O'Connell, Vardaman Kimball Smith, III, Bryan Nelson, PA, Hattiesburg, MS, for Defendants. ORDER MICHAEL T. PARKER, United States Magistrate Judge. THIS MATTER is before the court on the Motion [51] to Strike Plaintiff's Amended Complaint filed by the State of Mis... Vanessa B. BRASWELL, as Guardian of Jason Ray Braswell, Plaintiff v. INVACARE CORPORATION, Invacare Continuing Care, Inc., The Medical Store, Inc., and John Doe Defendants 1 Through 50, Defendants. , S.D.Miss., November 5, 2009 MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on the motion to remand and supplemental motion to remand of plaintiff Vanessa B. Braswell, as guardian of Jason Ray Braswell. Defendants Invacare Corporation and Invacare Continuing Care, Inc. (Invacare), and defendant The Medical Store, Inc., have separately responded to the motion and the court, having considered the memoranda of authorities, together with attachments, submitted by the parties, conclude... MOUNTAINEER INVESTMENTS, L.L.C., Plaintiff v. UNITED STATES of America, et al., Defendants. , S.D.Miss., November 4, 2009 Brandon L. Jolly, Brett F. McCall, Jeffrey Scott Newton, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, James D. Holland, Page, Kruger & Holland, P.A., Jackson, MS, for Plaintiff. Laura M. Conner, U.S. Dept. of Justice, Tax Division, Washington, DC, for Defendants. ORDER DANIEL P. JORDAN, III, District Judge. This matter is before the Court on the cross motions for summary judgment filed by Defendants United States of America and Internal Revenue Service (IRS) (collectively "the Gov... Frank ANTHONY and Clare Anthony, Plaintiffs v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. , S.D.Miss., November 4, 2009 C. Edward Gibson, IV, Hawkins, Rose M. Hurder, Stracener & Gibson, PLLC, Bay St. Louis, MS, for Plaintiffs. Hal S. Spragins, Hickman, Goza & Spragins, Oxford, MS, for Defendant. ORDER L.T. SENTER, JR., Senior District Judge. This order addresses Defendant's [44] Motion for Partial Summary Judgment, which is aimed at several legal theories on which Plaintiffs' Complaint (attached as an exhibit to the [1] Notice of Removal) is based. These include breach of fiduciary duty; misrepresentatio... James E. BILLIOT, Petitioner v. Christopher B. EPPS, Commissioner, Mississippi Department of Corrections and Lawrence Kelly, Superintendent, Mississippi State Penitentiary, Respondents. , S.D.Miss., November 3, 2009 John C. Henegan, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, MS, Joseph Margulies, Margulies & Richman, Steven T. Grimshaw, Crosby & Grimshaw, Ltd., Minneapolis, MN, L. Lee Tyner, Jr ., University of Mississippi, University, MS, for Petitioner. Marvin L. White, Jr., Office of the Attorney General, Jackson, MS, for Respondents. MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This matter comes before the court on the Motion of Petitioner to Determine Competency to be Execut... Susan GUIHER, Plaintiff v. CUSTOM WOODWORKS, INC., Defendant. , S.D.Miss., November 3, 2009 R. Douglas Bayles, Bayles Law Firm, PLLC, Sumrall, MS, for Plaintiff. J. Henry Ros, Watkins, Ludlam, Winter & Stennis, P.A., Gulfport, MS, for Defendant. MEMORANDUM OPINION AND ORDER GRANTING UNOPPOSED MOTION FOR SUMMARY JUDGMENT LOUIS GUIROLA, JR., District Judge. BEFORE THE COURT is the Motion for Summary Judgment [8] filed by the Defendant, Custom Woodworks, Inc. The Plaintiff has not filed a response. After due consideration of the Motion, record, and the relevant law, it is the Cour... Timothy ROACH, Plaintiff v. Lepher JENKINS, Warden, Defendant. , S.D.Miss., November 3, 2009 ORDER DANIEL P. JORDAN III, District Judge. This habeas petition is before the Court on the Report and Recommendation of Magistrate Judge James C. Sumner. Judge Sumner considered the petition, response, rebuttal, and state court record, and concluded that the habeas relief be denied and the petition be dismissed with prejudice. The Court, having fully considered the premises, adopts the Report and Recommendation. I. Procedural History As stated more fully in the Report and Recommendati... Michael TRICE, Petitioner v. Christopher EPPS, et al., Respondents. , N.D.Miss., November 3, 2009 Michael Trice, Shannon, MS, pro se. Frances Patterson Croft, Jerrolyn M. Owens, Mississippi Attorney General's Office, Jackson, MS, for Respondents. MEMORANDUM OPINION SHARION AYCOCK, District Judge. This cause comes before the court on the petition of Michael Trice for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. After due consideration, the court finds that Respondents' motion to dismiss shall be granted and the petition dismissed with prejudice. A. Factual and Procedural Ba... Carlos MOORE, Plaintiff v. Diane HOLMAN, et al., Defendants. , N.D.Miss., November 3, 2009 Carlos Moore, Ashland, MS, pro se. MEMORANDUM OPINION MICHAEL P. MILLS, Chief Judge. This matter comes before the court on the pro se prisoner complaint of Carlos Moore, who challenges the conditions of his confinement under 42 U.S.C. § 1983. For the purposes of the Prison Litigation Reform Act, the court notes that the plaintiff was incarcerated when he filed this suit. For the reasons set forth below, this case shall be dismissed for failure to state a claim upon which relief could be gra... Kao Seng SAELEE, Plaintiff v. Captain BANKS, Defendant. , N.D.Miss., November 3, 2009 MEMORANDUM OPINION MICHAEL P. MILLS, Chief Judge. This matter comes before the court on the pro se prisoner complaint of Kao Seng Saelee, who challenges the conditions of his confinement under 42 U.S.C. § 1983. For the purposes of the Prison Litigation Reform Act, the court notes that the plaintiff was incarcerated when he filed this suit. The plaintiff alleges that his housing classification at the Tallahatchie County Correctional Facility is based upon the erroneous categorization of a rule... James LESTER, Petitioner v. Ronald KING, et al., Respondents. , N.D.Miss., November 3, 2009 MEMORANDUM OPINION SHARION AYCOCK, District Judge. This cause comes before the court on the petition of James Lester for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. After due consideration, the court finds that Respondents' motion to dismiss shall be granted and the petition dismissed with prejudice. A. Factual and Procedural Background On September 24, 1997, following guilty verdict, Lester was sentenced to serve life imprisonment for murder in the Circuit Court of Tunica County,... Lawrence MAXWELL, Plaintiff v. LOWNDES COUNTY ADULT DETENTION CENTER, et al., Defendants. , N.D.Miss., November 3, 2009 Lawrence Maxwell, West Point, MS, pro se. Katherine S. Kerby, Kerby Law Firm, LLC, Columbus, MS, for Defendants. FINAL JUDGMENT MICHAEL P. MILLS, Chief Judge. Upon consideration of the file and records in this action, the court finds that the Report and Recommendation of the United States Magistrate Judge dated October 2, 2009, was on that date duly served by mail upon Plaintiff and Defendants at their last known addresses; that more than ten days have elapsed since service of the Report... Eva ANDERSON a/k/a Eva Anderson Connerly, Plaintiff v. BANK OF AMERICA; Countrywide Home Loans a/k/a Bank of America; and Deutsche Bank, Investor, Defendants. , S.D.Miss., November 3, 2009 Eva Anderson, Petal, MS, pro se. George D. Hembree, III, Lindsay C. Thomas, McGlinchey Stafford, PLLC, Jackson, MS, for Defendants. OPINION AND ORDER DAVID BRAMLETTE, District Judge. This matter comes before the Court on the defendants' Motion to Dismiss [docket entry no. 2]. Having carefully considered the Motion, plaintiff's Response, applicable statutory and case law, and being otherwise fully advised in the premises, the Court finds and orders as follows: I. Facts and Procedural His... Courtney BALDWIN, Plaintiff v. MISSISSIPPI STATE UNIVERSITY, Defendant. , N.D.Miss., November 3, 2009 Walter Brent McBride, McBride Law Firm, PLLC, Tupelo, MS, for Plaintiff. Katherine S. Kerby, Kerby Law Firm, LLC, Columbus, MS, for Defendant. ORDER ON MOTION TO DISMISS SHARION AYCOCK, District Judge. The Court previously granted in part and held in abeyance part of the Defendant's Motion to Dismiss [20]. The parties have submitted supplemental briefing and the Court finds as follows: Factual and Procedural Background On April 12, 2004, the plaintiff accepted a position in the Mississ... NORTHERN HEALTHCARE CAPITAL, LLC, Plaintiff v. BRANDYWINE HEALTH SERVICES OF MISSISSIPPI, INC., d/b/a Choctaw County Medical Center, and Jeffrey Morse, Defendants. , N.D.Miss., November 3, 2009 John Samuel Hill, Mitchell, McNutt & Sams, Tupelo, MS, for Plaintiff. ORDER SHARION AYCOCK, District Judge. Currently before the Court is Plaintiff's Motion for Temporary Restraining Order and/or Preliminary Injunction [2]. For the reasons stated below, the motion is denied in part. Plaintiff alleges that it entered into a security agreement with Defendant Brandywine which set out terms and conditions governing Plaintiff's provision of financing for Brandywine's operations. Plaintiff fur... Antonio D'Andre FLEMING, Petitioner v. Bruce PEARSON, Warden, Respondent. , S.D.Miss., November 2, 2009 Antonio D'Andre Fleming, Yazoo City, MS, pro se. Angela Givens Williams, U.S. Attorney's Office, Jackson, MS, for Respondent. JUDGMENT DAVID BRAMLETTE, District Judge. This matter having come on to be heard on this date upon the Report and Recommendation of the United States Magistrate Judge entered in this cause, and the Court, after a full review of the record, having adopted said Report and Recommendation as the finding of this Court by Order dated this day, finds that this matter sho... UNITED STATES of America v. Johnny E. HICKS. , S.D.Miss., November 2, 2009 Giles Wood Bond, Jr., U.S. Attorney's Office, Jackson, MS, for U.S.A. Johnny E. Hicks, Parchman, MS, pro se. OPINION AND ORDER WILLIAM H. BARBOUR, JR., District Judge. This cause is before the Court on the "2255 Motion and/or 2241 Petition", which was filed by Defendant, Johnny E. Hicks ("Hicks"). [FN1] In his Motion, Hicks does not challenge his federal conviction or the sentence he received as to that conviction. Instead, Hicks challenges the manner in which his sentence is being execu... Lawrence K. BUTCHER and Jennifer Butcher, Plaintiffs v. ALLSTATE INSURANCE COMPANY, Defendant. , S.D.Miss., November 2, 2009 FINAL JUDGMENT KEITH STARRETT, District Judge. On the 14th day of September 2009, this cause came on for hearing and the parties announced that they were ready for trial on the merits of the Amended Complaint of Lawrence K. Butcher and Jennifer Butcher. A Jury of nine persons was selected, accepted and sworn according to law. Then, after hearing all of the evidence on the Amended Complaint, the argument of counsel and having received the instructions of the Court, on September 25, 2009, the J... Ermaine Octavia WINTERS, Plaintiff v. Ricky VENY and Douglas Smith, Defendants. , S.D.Miss., November 2, 2009 Jermaine Octavia Winters, Gulfport, MS, pro se. MEMORANDUM OPINION AND ORDER ROBERT H. WALKER, United States Magistrate Judge. Before the Court are [43] and [48] Defendants' motions for qualified immunity and summary judgment filed September 23, 2009. Plaintiff's responses to the motions were due by October 13, 2009, but Plaintiff has neither responded, nor requested any extension of time to do so. Despite Plaintiff's lack of a response, the Court must address the motions on the merits as t... Cliff HARDY, Plaintiff v. CITY OF TUPELO, MISSISSIPPI, Defendant. , N.D.Miss., November 2, 2009 Jim D. Waide, III, Ronnie Lee Woodruff, Waide & Associates, PA, Richard Shane McLaughlin, McLaughlin Law Firm, Tupelo, MS, for Plaintiff. Berkley N. Huskison, John Samuel Hill, Martha Bost Stegall, Mitchell McNutt & Sams, Columbus, MS, for Defendant. MEMORANDUM OPINION SHARION AYCOCK, District Judge. Before the Court is Defendant's Motion for Judgment as a Matter of Law and/or Motion for a New Trial or Remittitur [114], and Plaintiff's Motion for Back Pay and Front Pay [116]. For the re... CANAL INDEMNITY COMPANY, Plaintiff v. Tammy L. DAUMA, et al, Defendants. , S.D.Miss., October 30, 2009 MEMORANDUM OPINION AND ORDER KEITH STARRETT, District Judge. This matter is before the court on a Motion for Summary Judgment [# 110] filed on behalf of the plaintiff, Canal Indemnity Company ("Canal"). The court, having reviewed the motion, the response, the pleadings and exhibits on file, the briefs of counsel, the authorities cited, and being otherwise fully advised in the premises finds that the motion is well taken and should be granted. The court specifically finds as follows: FACTUAL... Tyree W. BROWN, Individually and as the Statutory Heir and Wrongful Death Beneficiary of Chester Brown and Lester Brown, Plaintiff v. ILLINOIS CENTRAL RAILROAD COMPANY, INC., a/k/a Canadian National Railroad, and The Dow Chemical Company, Defendant, S.D.Miss., October 30, 2009 Tyree W. Brown, Gulfport, MS, pro se. George H. Ritter, Charles H. Russell, III, Wise, Carter, Child & Caraway, Jackson, MS, Camille Henick Evans, Wells Marble & Hurst, PLLC, Ridgeland, MS, for Defendants. OPINION AND ORDER WILLIAM H. BARBOUR, JR., District Judge. This cause is before the Court on several motions filed by the parties in the above referenced civil action. As Plaintiff is proceeding in this case pro se, the allegations in his pleadings have been liberally construed. See e.... Barbara E. HERNDON, Plaintiff v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , N.D.Miss., October 30, 2009 Elizabeth Bower Dunlap, Elizabeth Bower Dunlap, Attorney, Dallas, TX, Ricky Brian Clark, Ricky Brian Clark, Attorney, Forest, MS, for Plaintiff. John Evans Gough, Jr., U.S. Attorney's Office, Oxford, MS, for Defendant. ORDER ADOPTING REPORT AND RECOMMENDATIONS W. ALLEN PEPPER, JR., District Judge. Upon consideration of the record of this action, the court finds that the Report and Recommendations of the United States Magistrate Judge dated September 14, 2009, was on that date duly filed... John ADCOCK, Plaintiff v. SOUTH AUSTIN MARINE, INC., Defendant. , S.D.Miss., October 30, 2009 Jesse Ward Conville, Conville & Conville, PLLC, Hattiesburg, MS, for Plaintiff. Jennifer G. Chrestman, The Shaw Group, Inc., Baton Rouge, LA, Timothy W. Lindsay, Wesley D. Ehrhardt, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Ridgeland, MS, for Defendant. MEMORANDUM OPINION AND ORDER KEITH STARRETT, District Judge. This matter is before the court on a Motion for Summary Judgment [# 14] filed on behalf of the defendant and on a Cross-Motion for Summary Judgment [# 19] filed on behalf... Gary D. ALLEN, Plaintiff v. Michelle GUNN, et al, Defendants. , S.D.Miss., October 30, 2009 Gary D. Allen, Leakesville, MS, pro se. Vardaman Kimball Smith, III, Bryan Nelson, PA, Hattiesburg, MS, Pelicia Everett Hall, Mississippi Attorney General's Office, Jackson, MS, for Defendants. MEMORANDUM OPINION AND ORDER ROBERT H. WALKER, United States Magistrate Judge. This matter comes before the Court for screening of Plaintiff's 42 U.S.C. § 1983 prisoner civil rights complaint. Plaintiff, proceeding pro se and in forma pauperis, filed the instant lawsuit on August 19, 2008, allegin... Jemecos HOWARD, Plaintiff v. Christopher EPPS, et al., Defendants. , S.D.Miss., October 30, 2009 Jemecos Lashun Howard, Leakesville, MS, pro se. Pelicia Everett Hall, Mississippi Attorney General's Office, Jackson, MS, for Defendants. ORDER ON MOTIONS MICHAEL T. PARKER, United States Magistrate Judge. THIS PRISONER CIVIL RIGHTS MATTER is before the court on Plaintiff's various motions. Having considered the motions and the entire record in this matter, the court finds and orders as follows: 1. Plaintiff's Motion to Amend [24] his Complaint is granted. In his motion, Plaintiff see... Joy Zella ECHOLS, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , N.D.Miss., October 29, 2009 Angela E. Davis-Morris, Davis-Morris, Hattiesburg, MS, Denise Bourgeois Haley, Denise Bourgeois Haley, Attorney, Santa Fe Springs, CA, for Plaintiff. John Evans Gough, Jr., U.S. Attorney's Office, Oxford, MS, for Defendant. MEMORANDUM OPINION DAVID A. SANDERS, United States Magistrate Judge. This case involves an application pursuant to 42 U.S.C. § 405(g) for judicial review of the decision of the Commissioner of Social Security ("Commissioner") denying the application of the claimant, J... Annette ROBERSON, Plaintiff v. GOLDEN LIVING CENTER, Defendant. , N.D.Miss., October 29, 2009 ORDER S. ALLAN ALEXANDER, United States Magistrate Judge. Defendant has moved under Rule 37 of the Federal Rules of Civil Procedure and Rules 37.1 and 26.1(3) of the Uniform Local Rules of the United States District Courts for the Northern and Southern Districts of Mississippi to compel plaintiff to provide responses to defendant's first set of interrogatories and first set of requests for production and for sanctions. More than 30 days have passed since the motion was filed; the plaintiff ha... PIC GROUP, INC., Plaintiff v. LANDCOAST INSULATION, INC. and Zurich American Insurance Co., Defendants. , S.D.Miss., October 29, 2009 Allen J. Krouse--PHV, III, Andrew M. Maestri--PHV, Carolyn B. Hennesy--PHV, David P. Curtis, David Phillip Curtis, Frilot, LLC, New Orleans, LA, for Plaintiff. Walter W. Dukes, Matthew M. Williams, Dukes, Dukes, Keating & Faneca, PA, Gulfport, MS, Susan A. Daigle, Daigle Rayburn, Patrick J. Briney, Briney & Foret, Lafayette, LA, Edward J. Currie, Jr., Joseph W. Gill, William H. Creel, Jr., Currie, Johnson, Griffin, Gaines & Myers, Jackson, MS, for Defendants. MEMORANDUM OPINION AND ORDER KE... Jeremiah J. JONES, # 13632-035, Petitioner v. Bruce PEARSON, Respondent. , S.D.Miss., October 29, 2009 Jeremiah J. Jones, Yazoo City, MS, pro se. MEMORANDUM OPINION AND ORDER DAVID BRAMLETTE, District Judge. This matter is before the court, sua sponte, for dismissal. The petitioner is presently incarcerated at the Federal Correctional Complex, Yazoo City, Mississippi and filed the instant petition for habeas relief pursuant to 28 U.S.C. § 2241 on June 9, 2009. As relief, petitioner is requesting that twenty eight months served in state custody be credited to his federal sentence. Backgroun... CARL E. WOODWARD, LLC, Plaintiff v. PASS MARIANNE, LLC, Defendant. , S.D.Miss., October 29, 2009 Ronald A. Yarbrough, Brunini, Grantham, Grower & Hewes, Jackson, MS, for Plaintiff. Chester D. Nicholson, Nicholson and Nicholson, Gulfport, MS, for Defendant. ORDER OF DISMISSAL LOUIS GUIROLA, JR., District Judge. THIS CAUSE COMES BEFORE THE COURT for consideration of the Court's subject-matter jurisdiction. The Plaintiff, Carl E. Woodward, LLC, filed this Complaint pursuant to 9 U.S.C. § 4 for an order enjoining Pass Marianne, LLC from prosecuting its cross-claim against Woodward excep... James William DEAS, Plaintiff v. AMERICAN RECOVERY SYSTEMS, INC., Defendant. , N.D.Miss., October 29, 2009 William Lawrence Deas, Deas & Deas, LLC, Tupelo, MS, for Plaintiff. MEMORANDUM OPINION SHARION AYCOCK, District Judge. Plaintiff's Motion for Default Judgment [9] is currently before the Court. For the reasons stated below, the motion is granted and this case is closed. Default judgments are generally disfavored. Lacy v. Sitel Corp ., 227 F.3d 290, 292 (5th Cir.2000). Federal courts universally favor a trial on the merits of a case. In re Dierschke, 975 F.2d 181, 183 (5th Cir.1992). Howe... UNITED STATES of America v. Barry SMITH. , N.D.Miss., October 29, 2009 Robert H. Norman, U.S. Attorney's Office, Oxford, MS, for United States of America. Johnnie E. Walls, Jr., Walls Law Firm, Greenville, MS, for Barry Smith. ORDER DAVID A. SANDERS, United States Magistrate Judge. This matter is before the court on motion of the defendant for an order requiring the government to produce discovery "to which he is entitled pursuant to Rule 16 of the Federal Rules of Criminal Procedure and the Jencks Act, 18 U.S.C. § 3500." As to the request pursuant to Rule ... Dale SUTTON, Plaintiff v. PARRETT TRUCKING, LLC, et al., Defendants. , N.D.Miss., October 28, 2009 Darryl Moses Gibbs, Tabor, Chhabra & Gibbs, P.A., Jackson, MS, for Plaintiff. David A. Barfield, Lara Ashley Coleman, Barfield & Associates, Madison, MS, Robert L. Gibbs, Brunini, Grantham, Grower & Hewes, Jackson, MS, for Defendants. MEMORANDUM OPINION SHARION AYCOCK, District Judge. Before the Court is Plaintiff's Motion to Remand [12]. For the reasons stated below, the Motion to Remand is denied. I. Factual and Procedural Background On January 25, 2006, Plaintiff entered an Independ... Charles SPANN, Plaintiff v. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. , S.D.Miss., October 28, 2009 Raju-Aundre' Branson, Schwartz & Associates, Jackson, MS, for Plaintiff. Toby J. Gammill, David E. Stovall, Whitney W. Gladden, Wilkins, Stephens & Tipton, P.A., Jackson, MS, for Defendant. ORDER DANIEL P. JORDAN III, District Judge. This uninsured motorist coverage dispute is before the Court on Defendant's motion for summary judgment [51]. The Court, having fully considered the parties' submissions and the applicable law, finds that the motion should be granted in part and denied in pa... Herman Rett CROWDER, IV, Plaintiff v. ALFA INSURANCE CORP., Defendant. , S.D.Miss., October 28, 2009 Joseph E. Roberts, Jr., Pittman, Germany, Roberts & Welsh, Jackson, MS, for Plaintiff. Alfonso Nuzzo, James Henderson Hall, Markow Walker, P.A., Jackson, MS, for Defendant. ORDER DANIEL P. JORDAN, III, District Judge. This insurance dispute is before the Court on the motion of Defendant Alfa Insurance Corporation ("Alfa") for partial summary judgment pursuant to Federal Rule of Civil Procedure 56. Plaintiff Herman Rett Crowder IV has responded in opposition. The Court, having conside... UNITED STATES of America v. Cornelius Dewayne SMITH. , S.D.Miss., October 28, 2009 ORDER DAVID BRAMLETTE, District Judge. This cause is before the Court on the defendant Cornelius Dewayne Smith's pro se Motion for Modification of Sentence Pursuant to 18 U.S.C. § 3582(c)(2)(docket entry 46). Having carefully considered the motion and the record in this case, the Court finds as follows: On November 2, 2004, the defendant pleaded guilty to possession with intent to distribute in excess of 50 grams of cocaine base (crack cocaine), in violation of 21 U.S.C. § 841(a)(1). On Ja... UNITED STATES of America v. Willie James JONES. , S.D.Miss., October 28, 2009 Willie James Jones, Marianna, FL, pro se. MEMORANDUM OPINION AND ORDER DENYING MOTION TO VACATE UNDER 28 U.S.C. § 2255 LOUIS GUIROLA, JR., District Judge. BEFORE THE COURT is the Motion of the Defendant, Willie James Jones, to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to Title 28, United States Code, Section 2255. Defendant seeks to set aside his April 10, 2007, Judgment of Conviction and subsequent sentence for violation of 21 U.S.C. § 841(a)(1). After ... James William DEAS, Plaintiff v. AMERICAN RECOVERY SYSTEMS, INC., Defendant. , N.D.Miss., October 28, 2009 William Lawrence Deas, Deas & Deas, LLC, Tupelo, MS, for Plaintiff. MEMORANDUM OPINION SHARION AYCOCK, District Judge. Plaintiff's Motion for Default Judgment [9] is currently before the Court. For the reasons stated below, the motion is granted and this case is closed. Default judgments are generally disfavored. Lacy v. Sitel Corp ., 227 F.3d 290, 292 (5th Cir.2000). Federal courts universally favor a trial on the merits of a case. In re Dierschke, 975 F.2d 181, 183 (5th Cir.1992). Howe... Angela TIGNER, Plaintiff v. Lea C. PASLAY INSURANCE, INC., et al., Defendants. , N.D.Miss., October 28, 2009 Gregory M. Hunsucker, Jim D. Waide, III, Hunsucker Law Firm, PLLC, Ronnie Lee Woodruff, Waide & Associates, PA, Tupelo, MS, for Plaintiff. Gayla L. Carpenter-Sanders, Kelly D. Simpkins, Wells, Marble & Hurst, PLLC, Ridgeland, MS, Michael W. Baxter, Barry Douglas Hassell, Copeland, Cook, Taylor & Bush, Ridgeland, MS, for Defendants. ORDER ON MOTION TO DISMISS SHARION AYCOCK, District Judge. Defendant Mutual of Omaha Insurance Company ("Mutual") filed a Motion to Dismiss [89] the Plaintif... UNITED STATES, Plaintiff v. Vinson Eric WOODBERRY, Defendant. , S.D.Miss., October 27, 2009 OPINION AND ORDER DAVID BRAMLETTE, District Judge. Pursuant to a sua sponte Order, a criminal and civil contempt hearing concerning Attorney Latrice Westbrooks ("Westbrooks") was held in Natchez, Mississippi, on August 26, 2009. Having carefully considered the witnesses' testimonies and the evidence presented in light of all applicable law, the Court finds and orders as follows: I. Background and Procedural History The original action that gave rise to the contempt hearing was Westbrooks' f... Deborah J. PARTIN, Plaintiff v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , N.D.Miss., October 27, 2009 Joe Morgan Wilson, Joe Morgan Wilson, Senatobia, MS, for Plaintiff. John Evans Gough, Jr., U.S. Attorney's Office, Oxford, MS, for Defendant. MEMORANDUM OPINION S. ALLAN ALEXANDER, United States Magistrate Judge. This case involves an application under 42 U.S.C. § 405(g) for judicial review of the decision of the Commissioner of Social Security denying the plaintiff's application for a period of disability (POD) and disability insurance benefits (DIB) under Title II and supplemental secu... Diane SPARKS, Plaintiff v. REGION VII MENTAL HEALTH-MENTAL RETARDATION COMMISSION also known as Community Counseling Services, Jackie Edwards, Individually, and David Winfield, Individually, Defendants. , N.D.Miss., October 27, 2009 MEMORANDUM OPINION SHARION AYCOCK, District Judge. Presently before the Court is Defendant Region VII-Mental Health-Mental Retardation Commission, a/k/a Community Counseling Services (CCS), and Jackie Edwards' Motion for Summary Judgment [55] and Defendant David Winfield's Motion for Summary Judgment [50]. The Court finds as follows: FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Diane Sparks was first employed by CCS [FN1] as an Outpatient Therapist in CCS's Clay County Office in 1998. Sp... Willie HANDY, Plaintiff v. Christopher EPPS, et al., et al., Defendants. , N.D.Miss., October 27, 2009 Sylvia Savini Owen, Owen Law Firm, Tupelo, MS, for Plaintiff. Charles Baron Irvin, Pelicia Everett Hall, Attorney General's Office, John L. Clay, Mississippi Attorney General's Office, Jackson, MS, Leonard Charlton Vincent, Mississippi Department of Corrections, Parchman, MS, for Defendants. ORDER ADOPTING REPORT AND RECOMMENDATION W. ALLEN PEPPER, JR., District Judge. Having considered the file and records in this case, the court finds that the Report and Recommendation of the United S... Roosevelt BARNES, Petitioner v. Ron KING, Respondent. , S.D.Miss., October 27, 2009 Roosevelt Barnes, Leakesville, MS, pro se. Frances Patterson Croft, Mississippi Attorney General's Office, Jackson, MS, for Respondent. ORDER TOM S. LEE, District Judge. This cause is before the court on the report and recommendation of the United States Magistrate Judge that respondent's motion to dismiss be denied. Respondent has advised that he agrees with the findings of fact and conclusions of law made by the magistrate judge, and according, the report and recommendation is adopted ... UNITED STATES of America v. Maurice HAMMOND. , S.D.Miss., October 27, 2009 Annette Williams, U.S. Attorney's Office, Gulfport, MS, for United States of America. ORDER DENYING DEFENDANT'S MOTIONS FOR RELEASE ON BOND PENDING APPEAL LOUIS GUIROLA, JR., District Judge. BEFORE THE COURT are the Motion for Release on Bond Pending Appeal [80] and the Amended Motion to Allow Defendant to be Released Pending Appeal [82], which were filed by the defendant, Maurice Hammond. The Government has filed a response opposing the Motions. Upon reviewing the submissions of the partie... Carolyn CLEVELAND, Plaintiff v. LA-Z-BOY INCORPORATED, Defendant. , S.D.Miss., October 27, 2009 James W. Nobles, Jr., James W. Nobles, Jr., Attorney, Clinton, MS, for Plaintiff. Kenneth E. Milam, Watkins & Eager, Jackson, MS, for Defendant. ORDER DANIEL P. JORDAN, III, District Judge. This Title VII sex discrimination case is before the Court on Defendant's motion for summary judgment [20]. Having fully considered the parties' submissions and applicable law, the Court finds that Defendant's motion is well taken and should be granted. I. Undisputed Facts and Procedure Plainti... Frank DAVIS, Petitioner v. Christopher EPPS, et al., Respondents. , N.D.Miss., October 26, 2009 Frank Davis, Parchman, MS, pro se. Jerrolyn M. Owens, Mississippi Attorney General's Office, Jackson, MS, for Respondents. MEMORANDUM OPINION NEAL B. BIGGERS, Senior District Judge. This cause comes before the court on the petition of Frank Davis for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. After due consideration, the court finds that Respondents' motion to dismiss shall be granted and the petition dismissed with prejudice. A. Factual and Procedural Background On January ... Dr. Clint NICHOLS, Plaintiff v. The UNIVERSITY OF SOUTHERN MISSISSIPPI, et al., Defendants. , S.D.Miss., October 26, 2009 Kim Turner Chaze, Kim T. Chaze, Attorney, Durham, NH, for Plaintiff. Alan M. Purdie, Purdie & Metz, PLLC, Ridgeland, MS, Lee P. Gore, University of Southern Mississippi, Hattiesburg, MS, for Defendants. MEMORANDUM OPINION AND ORDER KEITH STARRETT, District Judge. This matter is before the court on a Motion to Dismiss, or, in the alternative, Motion for Summary Judgment [Doc. # 44], filed on behalf of Defendants. The court, having reviewed the motion, the responses, the pleadings and exhi... Latrell ADAMS, Petitioner v. State of MISSISSIPPI, Respondent. , S.D.Miss., October 26, 2009 Latrell Adams, Woodville, MS, pro se. JUDGMENT DANIEL P. JORDAN, III, District Judge. Having fully reviewed the Report and Recommendation of the United States Magistrate Judge entered in this cause, and having adopted same as the opinion of this Court, the Court finds that the same entire action should be dismissed with prejudice. THEREFORE, IT IS ORDERED AND ADJUDGED that judgment be and is hereby entered in favor of the defendants, and that this action is dismissed with prejudice. S... UNITED STATES of America v. Brian Keith GRAY. , S.D.Miss., October 26, 2009 ORDER WALTER J. GEX, III, District Judge. THIS CAUSE comes before the Court on motion [54] of Defendant Brian Keith Gray to vacate and set aside or correct his previously imposed sentence pursuant to 28 U.S.C. § 2255. The Petition filed February 2, 2009, contends that his counsel, Omar L. Nelson, was ineffective because he did not file a motion to suppress evidence which Gray claims was obtained in violation of his constitutional rights prior to the entry of his plea. (Ct. R., Doc. 54, pp. 4-... Torri Lavon SANDERS, Petitioner v. MDOC, et al., Respondents. , N.D.Miss., October 26, 2009 Torri Lavon Sanders, Pearl, MS, pro se. Lesley G. Miller, Mississippi Attorney General's Office, Jackson, MS, for Respondents. MEMORANDUM OPINION NEAL B. BIGGERS, Senior District Judge. This cause comes before the court on the petition of Torri Sanders for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The State has responded, the Petitioner has filed a traverse and this matter is ripe for review. After due consideration, the court finds that the petition should be denied in all r... Edward Arthur GRIFFIN, Petitioner v. UNITED STATES of America, Respondent. , N.D.Miss., October 26, 2009 Susan Spears Bradley, U.S. Attorney's Office, Oxford, MS, for Respondent. MEMORANDUM OPINION W. ALLEN PEPPER, JR., District Judge. This matter comes before the court on Edward Arthur Griffin's 28 U.S.C. § 2255 motion to vacate, set aside, or correct the sentence imposed in the court's September 7, 2007, judgment. The government responded to the motion on March 31, 2009. This matter is ripe for review. For the reasons set forth below, the instant petition for writ of habeas corpus shall be d... Courtney Orlandus HUNT, Plaintiff v. TUPELO LEE COUNTY JUVENILE AND ADULT CRIMINAL SYSTEMS, et al., Defendants. , N.D.Miss., October 26, 2009 Courtney Orlandus Hunt, Tupelo, MS, pro se. MEMORANDUM OPINION GLEN H. DAVIDSON, Senior District Judge. This matter is before the court, sua sponte, for consideration of dismissal. See28 U.S.C. §§ 1915(e)(2) and 1915(A). The Plaintiff, an inmate currently housed at the Tupelo-Lee County Adult Jail, filed this complaint pursuant to 42 U.S.C. § 1983. The Plaintiff complains about the fact of his various convictions over the course of years. The Plaintiff is seeking monetary damages related to... Earl WEBSTER, Petitioner v. UNITED STATES of America, Respondent. , N.D.Miss., October 23, 2009 MEMORANDUM OPINION W. ALLEN PEPPER, JR., District Judge. This matter comes before the court on the motion of Earl Webster to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. The government has responded to the motion and the matter is ripe for resolution. For the reasons set forth below, the instant motion to vacate, set aside, or correct Webster's sentence shall be denied. Facts and Procedural Posture The petitioner, Earl Webster ("Webster"), was charged in a twenty-four-... Dretricke O'NEAL, On Behalf of Himself and Others Similarly Situated, Plaintiff v. Paul CAMPBELL and C. Glen Campbell, Both Individually and as the Owners and Operators of T & S Tunnel Express, Defendants. , S.D.Miss., October 23, 2009 Jennifer Miller Bermel, Morgan & Morgan, PA, Memphis, TN, for Plaintiff. R.E. Parker, Jr., Varner, Parker & Sessums, Vicksburg, MS, for Defendants. OPINION AND ORDER DAVID BRAMLETTE, District Judge. This matter comes before the Court on the defendants' Motion to Dismiss [docket entry no. 3]. Having carefully considered the Motion, plaintiff's Response thereto, applicable statutory and case law, and being otherwise fully advised in the premises, the Court finds and orders as follows: I... Brenda S. WILLIAMS, Plaintiff v. BEAU RIVAGE, MGM Mirage, et al., Defendants. , S.D.Miss., October 23, 2009 Laquetta Maria Golden, Laquetta Golden, Attorney, Gulfport, MS, for Plaintiff. Steven R. Cupp, Watkins, Ludlam, Winter & Stennis, P.A., Gulfport, MS, for Defendants. ORDER ADOPTING REPORT AND RECOMMENDATION HALIL SULEYMAN OZERDEN, District Judge. This cause comes before the Court on the Report and Recommendation [3] of Chief United States Magistrate Judge John M. Roper, recommending denial of Plaintiff's Motion [2] for Leave to Proceed In Forma Pauperis. Plaintiff did not timely file obj... Russell Lance HUTCHINS, Plaintiff v. Rochelle WALKER, M.D., Christopher Epps, and Gloria Perry, M.D., Defendants. , S.D.Miss., October 23, 2009 Russell Lance Hutchins, Pearl, MS, pro se. Pelicia Everett Hall, Mississippi Attorney General's Office, Jackson, MS, for Defendants. MEMORANDUM OPINION AND ORDER JAMES C. SUMNER, United States Magistrate Judge. This cause is before the court on the motion for summary judgment filed by Defendants Christopher Epps and Gloria Perry. An order of reference to the undersigned was previously entered herein, and the parties have consented to exercise of jurisdiction by the undersigned. Having co... Patricia PEYTON, Plaintiff v. CITY OF YAZOO CITY, MISSISSIPPI, et al., Defendants. , S.D.Miss., October 23, 2009 Edricke L. Peyton, Memphis, TN, pro se. Gary E. Friedman, William Brett Harvey, Phelps Dunbar, Jackson, MS, for Defendants. ORDER GRANTING WITHDRAWAL OF MOTION FOR ENTRY OF DEFAULT DAVID BRAMLETTE, District Judge. This matter comes before the Court on the plaintiff's Motion to Withdraw Motion for Entry of Default Judgment [docket entry no. 19] and plaintiff's Motion for Default Judgment [docket entry no. 15]. Having carefully considered the Motion, the defendant's Response thereto, appli... Reginald Edwin BOSSIER, Plaintiff v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. , S.D.Miss., October 23, 2009 Judy M. Guice, Law Offices of Judy M. Guice, Biloxi, MS, Stanton J. Fountain, Jr., Stanton J. Fountain, Jr., Attorney, Biloxi, MS, for Plaintiff. Harry Benjamin Mullen, John A. Banahan, Bryan, Nelson, Schroeder, Castigliola & Banahan, Pascagoula, MS, for Defendant. ORDER L.T. SENTER, JR., Senior Judge. Plaintiff's [155] Motion in Limine addresses three subjects: the admissibility of evidence surrounding Plaintiff's receipt of a Mississippi Development Authority (MDA) grant and a loan fro... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com