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https://www.courtlistener.com/api/rest/v3/opinions/7218082/ | ORDER
This successive appeal arises from a summary judgment in favor of Re/Max North Central, Inc. (“Re/Max”). When this case was last before this Court, we reviewed the district court’s decision to grant Re/Max a preliminary injunction against Patricia Cook’s continued use of Re/Max’s marks and logos. In affirming the... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218083/ | ORDER
Iva Hubbell, widow of deceased coal miner Ray Hubbell, filed a petition seeking federal black lung survivor’s benefits pursuant to the Black Lung Benefits Act, *56730U.S.C. § 901 et seq. An administrative law judge granted Ms. Hubbell’s claim and awarded her benefits, concluding that Mr. Hubbell’s death was cause... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218084/ | ORDER
Bettie J. Peppers, an employee of the United States Department of the Army, sued the Department and its secretary, Thomas E. White, Jr., alleging that she had been discriminated against on the basis of her sex and race in violation of Title VII of the Civil Rights Act of 1964. The matter was referred to a magistr... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218085/ | ORDER
Joseph Atchison pleaded guilty to possession with intent to distribute 5 or more grams of methamphetamine, 21 U.S.C. § 841(a)(1), carrying a firearm during and in relation to a drug-trafficking crime, 18 U.S.C. § 924(c), and possessing a handgun as a user of unlawful controlled substances, id. § 922(g)(3). In his... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218087/ | ORDER
After a jury trial Sandra Wright was convicted of bank fraud, 18 U.S.C. § 1344, in 1995. She served 51 months in federal prison, and then began a five-year term of supervised release. The conditions of her supervised release included a standard prohibition on committing any federal, state, or local crime as well ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218088/ | ORDER
On January 29, 2002, shortly after 5:45 p.m., Charlie Washington was working in his garage when he was robbed by three dark-hooded assailants. The men, each holding a gun, ordered Washington to the ground, where he was kicked, threatened, and relieved of $250 in cash. Washington later learned from an unidentified... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218090/ | ORDER
Robert Lee Stokes was convicted of conspiracy to possess with intent to distribute cocaine in violation of 18 U.S.C. § 841(a)(1) and 18 U.S.C. § 846. Mr. Stokes filed two motions for a new trial, based on alleged ineffective assistance of counsel at trial and on an alleged violation of Brady v. Maryland, 373 U.S.... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218091/ | *608MEMORANDUM **
Dennis Ray Wright appeals from the district court’s denial of his 28 U.S.C. § 2254 habeas petition challenging his conviction for armed robbery. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
I
Wright argues that his trial counsel provided ineffective assistance by not renewing his ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218092/ | MEMORANDUM **
Federal prisoner Rickey J. Maylender appeals pro se the district court’s partial dismissal and partial summary judgment in his 42 U.S.C. § 1983 action alleging various constitutional violations occurred while he was an inmate at Washington County Jail. We have jurisdiction under 28 U.S.C. § 1291. We revie... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218093/ | MEMORANDUM *
Cathy Walden (‘Walden”) appeals the district court’s grant of summary judgment in favor of the Town of Paradise, California (“Paradise”), and its Town Manager, Charles Rough (“Rough”), in Walden’s 42 U.S.C. § 1983 action.
We review a grant of summary judgment de novo. Oliver v. Keller, 289 F.3d 623, 626 (9... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218095/ | MEMORANDUM **
Troy K. Chapman pled guilty to one count of possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). He appeals the district court’s two-level increase in his offense level at sentencing for obstruction of justice and its finding that he had not accepted responsibility. We have jurisdi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218125/ | ORDER
The petitioner having failed to file the brief required by Federal Circuit Rule 31(a) within the time permitted by the rules, 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/7218096/ | MEMORANDUM *
Paris Taylor appeals the district court’s denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Taylor contends that the state court violated his right to due process when it denied his motion for a continuance of his trial.
On October 29, 1994, Taylor was incarcerated at t... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218097/ | MEMORANDUM **
Victoria Alonso-Rodriguez (“Alonso”) petitions for review of a final order of removal by the Board of Immigration Appeals issued on April 25, 2002. Alonso contends that she is eligible for cancellation of removal under 8 U.S.C. § 1229b(b)(l)(D) because her removal would cause “exceptional and extremely un... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218100/ | MEMORANDUM**
Betty Jean Rice (“Rice”) appeals from the district court’s dismissal of her malpractice suit against the defendant Richard V. Thomas, M.D. (“Thomas”) for lack of subject matter jurisdiction under 28 U.S.C. § 1332. The district court found that both Rice and Thomas were domiciled in Idaho, and, therefore, t... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218102/ | MEMORANDUM**
Plaintiff Checkout Holdings, LLC, sued Defendant Amplified Holdings, Inc., and several of its officers, following a transaction in which Defendant purchased some of Plaintiffs assets in exchange for stock in Defendant. Plaintiff appeals the district court’s grant of Defendant’s Federal Rule of Civil Proced... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218104/ | MEMORANDUM**
Ramon Mfredo Perez entered a conditional guilty plea to conspiracy to possess with intent to distribute, and possession with intent to distribute, more than 50 grams of crystal methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A), and 846. He appeals from the district court’s denial of his... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218126/ | ORDER
Upon consideration of Dwyn L. Dupree^ unopposed motion to dismiss 03-7086,
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 |
https://www.courtlistener.com/api/rest/v3/opinions/7218105/ | MEMORANDUM**
Espinoza-Cortez appeals from his judgment of conviction for conspiracy to distribute cocaine, heroin and methamphetamine in violation of 18 U.S.C. §§ 841(a) and 846, and from his sentence after a plea of guilty to illegal re-entry into the United States in violation of 8 U.S.C. § 1326. The district court h... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218106/ | MEMORANDUM***
Petitioner Kamaljit Singh Khera was ordered excluded by the Immigration Judge (IJ). The BIA affirmed the decision of the IJ. This petition for review follows. Khera makes two arguments in support of the petition for review: (1) that the IJ lacked jurisdiction to continue with exclusion proceedings under M... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218107/ | MEMORANDUM *
Steven Bernard Brooks (Brooks) appeals from his convictions and sentence for distributing crystal methamphetamine and conspiring to distribute cocaine and methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846. We have jurisdic*643tion pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), and we af... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218108/ | MEMORANDUM *
Scott Augafa appeals the district court’s denial of his 28 U.S.C. § 2255 motion on the ground that his Fifth and Sixth Amendment rights to counsel and due process were violated by the magistrate judge’s failure to appoint counsel for part of a 28 U.S.C. § 2255 evidentiary hearing. The evidentiary hearing w... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218109/ | MEMORANDUM **
Fredrick D. Turner appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition. Turner challenges his California conviction and 27-years-to-life sentence for receipt of stolen property. We have jurisdiction pursuant to 28 U.S.C. § 2253. Reviewing the district court’s decision de novo, Alva... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218110/ | REINHARDT, Circuit Judge,
specially concurring.
I concur only under compulsion of the Supreme Court’s decision in Andrade. I believe the sentence is both unconscionable and unconstitutional. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218111/ | PREGERSON, Circuit Judge, writing separately,
dissenting in part.
In good conscience, I cannot vote to go along with the sentence imposed in this case. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218112/ | MEMORANDUM *
The Department of Environmental Quality for the State of Oregon (“DEQ”) appeals from the district court’s grant of summary judgment to various owners and operators of a dry cleaning business located in MilwauMe, Oregon. Because the relevant facts are known to the parties they are not repeated here.1
Depart... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218113/ | MEMORANDUM ***
American Financial, Inc. f/k/a First National Insurance, Inc. (“FNI”) appeals from the district court’s grant of summary judgment to American States Insurance Company (“ASI”). Because the relevant facts are known to the parties they are not repeated here.
FNI first argues that the district court erred in... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218127/ | MICHEL, Circuit Judge.
Defendant Apotex, Inc. appeals the June 10, 2002, order of the United States District Court for the Northern District of Illinois, Glaxo Group Ltd. v. Apotex, Inc., No. 00-CV-5791 (N.D. Ill. June 10, 2002), preliminarily enjoining Apotex from marketing a generic antibiotic drug, cefuroxime axetil... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218128/ | MICHEL, Circuit Judge.
Dandy Products, Inc. (“Dandy”) appeals the rulings of the United States District Court for the Eastern District of Virginia amending its judgment entered upon Atlantic Construction Fabric, Inc.’s (“ACF”) Rule 68 offer of judgment, granting partial summary judgment of invalidity of claims 1 and 5 ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218129/ | PER CURIAM.
Bradley E. Farris seeks review of the final decision by the Merit Systems Protection Board (“Board”) in 2002 dismissing his 1996 appeal of his separation from his position as a mail handler. Farris v. U.S. Postal Serv., No. AT0752000293-M-1 (Oct. 29, 2002). The Board ruled that he submitted his resignation ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218130/ | DECISION
PER CURIAM.
Thomas B. Jackson (“Jackson”) petitions for review of the decision of the Merit Systems Protection Board (“Board”), which dismissed his petition after Jackson, through his attorney, withdrew his appeal. Jackson v. Dept. of Veterans Affairs, MSPB Docket No. CH-0432-02-0236-I-1, 93 M.S.P.R. 303 (May ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218131/ | RADER, Circuit Judge.
Petitioner James Martin appeals the October 21, 2001 initial decision of the administrative judge, made final by the January 10, 2002 decision of the Merit Systems Protection Board (Board), which dismissed Mr. Martin’s appeal as untimely. Because Mr. Martin filed this appeal over eight years late ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218132/ | PER CURIAM.
Deirdre La Cour petitions for review of the decision of the Merit Systems Protection Board (“Board”) effective March 6, 2002, Docket Nos. DA-0752-01-0694-1-1 and DA-0752-02-0122-1-1, dismissing, without prejudice, her appeals filed on September 11, 2001 and November 21, 2001 contingent on their being refile... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218133/ | PER CURIAM.
The decision of the Merit Systems Protection Board (“Board”), affirming the reconsideration decision of the Office of Personnel Management (“OPM”) that denied the petitioner Klenn S. Grant federal disability retirement benefits because his application was untimely filed, is affirmed.
I
The facts are undispu... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224428/ | FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER,
Wiley Y. Daniel, Senior United States District Judge
This case, arising under the Federal Tort Claims Act (“FTCA”), involves a premises liability claim under the Colorado Premises Liability Act (“CPLA”) against the United States. It arises from a bicycle accident of Plain... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224429/ | ORDER ON SUMMARY JUDGMENT
Wiley Y. Daniel, Senior United States District Judge
I. INTRODUCTION
THIS MATTER is before the Court on Defendants’ Motion for Summary Judgment filed on March 26, 2013. The individual Defendants assert that they are entitled to qualified immunity on Christian Aubin Robinson’s [“Robinson”] clai... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224430/ | ORDER GRANTING CLAIMANT’S MOTION FOR SUMMARY JUDGMENT
Blackburn, United States District Judge
The matter before is the Claimant’s Motion for Summary Judgment or in the Alternative Motion To Dissolve Injunction [# 19],1 filed January 10, 2014. I grant the motion for summary judgment and dismiss this case.
I. JURISDICTIO... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224431/ | ORDER CONCERNING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Blackburn, United States District Judge
This matter is before me on the following: (1) the Recommendation of United *1173States Magistrate Judge [# 39]1 filed April 25, 2013; (2) the Defendants’ Motion To Dismiss [# 42] filed May 10, 2013; and (3) the Re... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224432/ | MEMORANDUM OPINION AND ORDER
JAMES O. BROWNING, District Judge.
THIS MATTER comes before the Court on Defendant the Board of County Commissioners of the County of Bernalillo’s Motion to Dismiss Plaintiffs’ Claims Against Bernalillo County Metropolitan Detention Center, filed January 3, 2014 (Doc. 48)(“MTD”). The Court... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218115/ | ORDER
Plaintiff-Appellant’s Petition for Rehearing is GRANTED. The memorandum filed October 16, 2002 is withdrawn. A new memorandum is filed concurrently with this order.
MEMORANDUM *
The district court erred in construing Shortt’s Rule 60(b) motion as a successive habeas petition under 28 U.S.C. § 2254 because Shortt’... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218116/ | RYMER, J.,
dissenting.
I dissent because, regardless of whether Shortt’s motion is construed as a successive habeas petition, he failed to demonstrate “extraordinary circumstances” that warrant Rule 60(b) relief. See Tomlin v. McDaniel, 865 F.2d 209, 210-11 (9th Cir.1989). | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218118/ | MEMORANDUM**
The district court did not abuse its discretion when it denied Stella Onuaguluchi’s motion for an extension of time to file a notice of appeal. Onuaguluchi failed to demonstrate “excusable neglect” through the existence of extraordinary circumstances and likelihood of an unjust result. See Marx v. Loral Cr... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218119/ | MEMORANDUM **
Plaintiff David Q. Webb obtained an $80,000 jury verdict in this civil rights action against Carson City, Nevada, after he was prosecuted without probable cause for obstruction of justice. Defendant Carson City appealed in case No. 01-16855; Plaintiff cross-appealed, filing a pro se brief that alleges 12 ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218120/ | DECISION
PER CURIAM.
Jose F.S. Simoy appeals from the decision of the United States Court of Federal Claims granting the United States’ motion to dismiss. Simoy v. United States, No. 01-489C, slip op. at 3 (Fed.Cl. Sept. 11, 2002). Because the court’s decision is not in error, we affirm.
DISCUSSION
Mr. Simoy is a milit... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218121/ | 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/7218122/ | ORDER
Upon consideration of the United States’ unopposed motion to dismiss Board Machine, Inc. et al.’s appeal,
IT IS ORDERED THAT:
(1) The motion is granted.
(2) Each side shall bear its own costs. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218123/ | ORDER
Upon consideration of Randolph J. Noelle’s unopposed motion to voluntarily dismiss his appeal,
IT IS ORDERED THAT:
(1) The motion is granted.*
(2) Each side shall bear its own costs.
We note that Noelle requests that this dismissal be without prejudice, however, it is not the practice of this court to dismiss ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218152/ | *821SUMMARY 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 EST... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218136/ | DECISION
SCHALL, Circuit Judge.
Frances T. Woods petitions for review of the final decision of the Merit Systems Protection Board (“Board”) that sustained the action of the Department of the Air Force (“agency”) removing her from her position as a GS-5 Supervisory Education *778Technician with the Child Development Cen... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218137/ | 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/7218138/ | JUDGMENT
PER CURIAM.
This appeal was considered on the record from the United States District Court for the District of Columbia and the briefs filed by the parties, and was argued by counsel. For the reasons set forth in the attached memorandum, it is
ORDERED and ADJUDGED that the judgment of the district court be af... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218139/ | JUDGMENT
PER CURIAM.
Consolidated with Case No. 02-7090
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 judgment of the District Court be affirmed.
Appellants ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218140/ | JUDGMENT
PER CURIAM.
This cause was considered on the record from the Federal Communications Commission and the briefs and oral arguments of counsel. It is
Ordered and Adjudged that the order of the Commission reinstating the application of Abundant Life, Inc., for a construction permit for a new FM station be affirme... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218141/ | JUDGMENT
PER CURIAM.
This cause was considered on the record from Federal Energy Regulatory Commission and on the briefs filed by the parties and oral arguments of counsel. It is
Ordered and Adjudged that the petition for review is granted, the Commission’s orders are vacated, and the case is remanded to the Commissio... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218143/ | JUDGMENT
PER CURIAM.
This cause was considered upon the record from the Federal Communications Commission and on the briefs and arguments of parties. It is
ORDERED AND ADJUDGED that the Commission’s order be affirmed. Although the Commission’s order could have been more clear, its conclusion that when a license expire... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218144/ | SUMMARY ORDER
ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and it hereby is AFFIRMED.
Plaintiff-appellant Mill-Bern Associates, Inc. appeals from a November 6, 2001 judgment of the United States District Court for the Southern District of New York (Ric... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218145/ | 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/7218146/ | 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/7218148/ | 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/7218150/ | 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/7218151/ | 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/7218158/ | 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/7218160/ | OPINION OF THE COURT
McKEE, Circuit Judge.
Bryant Sheard appeals from the judgment of sentence that was entered following the district court’s acceptance of Sheard’s guilty plea pursuant to a written plea agreement. Defense counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218161/ | PER CURIAM.
Coy Hazel Howe seeks to appeal the district court’s order denying relief on his motion filed under 28 U.S.C. § 2255 (2000). An appeal may not be taken from the final order denying a motion under § 2255 unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218162/ | ORDER
Ken Mitán appeals from an order of the district court sitting as an appellate court in bankruptcy. The parties have waived oral argument, and this panel unanimously agrees that oral argument is not needed. Fed. RApp. P. 34(a).
On January 20,1999, a Chapter 11 involuntary bankruptcy petition was filed against Bus... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218163/ | ORDER
Virginia Brown Prather appeals pro se a district court judgment dismissing her miscellaneous action claiming $26,000 in United States currency construed as being 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 e... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218164/ | COHN, District Judge.
This is a criminal case. Defendant-Appellant Steven Benton (Benton) appeals from his conviction under 21 U.S.C. § 841(a)(1), possession with intent to distribute a schedule II controlled substance (cocaine base more than 5 grams). Benton argues that there was insufficient evidence to sustain the c... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218165/ | ORDER
W. Dale Grooms, and Rosa B. Grooms (the “debtors”), appeal an order of the Bankruptcy Appellate Panel (“BAP”) which affirmed a bankruptcy court order dismissing their Chapter 12 case for having defaulted under their confirmed plan and because more than five years elapsed since confirmation. The debtors have filed... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218166/ | ORDER
This pro se Michigan prisoner appeals a district court judgment denying 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 oral argument is not ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218167/ | ORDER
Dorothy Mitchell, a Tennessee resident, appeals a district court judgment dismissing her employment discrimination action filed pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a) and 2000e-3(a). This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218168/ | OPINION
GIBBONS, Circuit Judge.
A jury convicted defendant-appellant D’Shawn Dwayne Shinholster of armed bank robbery in violation of 18 U.S.C. §§ 2113(a), (d). The district court sentenced him to eighty months incarceration. Shinholster appeals his conviction and sentence. For the following reasons, we affirm.
I.
On F... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218169/ | ORDER
This is a direct appeal from a district court judgment denying a petition for a writ of habeas corpus filed on the authority of 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 Circuit. Upon examination, this panel unanimously agrees that oral ar... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218170/ | ORDER
This is an appeal from a district court order denying a motion to withdraw from an agreement to settle a civil action. 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 not needed. Fed. ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218171/ | ORDER
Miomirka Deljevic and Anton Deljevic, natives of the former Yugoslavia, petition through counsel for review of an order of the Board of Immigration Appeals dismissing their appeal from a decision of an Immigration Judge denying their motion to reopen exclusion proceedings. The parties have not requested oral arg... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218172/ | OPINION
COLE, Circuit Judge.
Petitioner Derwood Stewart petitions this Court for review of a decision of the Secretary of the United States Department of Agriculture (“USDA”) finding that he violated the Horse Protection Act (“HPA”), 15 U.S.C. §§ 1821-31, when he entered his horse in a horse show while “sore.”
For the ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218175/ | *960I.
PER CURIAM.
This is a criminal appeal from a consolidated jury trial.1 Douglas Liddell, Ruby Liddell (a.k.a. Rudy Liddell). Clarence Thompson, and Eddie Isom (collectively the “Defendants”) were indicted on one count of conspiracy to distribute controlled substances and several other drug and gun violations. All... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218176/ | FORESTER, District Judge.
The Defendant, Melvin L. Franklin, Jr., stands convicted of possessing marijuana with the intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(D) and possessing a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1)(A)(i). He now appeals, a... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218177/ | OPINION
GILMAN, Circuit Judge.
Ruth Ann Wuerth Trimbur was arrested for cashing two lottery tickets that had been reported as stolen by the Rite-Aid store where she had purchased them two months earlier. Three weeks after Trim-bur’s arrest, all criminal charges against her were dropped. Trimbur stipulated that probable... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218178/ | OPINION
COLE, Circuit Judge.
The United States appeals the district court’s award to defendant Donald G. Ford of interest accrued on $926,202.53 in funds seized by the government and held pending Ford’s criminal trial, but later found by the jury not to have been directly traceable to illegal activity. Specifically, th... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218187/ | JOHN R. GIBSON, Circuit Judge.
Warden Leonard appeals from the district court’s orders granting Lyndon Miller relief on one of his claims for habeas relief pursuant to 28 U.S.C. § 2254 (2000). The district court concluded that Miller had received ineffective assistance of counsel based on his lawyer’s acquiescence to a... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218188/ | ORDER
Winfred White, a pro se Michigan resident, appeals a district court judgment dismissing his civil rights complaint 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/7218189/ | PER CURIAM.
This case arose from a contract dispute between defendant-appellant ePlus Group, Inc. (ePlus) and plaintiff-appellee Digital Storage, Inc. (Digital). The facts are undisputed. Defendant ePlus leased computer equipment to Digital for a term of three *38years ending on November 80, 2000. The lease would renew... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218191/ | PER CURIAM.
The defendant, Anthony Foster, pleaded guilty to one count of possession with intent to distribute cocaine base in exchange for an agreement by the government not to prosecute him on a similar count of possession with intent to distribute cocaine powder. The district judge sentenced Foster to 120 months in ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218193/ | ORDER
Nazmi Potka, a native of Albania, petitions for review of a Board of Immigration Appeals order that affirmed without opinion a decision of the immigration judge that denied Potka’s application for asylum. The parties have waived oral argument in this case. Upon examination, this panel unanimously agrees that ora... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218194/ | ORDER
John C. Collie appeals his judgment of conviction and sentence. The case has been referred to this panel pursuant to Rule 34(j)(l). Rules of the Sixth Circuit. We unanimously agree that oral argument is not needed. Fed. R.App. P. 34(a).
Collie pleaded guilty to charges that he bribed a public official and commit... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218196/ | ORDER
In March 1997 federal inmate Jerome Jerricks, then incarcerated at Pontiac Correctional Center in Illinois, suffered a stroke that left him partially paralyzed on his right side. In July 1999 Jerricks was found guilty of violating prison rules; as a result, the prison rescinded his access to yard recreation for 3... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218198/ | ORDER
Luther Woods, an African-American, was terminated from his position as a dep*66uty sheriff of Perry County, Illinois, after Sheriff Keith Kellerman concluded that Woods had violated several departmental rules. Believing that the real reason for the Sheriff’s action was race discrimination, Woods decided to challe... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218199/ | ORDER
We first met Ricky Swift and Joseph Taylor when the government appealed an order of the district court suppressing evidence which revealed that they robbed a bank in Osceola, Indiana. We reversed that decision. United States v. Swift, 220 F.3d 502 (2000). During their subsequent trial, Swift and Taylor contended ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218200/ | ORDER
Indiana prisoner Rosalio Hernandez brought this action under 42 U.S.C. § 1983 alleging that Warden Craig Hanks and Casework Manager Diane Daugherty are violating his Eighth and Fourteenth Amendments rights by holding him in disciplinary segregation. The district court screened the complaint under 28 U.S.C. § 1915... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218202/ | ORDER
Gail Terrell, an African-American woman over the age of forty, sued Oseo Drug, claiming that Oseo discriminated against her because of her color, race, religion, and sex in violation of Title VII, 42 U.S.C. § 2000e, et seq., and her age in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 626, et... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218203/ | ORDER
A Conduct Adjustment Board (CAB) found Indiana inmate Stephan Clippinger guilty of possessing escape paraphernalia and sanctioned him with the loss of 180 days’ good-time credit and demotion from *79Credit Class I to Credit Class II. Clipping-er petitioned for a writ of habeas corpus, which the district court den... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218205/ | ORDER
Wis-Pak, Inc. operates bottling plants in several locations. It opened a new plant in Quincy, Illinois, but later discovered that the city was substantially overcharging for its water and sewer service to the plant. Wis-Pak settled the discrepancy with the city, but at the time Wis-Pak had a contract with Nationa... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218206/ | ORDER
Tony Driver pleaded guilty to armed bank robbery, 18 U.S.C. § 2113(a), (d), and brandishing a firearm during a crime of violence, id. § 924(c)(l)(A)(ii). The district court sentenced him to consecutive terms of 57 and 84 months’ imprisonment and concurrent terms of five years’ and three years’ supervised release.... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218208/ | ORDER
Indiana inmate Eddie Townsend filed this suit under 42 U.S.C. § 1988, alleging that three courtroom security officers used excessive force while transporting him to his cell after his sentencing hearing. A jury found in favor of the officers, and Townsend appeals. We affirm.
Following his trial on charges of batt... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218210/ | MEMORANDUM **
Michael Blackhurst, a state prisoner, appeals the district court’s denial as time-barred of his petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm.1
Blackhurst is not entitled to equitable tolling of the statut... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218211/ | WALLACE, Senior Circuit Judge,
concurring.
I concur in the result of the majority disposition. I part from the majority because it holds that Blackhurst has failed to demonstrate that he was mentally ill during the relevant time period. To the contrary, the district court held, “The court does not doubt that petitioner... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218212/ | MEMORANDUM *
Appellant Cook argues that his indeterminate life sentence with a mandatory minimum of 25 years, imposed under California’s Three Strikes Law after Cook was convicted of possessing .16 grams of methamphetamine, is grossly disproportionate to his crime in violation of the Eighth Amendment.1 In light of the ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218216/ | MEMORANDUM **
Diana Beard-Williams appeals pro se the district court’s Rule 41(b) dismissal of her employment discrimination action for failure to prosecute. The Palmdale School District (“the District”) appeals the district court’s denial of attorney’s fees under 42 U.S.C. § 2000e-5(k). We have jurisdiction under 28 U... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218217/ | MEMORANDUM *
Appellant Carlos Rabago-Hemandez appeals Ms 12-month sentence for violation of supervised release to be served consecutively to a 21-month sentence for Ms illegal reentry conviction. Rabago argues that the government breached the plea agreement, and that the district court erred by not referring to the tra... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218220/ | MEMORANDUM *
Plaintiff-Appellant Barry J. Sussman, M.D., brought this diversity action against Defendant-Appellee Provident Life and Accident Insurance Co. for failure to pay benefits under his disability insurance policy. On appeal, he challenges the “total disability” jury instruction, two evidentiary rulings, and th... | 01-04-2023 | 07-25-2022 |
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