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https://www.courtlistener.com/api/rest/v3/opinions/7217936/ | PREGERSON, Circuit Judge,
dissenting in part.
I respectfully dissent in so far as the panel denies Mr. Muncal-Clemente’s petition for review of the BIA’s denial of his application for a waiver of deportability. I believe the BIA abused its discretion by failing to consider a plainly relevant positive factor—hardship to... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217937/ | MEMORANDUM*
1. John Wesley Jingles (“Jingles”) contends that the evidence at trial varied from the conduct charged in the indictment since the government proved several multiple conspiracies, but not the overall, single conspiracy alleged. “The issue of whether a single conspiracy has been proved is a question of the s... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217939/ | PAEZ, Circuit Judge,
dissenting.
The majority concludes that Kaptsov is ineligible for asylum and withholding of deportation because “the record lacks evi*87dence that persecution on account of political opinion, or imputed political opinion, is a reasonable possibility.” I cannot agree with this characterization of th... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217940/ | MEMORANDUM **
Robert Nigos appeals his conviction and sentence following a guilty plea to conspiracy to import methamphetamine in violation of 21 U.S.C. §§ 952(a), 960 and 963. The government concedes plain error on account of the district court’s failure to advise Nigos that he could not withdraw from his plea even if... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217941/ | ORDER *
This appeal is dismissed as moot. Appellant did not seek a stay of the underlying adversary proceedings in which appellant sought to intervene. The parties have settled the adversary proceedings and the case has been dismissed.
DISMISSED.
This disposition is not appropriate for publication and may not be cite... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217942/ | MEMORANDUM ***
Defendant-Appellant Eliezer OsegueraMedina appeals his sentence, imposed following his guilty plea for illegal reentry after deportation in violation of 8 U.S.C. § 1326(a). He argues that the prosecutor’s refusal to offer him a “fast-track” plea agreement similar to that offered to defendants prosecuted ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217943/ | MEMORANDUM *
Derek Kaleolani AM appeals his conviction and sentence following a conditional guilty plea. We affirm.
AM was arrested when the Honolulu police, while responding to a 911 call, saw what appeared to be controlled substances, in plain view, through the open passenger door of a car that AM left running on the... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224413/ | ORDER
JAMES E. GRITZNER, Chief Judge.
This matter comes before the Court on motions to dismiss by Defendants Steven H. Davis (Davis), Stephen DiCarmine (Di-Carmine), and Joel Sanders (Sanders).1 Plaintiffs Aviva Life and Annuity Company and Aviva Life and Annuity Company of New York (collectively, Aviva) resist. A hear... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224414/ | ORDER
DAVID S. DOTY, District Judge.
This matter is before the court upon the motion to transfer venue by defendant National Outdoor Leadership School (NOLS). Based on a review of the file, record and proceedings herein, and for the following reasons, the court grants the motion to transfer to the District of Wyoming.
... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217945/ | MEMORANDUM**
Willette D. Jacobs appeals pro se orders of the district court vacating the clerk’s entry of default and dismissing the complaint. Although the district court did not enter final judgment, we have jurisdiction pursuant to 28 U.S.C. § 1291 because the district court made clear its intent to terminate the ac... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217946/ | GRABER, Circuit Judge,
concurring in part and dissenting in part.
I dissent from the majority’s decision to take judicial notice of the evidence that Jacobs submitted concerning the date on which her complaint was received by the district court. First, this evidence was submitted only with the reply brief and *101was n... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217947/ | MEMORANDUM **
Wallace Roberson appeals the 51-month sentence imposed after a jury convicted *102him of conspiracy and false claims against the government in violation of 18 U.S.C. §§ 2 and 286-287. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s interpretation of the sentencing guide... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217949/ | MEMORANDUM*
GES’s claims (and would-be claims) are barred by res judicata. The entire point of the prior action was to determine fault for Corbitt’s injury. The jury specifically allocated blame based on its determination (a factual matter) of fault. Therefore, the issue was identical to the issue here; the *105ruling ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217962/ | ORDER
The court received the appellant’s initial partial payment of the docketing fee on March 25, 2003. Upon consideration thereof,
IT IS ORDERED THAT:
The appeal having been dismissed in error on April 14, 2003, for failure to make an initial partial payment, the mandate is hereby RECALLED and the appeal is REINSTAT... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217963/ | 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, and to file the brief required by Federal Circuit Rule 31(a) within the time permitted, it is
ORDERED that the petition for review be, and the same hereby ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224415/ | MEMORANDUM AND ORDER
JOHN M. GERRARD, District Judge.
This matter is before the Court on the parties’ objections (filings 74 and 76) to the Magistrate Judge’s Findings and Recommendation (filing 70), recommending that the Court grant in- part and deny in part the defendants’ motion to dismiss (filing 26), and recommend... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224416/ | ORDER
NEIL V. WAKE, District Judge.
Plaintiffs Arizona Green Party and Claudia Ellquist filed a complaint against Arizona Secretary of State Ken Bennett challenging the constitutionality of an Arizona election statute (Doc. 1). The parties filed cross-motions for summary judgment (Docs. 15 and 17) and orally argued the... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217950/ | MEMORANDUM **
Raymond Eugene Cotharn appeals the 216-month sentence imposed following his guilty plea conviction for one count of distribution of cocaine base in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court’s determination that a defendant i... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217952/ | MEMORANDUM **
Ronald Kenly Lacy appeals the 24-month sentence imposed upon revocation of his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review dé novo the district court’s application of the Sentencing Guidelines and review for an abuse of discretion its consideration of the non-binding p... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217953/ | MEMORANDUM **
Paula Yvette Arocha appeals the 30-month sentence imposed following her guilty plea conviction for assault with a dangerous weapon in violation of 18 U.S.C. § 113(a)(3). We dismiss.
We lack jurisdiction to review the district court’s decision not to grant a downward departure for mitigating circumstances ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217954/ | DECISION
PER CURIAM.
Laura V. King petitions for review of the final decision of the Merit Systems Protection Board (“Board”) that ordered the Department of the Navy (“agency”) to give her priority consideration (beginning on June 7, 2000) for the position she had left, or an equivalent position, retroactive to the dat... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217955/ | PER CURIAM.
Harry T. Mosier petitions this court to review the dismissal of his appeal by the Merit Systems Protection Board (Board). Because the Board properly determined it lacked jurisdiction to hear Mr. Mosier’s appeal, this court affirms.
I.
Mr. Mosier was a Postmaster with the United States Postal Service (USPS) ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217957/ | ORDER
The order of dismissal and the mandate dated March 28, 2003 having been issued in error, the same hereby are, VACATED and RECALLED, and the notice of appeal is REINSTATED.
Petitioner’s brief is due within 21 days from the date of this order. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224417/ | ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT’S MOTION TO DISMISS
RICHARD SEEBORG, UNITED STATES DISTRICT JUDGE
I. INTRODUCTION
This matter arises from the decision by defendant Apple, Inc. (“Apple”) to fire plaintiff Joshua Banko (“Banko”). The complaint asserts five claims for relief. Defendant Apple moves to ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217983/ | ORDER
Linear Technology Corporation and Unitrode Corporation jointly move to dismiss their appeal and cross appeal with respect to each other, 02-1570 and 02-1599. Maxim Integrated Products, Inc. provides a notice of supplemental authority pursuant to Fed. R. App P. 28(j).
Linear states that it will respond to Maxim’s... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217985/ | ORDER
Appellant having failed to respond to the show cause order of March 6, 2003, this appeal is hereby dismissed. Each party shall bear its own costs. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217986/ | ORDER
The appellant having failed to file the brief required by Federal Circuit Rule *22931(a) within the time permitted by the rules, it is
ORDERED that the notice of appeal 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/7217988/ | ORDER
M. Louise Blount requests that the court accept her untimely petition for review.
On September 13, 2002, the Administrative Judge (AJ) issued an initial decision informing Blount that the AJ’s decision would become a final Merit Systems Protection Board decision on October 18, 2002. The AJ’s decision specified t... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217990/ | BRYSON, Circuit Judge.
ORDER
The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(f) and vacate the Court of Appeals for Veterans Claims September 13, 2002 order and remand this case to the Court of Appeals for Veterans Claims for further proceedings. John Mapu, Jr. opposes.
The Secret... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217991/ | BRYSON, Circuit Judge.
ORDER
Paul-Francesco: Villella moves for an injunction, pending.appeal, to cease a state court action and to enjoin various parties from trespassing. Mark Drew Biller et al. oppose. We consider whether this appeal should be transferred to the United States Court of Appeals for the Seventh Circu... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224419/ | OPINION AND ORDER
REDDEN, District Judge:
Plaintiff Heather Petty brings this action to obtain judicial review of a final decision of the Commissioner of the Social Security Administration (“Commissioner”) denying her claim for Supplemental Security Income (“SSI”). For the reasons set forth below, the decision of the C... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217993/ | ORDER
BRYSON, Circuit Judge.
Joseph A. Gentiluomo petitions for a writ of mandamus to direct the United States District Court for the Northern District of New York to, in essence, correct the errors that Gentiluomo alleges the district court previously made in his case, Gentiluomo v. Brunswick Bowling & Billiards Corp... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217994/ | 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/7217995/ | ORDER
The parties having so agreed, it is
ORDERED that the proceeding is DISMISSED under Fed. R.App. P. 42(b). | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217996/ | ORDER
Order Vacated, see 2003 WL 21377707.
The petitioner having failed to file the required Statement Concerning Discrimination, it is
*234ORDERED 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/7217997/ | DECISION
PER CURIAM.
Joseph P. Carson appeals from the final decision of the Merit Systems Protection Board denying his request for consequential damages resulting from his successful individual right of action (“IRA”) appeal. Carson v. Dep’t of Energy, 92 M.S.P.R. 440 (2002) (“Final Decision”). We affirm.
BACKGROUND
M... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217999/ | Judgment
PER CURIAM.
This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218000/ | JUDGMENT
PER CURIAM.
This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: AFFIRMED. See Fed. Cir. R. 36 | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218001/ | JUDGMENT
PER CURIAM.
This cause came to be heard on a petition for review of an order of the Federal Labor Relations Authority and was briefed and argued by counsel. It is
Ordered and Adjudged that the petition for review is hereby denied.
Petitioner National Treasury Employees Union, Chapter 161 (“Union” or “NTEU”) c... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218002/ | JUDGMENT
PER CURIAM.
This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs by the parties and oral arguments of counsel. It is
Ordered and Adjudged that the District Court’s dismissal of appellant’s complaint is hereby affirmed. Appellees have adm... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218003/ | JUDGMENT
PER CURIAM.
This appeal was considered on the record from the United States District Court *249for the District of Columbia and on the briefs and arguments by counsel. It is
ORDERED that the judgments from which this appeal has been taken be affirmed. The district court correctly held that the appellants fail... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218004/ | JUDGMENT
PER CURIAM.
This cause was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties and oral arguments of counsel. It is
Ordered and Adjudged that the judgments of the district court be affirmed. The Secret Service Operating Procedures ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218038/ | PER CURIAM:
Darryl Allmond appeals the district court’s order denying his motion for reconsideration in this 42 U.S.C. § 1983 (2000) action. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Allmond v. Alexandria Sheriff’s Dep’t, No. CA-02... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224420/ | *781TABLE OF CONTENTS
ORDER PAGE
Order on Pending Motions (1/16/04) 782
Order Denying Petition for Review (1/22/04) 783
Order Granting Suquamish Tribe’s Motion for a Preliminary Injunction (5/18/04) 784
Memorandum on Order Granting Suquamish Tribe’s Motion for a Preliminary Injunction (5/28/04) 784
Order on Motion for ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224421/ | TABLE OF CONTENTS
ORDER PAGE
Minute Order (1/3/07) 831
Order on Motions for Summary Judgment (1/3/07) 831
Order on Motion for Reconsideration (1/17/07) 841
Stipulation of Plaintiffs and State of Washington regarding Scope of Subproeeeding, and Order (1/29/07) 845
Joint Motion for Order and Consent Decree Approving Se... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218007/ | SUMMARY ORDER
THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPE... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218008/ | SUMMARY ORDER
THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPE... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218009/ | SUMMARY ORDER
THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPE... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218014/ | SUMMARY ORDER
ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED.
Donna Losurdo-Santiago appeals from a judgment, entered after a jury verdict, that dismissed her claims against L3 Satellite Networks (“L3”) for violation of the fed... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218015/ | SUMMARY ORDER
THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPE... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218016/ | *289SUMMARY ORDER
UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and it hereby is AFFIRMED as modified.
Plaintiff Steven J. Hoffenberg filed the instant action against his former criminal defense attorney, Daniel Meyers. In 1995, Hoffenberg pled guilty... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218017/ | SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED.
Defendant James Woodard (‘Woodard”) appeals from a final judgment, entered after a jury trial in the United States District Court for the Eastern District of New York (Block, J.), convi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218018/ | SUMMARY ORDER
THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPE... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218019/ | SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is hereby AFFIRMED.
Defendant-appellant Fousseyini Doumbia appeals from a judgment of conviction entered December 26, 2001 by the District Court after defendant pleaded guilty, sentencing him princi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218020/ | SUMMARY ORDER
THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, *302BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ES... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218022/ | SUMMARY ORDER
ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED.
Defendant Lama appeals from the judgment entered in the United States District Court for the Eastern District of New *309York (Raggi, J.) following his guilty plea. Defendant pled guilty to conspiracy to distribute and po... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218023/ | SUMMARY ORDER
THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPE... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218024/ | SUMMARY ORDER
THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPE... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218025/ | SUMMARY ORDER
UPON DUE CONSIDERATION of this appeal from a judgment of the United States District Court for the District of Vermont (William K. Sessions, Judge), it is hereby ORDERED, ADJUDGED AND DECREED that the judgment of the district court is AFFIRMED.
Defendan1>-Appe]lant Wesley Alexander appeals the decision of... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218026/ | SUMMARY ORDER
THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPP... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218027/ | SUMMARY ORDER
THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPE... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218028/ | SUMMARY ORDER
THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPE... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218029/ | SUMMARY ORDER
THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPE... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218030/ | SUMMARY ORDER
THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPE... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218033/ | OPINION OF THE COURT
PER CURIAM:
Ramsing Pratapsig Bihola, a citizen of India, entered the United States in New York on a non-immigrant visitor visa. He was authorized to remain in the United States on business until July 12, 1994. On May 24, 1994, Bihola filed an application with the Immigration and Naturalization Ser... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218034/ | OPINION OF THE COURT
SLOVITER, Circuit Judge.
I.
Appellant Keystone Outdoor Advertising Company, Inc. appeals to this court alleg*334ing that the District Court erred when it granted summary judgment to Appellees West Whiteland Township (“Township”) and Jerry Poletto, Diane Snyder, and George D’Ambrosio, Township supe... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218037/ | PER CURIAM:
Pedro Martinez-Patricio seeks to appeal the district court’s order adopting the magistrate judge’s report and recommendation and denying relief on his motion filed under 28 U.S.C. § 2255 (2000). We have independently reviewed the record and conclude that Martinez-Patricio has not made a substantial showing ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218069/ | OPINION
ALAN E. NORRIS, Circuit Judge.
Invacare Corporation appeals a jury verdict in favor of Isaiah Taylor for violations of the Family and Medical Leave Act of 1993 (“FMLA”), 29 U.S.C. § 2601 et seq. Taylor, an employee of Invacare, was dismissed after a number of absences from work. He alleged that some of the abse... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218070/ | KRUPANSKY, Circuit Judge.
The plaintiff-appellant Paul Borman (“Borman”) has contested the district court’s dismissal, without prejudice, of his federal judicial complaint anchored in the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001 et seq. (“ERISA”) against his employers, defendants-ap... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218071/ | ORDER
Darryl Little appeals a district court judgment that dismissed his petition for a writ of habeas corpus filed under 28 U.S.C. § 2241. 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 no... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224424/ | AMENDED * ORDER
RICHARD A. JONES, District Judge.
I. INTRODUCTION
This matter comes before the court on cross-motions for summary judgment filed by plaintiff Terhune Homes, Inc. (“Ter-hune” or “plaintiff’) and defendant Nationwide Mutual Insurance Company (“Nationwide” or “defendant”). Dkt. ## 15, 19. Terhune argues th... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224425/ | ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ RENEWED MOTION TO DISMISS
William J. Martinez United States District Judge
Plaintiff Delbert E. Maxfield (“Plaintiff’) has brought this civil action under 42 U.S.C. § 1983 against Defendants Dave Bressler and the Board of County Commissioners of Weld County, Colora... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218039/ | PER CURIAM:
George Henson, Jr., appeals the district court’s order accepting the recommendation of the magistrate judge affirming the Social Security Commissioner’s denial of disability benefits for a period from 1998 to 1998. We have reviewed the record and find no reversible error. Accordingly, we affirm on the reaso... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218040/ | PER CURIAM':
Elliott R. Brown appeals from the district court’s denial his motions to reconsider the district court’s December 13, 2001 order dismissing his state law claims for declaratory relief, accounting, and restitution. We affirmed the district court’s December 13, 2001 order on appeal. See Brown v. Circuit Cour... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218041/ | PER CURIAM:
Juventino Correa appeals the district court’s order granting summary judgment in favor of Roadway Express in Correa’s employment discrimination action. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Correa v. Roadway Express... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218042/ | PER CURIAM:
Richard Charles Norton appeals the district court’s order denying is motion for an evidentiary hearing and a subsequent order entering a stay of judgment pending appeal. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See United ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218043/ | ORDER
Flem Calhoun, II, a California litigant proceeding pro se, appeals a district court judgment dismissing his wrongful death action brought under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. § 51 et seq. Additionally, Calhoun has filed a motion for miscellaneous relief. This case has been referred to a... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218045/ | ORDER
Robert Louis Brown, a pro se Tennessee resident, appeals a district court order dismissing his 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 or... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218046/ | PER CURIAM.
In this case a general contractor, J.A. Jones Environmental Services, Co. (“Jones”), brought an action for breach of contract against its subcontractor, Horizontal Technologies, Inc. (“HTI”), and the latter’s bonding company, North American Specialty Insurance Company (“NAS”), which provided a payment and a... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218049/ | OPINION
COLE, Circuit Judge.
Plaintiff-Appellant Dr. Martin L. Trepel appeals the denial of his motion for attorneys’ fees and other taxable costs incurred during trial. Trepel argues that, due to the peculiar procedural history of this case, most of the issues involved in the present appeal, such as the award of attor... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218051/ | GIBBONS, Circuit Judge.
Petitioner Fred Harry Rogers Jr. was convicted of first degree murder in Michigan state court. Rogers filed this petition for federal habeas corpus relief pursuant to 28 U.S.C. § 2254. Rogers challenges his conviction on the following grounds: that he was denied his Sixth Amendment *452right to ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218052/ | OPINION
MCKEAGUE, District Judge.
Maurice Patterson and his mother, Beatrice Patterson, brought suit against Central Müls, Inc. (“Central Müls”), and Meijer, Inc. (“Meijer”), alleging they manufactured and sold a defective t-shirt that caused Maurice to sustain extensive burns. After an eight-day trial on plaintiffs’ b... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218055/ | ORDER
Joshua J. Roberts appeals the sentence imposed upon his convictions. The parties have expressly waived oral argument, and upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).
In the process of delivering Girl Scout cookies for his mentally-handicapped adult step... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218056/ | SARGUS, District Judge.
Petitioner—Appellant, Werthan Packaging, Inc. [“Appellant” or “Werthan”], seeks review of a decision of the Respondent— Appellee, National Labor Relations Board [“NLRB” or “the Board”] entered on May 17, 2001, certifying the Paperworkers, Allied-Industrial, Chemical and Energy Workers Internatio... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218057/ | KENNEDY, Circuit Judge,
dissenting.
I would reverse the hearing officer’s decision to set aside the second election. First, I disagree with the majority and would find that the hearing officer’s decision that the flyer distributed by Werthan was unlawful was not supported by substantial evidence. The flyer states, in i... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218058/ | ORDER
John W. Hauck, Jr., appeals a decision of the Tax Court in which it found that respondent may proceed with collection activities regarding assessments for the 1995 and 1996 tax years and imposed damages against Hauck pursuant to 26 U.S.C. § 6673 in the amount of $10,000. This case has been referred to a panel of... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218061/ | ORDER
Wampler Brothers Coal Co. (Wampler), a coal mine operator, petitions through counsel for review of an en banc order of the Benefits Review Board which affirmed an administrative law judge’s decision awarding benefits to a former employee of Wampler under the Black Lung Benefits Act, 30 U.S.C. §§ 901-45. The part... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218063/ | ORDER
Nick Starks appeals the sentence imposed upon his conviction for armed bank robbery, in violation of 18 U.S.C. §§ 2113(a), (d), and 2. The parties have expressly waived oral argument, and, upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).
On November 14, 2000... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218064/ | ORDER
George Johnson, proceeding pro se, appeals a district court judgment denying his motion to vacate his sentence filed under 28 U.S.C. § 2255. 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 argumen... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218066/ | *509
ORDER
This pro se federal prisoner appeals a district court judgment denying his motion filed under Fed.R.Civ.P. 59(e) to alter or amend a district court judgment. 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 ag... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218068/ | OPINION
MOORE, Circuit Judge.
The plaintiff, Rita Carlton, appeals the jury verdict against her in her suit against the defendant Postmaster General. After being accepted for a position with the defendant, Carlton was required to attend a physical screening demonstrating that she could adequately perform the job. After... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218072/ | ORDER
The state defendants appeal the October 29, 2002, Order and Injunction in this prisoner civil rights action involving the Michigan prisons. On April 2, 2003, the court denied the plaintiffs’ motion to vacate and remand and granted a stay of the October 29 Order and Injunction to the extent that, effective May 1,... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218073/ | BATCHELDER, Circuit Judge.
Marina Management Group, Inc. (“MMG”), plaintiff/appellee, appeals the district court’s order granting summary judgment to Basic Towing, Inc. and its President Daniel Kobasic (“Basic Tow*533ing”), defendants/appeUees, in this admiralty action for negligence brought by MMG. Because we conclude... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218074/ | ORDER
State Farm brought a declaratory judgment action against Joyce Henderson and the Estate of Alan Morgan, seeking a construction of the terms of a homeowner’s policy of insurance and a determination of its rights and liabilities under the policy. The district court granted State Farm’s motion for summary judgment, ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218075/ | ORDER
A federal bankruptcy court sanctioned Paula Johnson for violating an automatic bankruptcy stay, see 11 U.S.C. § 362, after she continued collection efforts in state court against debtors Vinton and Marretha Harris. The district court affirmed the bankruptcy court’s order. Johnson appeals, but we dismiss her appea... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218076/ | ORDER
Plaintiff-Appellant Deborah Radke (“Radke”) sued her former employer, Defendant-Appellee Taco Bell Corporation (“Taco Bell”), alleging that Taco Bell terminated her employment in retaliation for her filing a workers’ compensation claim. The district court disagreed, and granted Taco Bell’s motion for summary judg... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218078/ | ORDER
Inmate George Fiorentino sued various employees of the Federal Correctional Institution in Pekin, Illinois, pursuant to Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), alleging that his confinement in segregation based on a later-expunged disciplinary conviction vi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218079/ | ORDER
A disciplinary board found Indiana inmate Kenneth Morrow guilty of participating in a riot in his prison dormitory, and revoked 180 days of his good-time credits and reduced his credit-earning class. After his administrative appeals were unsuccessful, Morrow petitioned under 28 U.S.C. § 2254 to overturn the board... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218080/ | *557ORDER
In October 2000 a female prison guard filed a conduct report alleging that Indiana inmate James H. Higgason, Jr., while naked, had been jumping around his cell and making gestures and comments of a sexual nature to her. A prison disciplinary board thereafter found Mr. Higgason guilty of making sexual proposal... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218081/ | ORDER
A dispute over a missing book escalated into a bloody fight between two inmates at an Indiana prison. One of the inmates, Paul Eugene Miller, was injured during the fight and subsequently sued prison officials under 42 U.S.C. § 1983 for failing to protect him from other prisoners, particularly those in the notori... | 01-04-2023 | 07-25-2022 |
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