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https://www.courtlistener.com/api/rest/v3/opinions/7217825/ | BOGGS, Circuit Judge.
David L. Williams appeals from the judgment and final order of the district court granting York International Corporation’s (“York”) motion for summary judgment and dismissing his claims with prejudice in this diversity case. Williams argues that the district court erred in granting summary judgme... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217826/ | PER CURIAM.
This appeal arises from Cynthia Fraser’s conviction for violations of 18 U.S.C. § 371, conspiracy to defraud for the purpose of carrying on a mail or telemarketing scheme, and of 18 U.S.C. § 1342, using a fictitious name or address. Fraser claims that the evidence was insufficient to support her convictions... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217827/ | PER CURIAM.
Plaintiff, Arlene S. Pownall, appeals from the district court’s order granting summary judgment to the City of Perrys-burg and denying her motion for partial summary judgment on claims brought pursuant to the Family Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-2654. The district court concluded that Pownal... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217828/ | OPINION
GILMAN, Circuit Judge.
Carlos Rosales-Urbina pled guilty to the charge of illegally reentering the United States after deportation, in violation of 8 U.S.C. § 1326(a). He received a sentencing enhancement pursuant to 8 U.S.C. § 1326(b) because he had been previously convicted of committing an aggravated felony.... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217829/ | GIBBONS, Circuit Judge.
Defendant-appellant Arthur Quentice Jones was convicted of thirteen counts of distribution of crack cocaine and one count of possession of crack cocaine with intent to distribute. Jones appeals his conviction *828on the grounds that the evidence presented at trial was insufficient to establish b... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217830/ | RUSSELL, District Judge.
The United States appeals the district court’s decision to exclude from evidence certain firearms found at the home of the Appellee. The United States claims that the district court incorrectly used an objective, rather than a subjective, standard when applying the test found in Franks v. Delaw... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217832/ | BATCHELDER, Circuit Judge.
George Lee Jackson and his son, Jonathan Lee Jackson appeal the denial of their motions to suppress, filed after entry of their conditional pleas of guilty to one count of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Jonathan Lee Jackso... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217833/ | FORESTER, District Judge.
Quincy Jamóte Price and Juwell Darnell Castleberry were indicted in a fourth superseding indictment with engaging in a conspiracy to distribute cocaine, cocaine base (“crack”), and marijuana in Grand Rapids. Michigan, in violation of 21 U.S.C. § 846. Castleberry pleaded guilty to one count of ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217834/ | PER CURIAM.
In this appeal, defendant Timothy Robertson argues that the district court erred when it ordered that his federal sentence for being a felon in possession of a firearm be served consecutively to his Tennessee sentences for aggravated assault, possession with intent to sell a half gram or more of cocaine, an... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217835/ | PER CURIAM.
Defendant-appellant Albert Wayne Francheck was convicted after a non-jury trial of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and possession of a firearm with an obliterated serial number in violation of 18 U.S.C. § 922(k). He also pled guilty to two counts of possessing ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217836/ | ORDER
Dortha Elkins, proceeding with the benefit of counsel, appeals the sentence of imprisonment imposed upon her plea of guilty to conspiring to manufacture methamphetamine in violation of 21 U.S.C. §§ 846 & 841(b)(1)(C). The parties have expressly waived oral argument and upon examination, this panel unanimously ag... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217837/ | ORDER
Carla S. Engle, proceeding pro se, appeals a district court order dismissing her civil rights action filed pursuant to 42 U.S.C. § 1983. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217838/ | OPINION
McKEAGUE, District Judge.
A grand jury indicted Eulric Ware for knowingly and intentionally attempting to possess cocaine in violation of 21 U.S.C. § 812. On Ware’s motion and after a suppression hearing, the district court issued an order suppressing (1) defendant’s post-custodial inculpatory statements to pol... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217839/ | *870ORDER
This cause having come on to be heard upon the record, the briefs and the oral argument of the parties, and upon due consideration thereof,
It is ORDERED that the judgment of the district court be, and it hereby is, affirmed upon the opinion of the district court. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217842/ | ORDER
Eugene Anthony Gesuale, a pro se federal prisoner, appeals a district court order denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241. The government has filed a brief. This case has been referred to a panel of the court pursuant to Rule 34(j')(l), Rules of the Sixth Circuit. Upon... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217843/ | ORDER
Byron A. Looper, a Tennessee prisoner proceeding pro se, appeals a district court order dismissing his complaint filed under 42 U.S.C. §§ 1983, 1985 and 1986 and the Racketeer Influenced and Corrupt Organization Act (RICO) (18 U.S.C. § 1961, et seq.). This case has been referred to a panel of the court pursuant ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217979/ | ORDER
The petitioner having failed to pay the docketing fee required by Federal Circuit Rule 52(a)(1) and to file the required Statement Concerning Discrimination, it is
ORDERED that the petition for review be, and the same hereby is, DISMISSED, for failure to prosecute in accordance with the rules. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217980/ | ORDER
The petitioner having failed to file the required Statement Concerning Discrimination, it is
ORDERED that the petition for review be, and the same hereby is, DISMISSED, for failure to prosecute in accordance with the rules. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224403/ | ORDER ADOPTING MAGISTRATE JUDGE’S MEMORANDUM AND RECOMMENDATION
SIM LAKE, District Judge.
Having reviewed the Magistrate Judge’s Memorandum and Recommendation dated April 21, 2014, and the objections and responses filed thereto, the court is of the opinion that said Memorandum and Recommendation should be adopted by t... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224404/ | OPINION AND ORDER
JANET T. NEFF, District Judge.
Plaintiff filed this case against Defendant, alleging that Defendant sent her a debt collection letter that violates the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq. Defendant moves to dismiss Plaintiffs complaint under Fed. R.CrvP. 12(b)(6) for ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217845/ | ORDER
Lashon Patterson appeals his sentence of imprisonment entered upon his guilty plea to one count of conspiracy to distribute cocaine in violation of 21 U.S.C. § 841. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217846/ | ORDER
Opal Mitchell, a pro se Kentucky resident, appeals a district court order denying her motion for relief from judgment filed pursuant to Fed.R.Civ.P. 60(b). This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees th... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217847/ | ORDER
Theodore Reynolds, a Michigan state prisoner, requests the appointment of counsel and appeals a district court order dismissing his petition for a writ of habeas *883corpus, filed pursuant to 28 U.S.C. § 2254. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circu... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217848/ | Plaintiff, Steven Picht, appeals from the district court’s judgment entered on November 14, 2001, granting summary judgment to Defendant, Togo D. West, Secretary of Veterans Affairs, thereby dismissing Plaintiff’s claim brought under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., alle... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217849/ | ORDER
Fred Richardson, an African-American physician, brought suit against Rush Presbyterian St. Luke’s Medical Center, several entities affiliated with Rush, and five Rush employees, claiming violations of 42 U.S.C. § 1981, Title VII of the Civil Rights Act of 1964, and various state laws. Rush filed two counterclaims... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217850/ | ORDER
Uluches Jefferson, an Illinois prisoner, sued numerous employees of the Illinois Department of Corrections asserting that they used excessive force (or permitted excessive force to be used) against him on several occasions. A jury found in favor of the defendants, and Jefferson appeals.
Jefferson’s pro se brief r... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217851/ | ORDER
Anthony Maclin was convicted after a jury trial of conspiracy to distribute crack, 21 U.S.C. §§ 846, 841(a)(1), and two counts of distributing crack, id. § 841(a)(1). The district court sentenced him to two life terms plus another 262 months, all to run concurrently. Maclin filed a notice of appeal, but his appoi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217852/ | ORDER
These consolidated appeals were brought by two men who were caught unloading 3248 pounds of marijuana in a Chicago warehouse. One of the appellants, Rodrigo Torres, pleaded guilty to drug conspiracy and distribution charges, though apparently the district court later dismissed the distribution count and entered a... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217853/ | ORDER
Dahana Sutherland sued Norfolk Southern Railway Company and Norfolk Southern Corporation (collectively “Norfolk”), alleging that they violated Title VII of the Civil Rights Act, 42 U.S.C. § 2000e, et seq. by refusing to promote her because she is female. The district court granted the defendants’ motion for summa... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217855/ | ORDER
Manuel Gonzalez-Rangel (referred to hereafter as “Rangel”) plead guilty to one count of conspiracy to possess with intent to distribute in excess of five kilograms of cocaine and marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 846, and three counts of distribution of cocaine, in violation of 21 U.S.C. § 841... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217856/ | ORDER
In response to the events of September 11, 2001, President Bush declared a “war on terrorism.” Larry George, Paul Nigl, and Richard Brevitz, all Wisconsin inmates, filed this suit in district court, with the purported intention of lending a hand in that war. Invoking 28 U.S.C. § 1605, 18 U.S.C. § 2333, and a host... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217857/ | Order
DSM Engineering disciplined Kim Vincent 53 times under the firm’s no-fault, points-based, absenteeism rules. DSM also reserved the right to take action in response to chronic absenteeism that does not require automatic dismissal for excess points. DSM suspended Vincent for chronic absenteeism, observing that he r... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217858/ | ORDER
In July 2001 Kerry Nelson filed this action pro se to collect damages for injuries he suffered after he allegedly fell over a metal merchandise rack in a Wal-Mart store. In March 2002 the district court granted summary judgment in favor of the defendants, Wal-Mart, Inc. and Claims Management, Inc. The court reaso... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217859/ | ORDER
Three years ago, a bevy of police officers, acting on an informant’s tip, raided a Milwaukee home and discovered large quantities of drugs and drug paraphernalia. Curtis Brewer, who had been convicted of distributing cocaine base in 1993, was apprehended as he tried to flee the home. Police later discovered a fir... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217860/ | ORDER
Millend Gupta sued his former employer, the University of Wisconsin System, *926and several of its employees (collectively “defendants”), alleging that they refused to extend his tenure clock and denied him tenure based on his national origin and race in violation of Title VII of the Civil Rights Act of 1964. 42 ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217862/ | ORDER
Sergio Gutierrez pleaded guilty to conspiracy to possess with intent to distribute more than five kilograms of cocaine, in violation of 21 U.S.C. § 841(a)(1); as part of his plea agreement, the government dismissed several related charges. The district court imposed a 262-month sentence of imprisonment, to be fol... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217863/ | ORDER
Starting in July 1997, Emanuel Wright was employed by Efficient Lighting Systems, Inc., an electrical contracting company. Wright, the company’s only African-American employee, advanced during his tenure from “helper” to “apprentice” and then from “apprentice” to “leadman.” But his ascent through the Efficient ra... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217864/ | ORDER
Henry Garcia Liranzo pleaded guilty to one count of being present in the United *945States without permission after having been deported following an aggravated felony, 8 U.S.C. § 1326(a), (b). The district court sentenced him to 77 months’ imprisonment. Mr. Liranzo filed a notice of appeal, but his appointed cou... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217865/ | ORDER
Christopher Robinson pleaded guilty to conspiracy to distribute cocaine, 21 U.S.C. § 846, 841(a)(1), and was sentenced to 188 months’ imprisonment as a career offender. Robinson filed a notice of appeal, but his attorney has moved to withdraw, asserting that there are no nonfrivolous issues for appeal. See Anders... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217867/ | ORDER
In September 2001 a jury found Phillip Charleston guilty of two counts of carrying a firearm during a violent crime, 18 U.S.C. § 924(c)(1), one count of obstructing commerce by robbery, 18 U.S.C. § 1951, one count of carjacking, 18 U.S.C. § 2119, and one count of possession of a firearm by a felon, 18 U.S.C. § 92... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217868/ | ORDER
In 1998, Ms. Henry sustained serious injuries in an automobile accident when a Ford Explorer traveling in the opposite direction hit the dividing wall on the turnpike. After the accident, the owner of the Ford Explorer discovered that the tread of one of its tires had separated. He replaced the faulty tire and di... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217869/ | ORDER
This is an easy case treading deep constitutional waters. John Jackubowski argues that his conviction for possessing a firearm after a felony conviction, 18 U.S.C. *960§ 922(g)(1), contravenes the Second Amendment and exceeds the power accorded Congress by Article I’s Commerce Clause. Although his brief cites to ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224405/ | OPINION AND ORDER
S. ARTHUR SPIEGEL, Senior District Judge.
Before the Court are the following motions: Plaintiffs motion for an order to pay disputed death benefit proceeds (less its attorneys’ fees and costs) into the Court and to dismiss it with prejudice from this action (doc. 18), Defendant Marvin Shenkin’s memora... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217871/ | PER CURIAM.
In these consolidated appeals, Jeffrey D. Armstrong and William Lawrence — d/b/a Native American Press/Ojibwe News — appeal the district court’s1 adverse grant of summary judgment in their 42 U.S.C. § 1983 action. Having carefully reviewed the record, see Spencer v. Knapheide Truck Equip. Co., 183 F.3d 902,... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217872/ | MEMORANDUM **
Gerald Rider appeals the 168-month sentence imposed following his guilty plea conviction for abusive sexual contact with a child under the age of twelve, in violation of 18 U.S.C. §§ 2241(c) and 1153. We have jurisdiction under 28 U.S.C. § 1291. We review for clear error a district court’s factual finding... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217873/ | MEMORANDUM **
Michael Frank Jarvill appeals the 60-month sentence imposed following his guilty plea conviction for conspiracy, 18 U.S.C. § 371, mail fraud, 18 U.S.C. § 1341, and wire fraud, 18 U.S.C. § 1343. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742.
We reject Jarvill’s contention that his senten... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217874/ | MEMORANDUM **
Gys Jansen Van Beek and Zwaantje Jansen Van Beek appeal from the district court’s denial of their motion to vacate a civil judgment of quiet title pursuant to Fed.R.Civ.P. 60(b)(4). We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for abuse of discretion, see Maraziti v. Thorpe, 52 F.3d 252, 2... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217875/ | MEMORANDUM **
George Jay Nelson and Joan Elizabeth Nelson appeal pro se the district court’s summary judgment in favor of defendants, and order denying reconsideration, in their 42 U.S.C. § 1983 action, which alleged due process violations and fraud on the court. We have jurisdiction pursuant to 28 U.S.C. § 1291. We re... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217880/ | MEMORANDUM **
California state prisoner David Luis Bustamante appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habe-as petition, which challenges his robbery conviction. We have jurisdiction pursuant to 28 U.S.C. § 2253(a). Reviewing de novo, Alvarado v. Hickman, 316 F.3d 841, 845 (2002), amended, (9t... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217877/ | MEMORANDUM **
Oregon state prisoner Edward Bailey appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Resnick v. Hayes, 213 F.3d 443, 446 (9th Cir.2000), and we affirm.
The district court ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217878/ | MEMORANDUM **
Gary Evans appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291. We review for abuse of discretion the district court’s decision to invoke the doctrine of judicial estoppel, Hamilton v. State Farm Fire & Cas. Co., 270 F.3d 778, 78... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217879/ | MEMORANDUM **
Cyrus N. Plush, a Washington state prisoner, appeals pro se the district court’s judgment dismissing without prejudice his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for clear error the district court’s factual findi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217959/ | ORDER
The petitioner having failed to pay the docketing fee required by Federal Circuit Rule 52(a)(1) and to file the required Statement Concerning Discrimination, it is
ORDERED that the petition for review be, and the same hereby is, DISMISSED, for failure to prosecute in accordance with the rules. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224408/ | Memorandum Opinion and Order
Gary Scott Feinerman, United States District Judge
The personal representative of Derek Boogaard’s estate, who for ease of reference will be called “Boogaard” unless context requires otherwise, brought this suit in the Circuit Court of Cook County, Illinois, against the National Hockey Lea... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224409/ | MEMORANDUM OPINION AND ORDER
Chief Judge Ruben Castillo, United States District Court
Illinois prisoner Robert Mueller (“Petitioner”) is serving a. 32-year sentence for eight counts of criminal sexual assault. On April 17, 2013, he filed this petition for a "writ of habeas corpus pursuant to 28 U.S.C. § 2254 (“Petitio... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224410/ | MEMORANDUM OPINION
SAMUEL DER-YEGHIAYAN, District Judge
This matter is before the court on Defendant Life Time Fitness, Inc.’s (Life *671Time) partial motion for summary judgment on Count I. For the reasons stated below, the motion for summary judgment is denied.
BACKGROUND
Antowine Locke (Antowine), now deceased, was... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217881/ | MEMORANDUM **
Bonifacio Ramirez-Adan, a native and citizen of Mexico, appeals the district *983court’s denial of his habeas corpus petition, filed pursuant to 28 U.S.C. § 2241, challenging the denial of suspension of deportation. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We review de novo a district court’... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217882/ | MEMORANDUM **
Harolyn Anita Kesington appeals pro se the district court’s summary judgment in favor of Teamsters Local Union No. 63 and Roadway Express, in Kesington’s action alleging employment discrimination on the basis of race in violation of Title VII of the Civil Rights Act (42 U.S.C. § 2000e). We have jurisdicti... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217884/ | MEMORANDUM***
Ron Kvilhaug appeals the district court’s order granting summary judgment in favor of Exxon Mobil on his Montana Human Rights Act (“MHRA”) claim. The facts are known to the parties and will not be repeated herein except as necessary.
We review de novo the district court’s decision to grant summary judgmen... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217886/ | MEMORANDUM **
Jose Colin-Correa appeals his guilty-plea conviction and 33-month sentence for harboring illegal aliens and engaging in a related monetary transaction, in violation of 8 U.S.C. § 1324(a)(1)(A)(iii) and 18 U.S.C. § 1957. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217887/ | MEMORANDUM **
Marcus Bridges appeals his guilty-plea conviction and 84-month sentence for use of a communication facility to facilitate a drug trafficking offense in violation of 21 U.S.C. § 843(b), and failure to report a felony in violation of 18 U.S.C. § 4. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 13... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217888/ | MEMORANDUM **
Gustavo Evaristo Cuevas-Gavino appeals his guilty-plea conviction and 57-month sentence for being found in the United States after having been previously deported, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Cuevas-Gavino’s counsel... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217889/ | MEMORANDUM **
Leslie Matthews appeals her 51-month sentence imposed following her guilty-plea conviction for mail fraud, in violation of 18 U.S.C. §§ 1341 and 2. Matthews’ counsel filed a motion to withdraw as counsel of record and a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217890/ | MEMORANDUM **
Oscar M. Tamez appeals the 97-month sentence imposed following his guilty plea conviction for conspiracy to distribute methamphetamine and/or marijuana and drug possession/distribution in violation of 21 U.S.C. §§ 846, 841(a)(1) and 18 U.S.C. § 2. We dismiss for lack of jurisdiction.
Tamez contends the di... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217892/ | MEMORANDUM **
The Immigration and Naturalization Service appeals the district court’s grant of habeas relief to Appellee Phong Thanh Nguyen.
The district court held that § 212(h) of the Immigration and Nationality Act (“INA”), as amended by § 348(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217893/ | MEMORANDUM ***
Appellant Norma Jean Dalton appeals the district court’s judgment in favor of Linda Townsend and its award of attorney’s fees. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Appellant claims that under Arizona law, Businessmen’s Assurance (“BMA”) waived compliance with its change of be... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217894/ | MEMORANDUM **
Shane Joseph Corona appeals his 120-month sentence for possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), and we affirm.
Corona contends that the district court erred in not fully explai... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217895/ | MEMORANDUM **
Dolores Ayala-Valverde (“Ayala”), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of her appeal from the Immigration Judge’s order finding her removable for alien smuggling. We have jurisdiction pursuant to 8 U.S.C. § 1252, and deny the petition.... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217897/ | MEMORANDUM ***
Petitioner Reyna Saldana (“Saldana”) seeks review of a decision of the Board of Immigration Appeals (“BIA”), dismissing her appeal of the Immigration Judge’s (“IJ”) denial of her motion to rescind an in absentia deportation order and to reopen deportation proceedings to apply for suspension of deportatio... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217899/ | MEMORANDUM**
Kitrich A. Powell, an inmate at Nevada’s Ely State Prison, appeals the dismissal of all claims but a claim for retaliation in his 42 U.S.C. § 1983 action. E.K. McDaniel, Dwight Neven, Gilbert Cunningham, Gerald Thompson, Scotty Neads, and Becki Lopez (collectively “prison officers”), cross-appeal from a ju... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217900/ | MEMORANDUM***
Corey Keith Woodard was tried and convicted on two counts of felony drug distribution, one count of felony drug possession with the intent to distribute, and one count of unlawfully possessing a firearm; his criminal conviction and sentence were affirmed on direct appeal. Woodard appeals from the district... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217901/ | MEMORANDUM **
Appellants, defendants Aurora National Life Assurance Company and New California Life Holdings, Inc. (“Aurora”), file this interlocutory appeal from the district court’s order granting in part and denying in part a motion to dismiss filed by all defendants. Aurora appeals the district court’s denial of it... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217903/ | MEMORANDUM**
Carlos Tomas Garcia, a California state prisoner, brought this action alleging that prison officials violated his constitutional rights by exposing him to second-hand smoke, refusing to provide proper medical care for his smoke-related illnesses, and retaliating for his grievance filings. The district cour... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217905/ | MEMORANDUM ***
Nancy Dzina appeals from the district court’s dismissal of her counterclaim against North American Company for Life Insurance for breach of contract and breach of the implied covenant of good faith and fair dealing. Nancy alleged that North American breached its contractual and implied duties when it fai... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217906/ | MEMORANDUM *
Peter Bullock appeals from the district court’s dismissal of most of his claims arising under 42 U.S.C. §§ 1983 and 1985 as barred by the statute of limitations. The district court granted summary judgment against Bullock regarding the remaining claim. He alleges that a string of acts by the Town of Woodsi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217907/ | MEMORANDUM*
Carrie Serrano appeals the district court’s grant of summary judgment to Multnomah County, Oregon, on her federal and state civil rights claims against it arising out of her discharge. See 42 U.S.C. § 1983; Or.Rev.Stat. § 659A.030. We affirm.
(1) Serrano, who was an at-will employee, first asserts that the ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217908/ | AMENDED MEMORANDUM **
Michael Lavery appeals the district court’s orders granting summary judgment to the City of Laguna Beach and other individuals who work for the City and the City’s Police Department. We affirm in part and reverse and remand in part.
We affirm the district court’s summary judgment in favor of the C... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217909/ | MEMORANDUM *
Plaintiffs-appellants, students at the University of Montana who have paid out-of-state tuition but who claim that they would have qualified for in-state status, appeal the district court’s dismissal of their action for lack of standing. We hold that the students have alleged sufficient facts to maintain t... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217910/ | MEMORANDUM***
George Anthony appeals the district court’s dismissal of his claim for a refund on his 1992 taxes. This case arises out of a prior tax court judgment, to which both Anthony and the Internal Revenue Service (“IRS”) stipulated, and in which a portion of Anthony’s income was erroneously double-counted. The I... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217911/ | MEMORANDUM *
Plaintiff-Appellant Tamara Evans appeals the district court’s dismissal of her equal protection claims, raised under 42 U.S.C. § 1983, pursuant to the defendants’ Rule 50(a) motion at the close of her case. She also appeals the district court’s refusal to instruct the jury on her claim of coworker retaliat... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217914/ | MEMORANDUM *
This action arises under the Petroleum Marketing Practices Act (“PMPA”), 15 U.S.C. §§ 2801-2841, as well as several California statutes.
1. Plaintiffs argue that they were entitled to a jury trial on their PMPA claim. On de novo review, Del Monte Dunes at Monterey, Ltd. v. City of Monterey, 95 F.3d 1422, 1... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217915/ | *40MEMORANDUM ***
Whitewater Engineering Corporation (“Whitewater”) appeals from the district court’s entry of summary judgment in a suit brought by boards of trustees of various union pension funds (collectively referred to as “Trustees”). We affirm. Because the parties are familiar with the factual and procedural his... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217916/ | MEMORANDUM **
Michael Somerville appeals the district court’s grant of summary judgment in favor of Defendant-Appellee Association of Western Pulp and Paper Workers, Local No. 817.1 We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.
I
The distr... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217917/ | MEMORANDUM**
Michael Lynch appeals the district court’s judgment entered in his suit for copyright infringement suit against Trend-west Resorts, Inc. (“Trendwest”) following a jury trial. We affirm. Because the parties are familiar with the factual and procedural history of this appeal, we need not recount it here.
I
T... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217918/ | MEMORANDUM**
Jewell Smith, a Nevada state prisoner, appeals pro se the district court’s summary judgment in favor of prison officials in Smith’s 42 U.S.C. § 1983 action alleging unhealthy and unsanitary prison conditions in violation of his Eighth Amendment Rights. We have jurisdiction pursuant to 28 U.S.C. § 1291. We ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224412/ | OPINION AND ORDER
PHILIP P. SIMON, Chief Judge.
Plaintiff Brotherhood of Maintenance of Way Employees Division of the International Brotherhood of Teamsters accuses Indiana Harbor Belt Railroad Company of racial discrimination and harassment in the work place.' The Union seeks both monetary and injunctive relief. Indi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217922/ | MEMORANDUM *
Mario Ochoa-Garcia appeals his conviction for being a deported alien found in the United States. See 8 U.S.C. § 1326. We affirm.
While Ochoa raises three separate issues, each of them revolves around his claim that he never entered the United States because he was under official restraint from the moment h... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217923/ | MEMORANDUM**
Jose Valencia appeals the district court’s denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. We review the denial of a petition for a writ of habeas corpus de novo. Wade v. Terhune, 202 F.3d 1190, 1194 (9th Cir.2000). Valencia argues that the California Court of Appeal incorrectly reject... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217924/ | MEMORANDUM**
Petitioner Diaz-Sosa, a native and citizen of Mexico, was ordered removed after being convicted of an aggravated felony under 21 U.S.C. §§ 841(a), 952, and 960. The Bureau of Immigration Appeals denied his request for cancellation of removal. He appeals claiming that he is a citizen or national of the Unit... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217925/ | MEMORANDUM**
Darnell Bryant’s claims for nominal, compensatory, and punitive damages premised on deliberate indifference to his safety, and not on any alleged mental or emotional injuries, are not barred by 42 U.S.C. § 1997e(e). See Oliver v. Keller, 289 F.3d 623, 629-30 (9th Cir.2002). However, his claims for mental a... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217926/ | MEMORANDUM **
The district court dismissed Trustees’ claims against Richardson for two reasons: It doubted that pendent party jurisdiction was constitutional and, to the extent that it was constitutional, declined to exercise supplemental jurisdiction. We review de novo the issue whether the district court had suppleme... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217927/ | MEMORANDUM *
Appellant Leonard S. Brown (“Brown”) contends that State Farm Mutual Automobile Insurance Company and State Farm Insurance Company (collectively “State Farm”) breached both the insurance contract and the implied covenant of good faith and fair dealing by delaying the payment of underinsured motorist insura... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217928/ | MEMORANDUM *
Amy Fulkerson appeals the grant of summary judgment in favor of her former employer, AmeriTitle, Inc., on her employment-related claims and the denial of her motion to bifurcate. We review the grant of summary judgment de novo, Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002), and the trial court’s decis... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217929/ | MEMORANDUM **
California state prisoner Dennis N. Er-vine appeals pro se the district court’s judgment dismissing without prejudice his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. We have jurisdiction under 28 U.S.C. § 1291. We review the district court’s factual findings regarding exhaustio... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217930/ | MEMORANDUM *
Jason Avalon Hemmings appeals a final judgment of conviction following his conditional guilty plea to armed bank robbery and brandishing a gun during a crime of violence in violation of 18 U.S.C. § 2113(a)(d) and 18 U.S.C. § 924(c). Specifically, Hemmings challenges the district court’s denial of his motio... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217931/ | *72MEMORANDUM *
Pyramid Travel, Inc. (“Pyramid”) argues that the district court erred by reading the arbitration clause in the parties’ agreement expansively, resulting in a determination that the libel claims be arbitrated. The clause at issue is at least as expansive as phrases such as “arising out of or relating to”... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217932/ | MEMORANDUM**
Plaintiff-Appellant David C. Pesnell (“Pesnell”) brought claims against the government under the Federal Tort Claims Act (“FTCA”) for misrepresentation, unjust enrichment, constructive trust, conversion, and negligence. Pesnell also brought claims for wrongful search and seizure and violation of due proces... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217933/ | MEMORANDUM *
This is a petition for review of a BIA decision upholding the Immigration Judge’s denial of a motion to reopen removal proceedings. The removal order was issued in absentia. Petitioner, Olga Salazar-Martinez does not dispute that she received adequate notice and was not in *76government custody. She was th... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217935/ | MEMORANDUM**
Fausto Louis Muncal-Clemente (“Mun-cal”) applied unsuccessfully for a waiver of deportability and for suspension of deportation. He timely petitioned for review of those decisions. We deny the petition.
*81We review for abuse of discretion the BIA’s denial of a waiver of deportability. Hernandez-Robledo v.... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217960/ | ORDER
Universal Surveillance Systems, Inc. moves without opposition to voluntarily dismiss 03-1231.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The unopposed motion to dismiss is granted.
(2) Each side shall bear its own costs. | 01-04-2023 | 07-25-2022 |
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