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https://www.courtlistener.com/api/rest/v3/opinions/8471544/ | MEMORANDUM **
Allen Wisdom appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action on Rooker-Feldman grounds, among others. He also appeals from an order denying his request to proceed in forma pauperis (IFP) pursuant to 28 U.S.C. § 1915. We have jurisdiction pursuant to 28 U.S.C. § 129... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471337/ | MEMORANDUM **
Shuhua Wang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 3... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471338/ | MEMORANDUM **
Jose Vasquez-Garcia appeals from his guilty-plea conviction and 63-month sen*428tence for illegal reentry after deportation, 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), Vasquez-Garcia’s counsel has filed a brief stating there are n... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471343/ | MEMORANDUM **
Javier Aramburo Osuna appeals from his guilty-plea conviction and 151-month sentence for possession with intent to distribute a controlled substance, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Osuna’s counsel has... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471347/ | MEMORANDUM **
Roberto Vargas appeals from his guilty-plea conviction and 87-month sentence for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Vargas’ counsel has filed a brief s... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471349/ | MEMORANDUM **
Martin Guzman-Guzman appeals from his conviction and sentence for being an alien found in the United States after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Guzman-Guzman contends that the district court erred by denying his motion to di... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471351/ | ORDER
A majority of the panel votes to grant, in part, the petition for rehearing. The memorandum disposition filed on March 19, 2009, 320 FedAppx. 503, is amended. An amended memorandum disposition will be filed concurrently with this order. A petition for rehearing directed toward the amended memorandum may be filed. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471541/ | FERNANDEZ, and FISHER, Circuit Judges. ■
MEMORANDUM **
Ron Troutman appeals the district court order affirming the bankruptcy court’s judgment in an adversary proceeding brought by the Official Committee of Unsecured Creditors of Troutman Investment Co. (“Committee”) in the Chapter 111 proceedings of Troutman Investmen... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471543/ | MEMORANDUM **
In these consolidated petitions for review, Irfan Pervai Bhatti, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection u... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471545/ | MEMORANDUM **
Allen Wisdom appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action on Rooker-Feldman grounds, among others. He also appeals from an order denying his request to proceed in forma pauperis (IFP) pursuant to 28 U.S.C. § 1915. We have jurisdiction pursuant to 28 U.S.C. § 129... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471549/ | MEMORANDUM **
Ronald Del Raine, a federal prisoner, appeals pro se from the district court’s judgment dismissing his action alleging that a number of officials in various federal prisons violated his civil rights and committed common-law torts. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo. Schwa... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471354/ | MEMORANDUM **
Larry Dominguez, a California state prisoner, appeals pro se from the district court’s judgment dismissing without prejudice his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies pursuant to the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. §... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471356/ | MEMORANDUM **
Baldev Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have j... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471548/ | MEMORANDUM **
Ronald Del Raine, a federal prisoner, appeals pro se from the district court’s judgment dismissing his action alleging that a number of officials in various federal prisons violated his civil rights and committed common-law torts. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo. Schwa... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471550/ | MEMORANDUM *
Ignacio Martinez-Quezada pleaded guilty to a violation of 8 U.S.C. § 1326 for reentry into the United States after a pri- or deportation. He appeals his sentence of forty months imprisonment and three years supervised release. This Court has jurisdiction under 28 U.S.C. § 1291. We affirm.
1. The district c... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471552/ | MEMORANDUM **
Arizona state prisoner Kristofer Seneca appeals pro se from the district court’s dismissal of his 42 U.S.C. § 1983 action alleging that the Arizona Department of Corrections (“ADOC”) violated his right to free exercise of religion under the First Amendment and the Religious Land Use and Institutionalized ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471554/ | *231MEMORANDUM *
Joselito Asican, a native and citizen of the Philippines and a lawful permanent resident, petitions for review of the BIA’s dismissal of his appeal of the Immigration Judge’s discretionary denial of cancellation of removal. We dismiss in part and deny in part the petition for review.
Asican argues in h... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8477803/ | *118ON MOTION
ORDER
Susan Thompson having failed to comply with the court’s July 17, 2009 order requiring that her brief be filed no later than August 7, 2009, and prohibiting further extensions of time,
IT IS ORDERED THAT:
(1) The petition for review is dismissed for failure to comply with the court’s order. Each si... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471551/ | MEMORANDUM *
Ignacio Martinez-Quezada pleaded guilty to a violation of 8 U.S.C. § 1326 for reentry into the United States after a pri- or deportation. He appeals his sentence of forty months imprisonment and three years supervised release. This Court has jurisdiction under 28 U.S.C. § 1291. We affirm.
1. The district c... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471553/ | MEMORANDUM **
Arizona state prisoner Kristofer Seneca appeals pro se from the district court’s dismissal of his 42 U.S.C. § 1983 action alleging that the Arizona Department of Corrections (“ADOC”) violated his right to free exercise of religion under the First Amendment and the Religious Land Use and Institutionalized ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471558/ | MEMORANDUM *
Delta Mechanical, Inc. (“Delta”) appeals the district court’s decision pursuant to Fed.R.Civ.P. 12(b)(6) that it is not a third-party beneficiary to a settlement agree*233ment and thus is not entitled to bring a lawsuit for alleged breach, etc., of that agreement by the settling defendants. Delta also appe... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8477202/ | ON MOTION
ORDER
Hardie’s Fruit & Vegetable Company-South, LP (“Hardies”) moves to dismiss this appeal for mootness and vacate the September 15, 2008 judgment of the Court of Federal Claims and the July 15, 2008, decision of the Small Business Administration’s Office of Hearings and Appeals (“SBA”). The United States ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471360/ | MEMORANDUM **
Defendant-Appellant Art Garcia appeals his convictions following a jury trial for the importation of cocaine and possession of cocaine with the intent to distribute, in violation of 21 U.S.C. §§ 841, 952, and 960. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.
Garcia first argues that the dist... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471364/ | MEMORANDUM *
Myron Motley appeals his convictions, following a conditional guilty plea, for possession with intent to distribute cocaine base and cocaine in violation of 21 U.S.C. § 841(a)(1), (b)(l)(A)(iii), and (b)(1)(C). Motley contends that the district court erred by denying his motion to suppress evidence seized ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471365/ | Chief Judge KOZINSKI,
dissenting:
The Supreme Court has described reasonable suspicion as “some minimal level of objective justification” that is “obviously less demanding” than probable cause. United States v. Sokolow, 490 U.S. 1, 7, 109 S.Ct. 1581, 104 L.Ed.2d 1 (1989) (quoting INS v. Delgado, 466 U.S. 210, 217, 104 ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471368/ | MEMORANDUM **
Guanzan Jin, a native and citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an immigration judge’s (“IJ”) order denying Jin’s application for asylum, withholding of removal, and protection under the Convention Against Torture. We hav... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471370/ | MEMORANDUM *
Petitioner Vouty Thol (“Thol”) appeals from the denial of his 28 U.S.C. § 2254 habeas petition, arguing that a jury instruction error had a substantial and injurious effect on the jury’s verdict in his case. We review the district court’s ruling de novo, Byrd v. Lewis, 566 F.3d 855, 859 (9th Cir.2009), and... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471372/ | MEMORANDUM ***
Lorena Landero-Guzman (“Landero”) petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of the Immigration Judge’s (“IJ”) pretermission of her application for cancellation of removal. The IJ and BIA found that solicitation of possession of narcotic drugs for sale, for which Landero... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471374/ | CERTIFICATION OF QUESTIONS OF STATE LAW
EBEL, Circuit Judge.
Pursuant to 10th Cir. R. 27.1 and Okla. Stat tit. 20, § 1602, the United States Court of Appeals for the Tenth Circuit requests that the Oklahoma Supreme Court exercise its discretion to consider several certified questions of Oklahoma law which “may be deter... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471377/ | Judgment
PER CURIAM.
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471557/ | IKUTA, J.,
concurring in part and dissenting in part:
Although I concur in Sections I and III, I disagree with the analysis in Section II. In considering a motion to dismiss under Rule 12(b)(6), we “begin by identifying pleadings that, because they are no more than conclusions, are not entitled to the assumption of tru... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471362/ | MEMORANDUM **
Robert and Sandra Montgomery appeal from the district court’s partial summary judgment for Kingman Airport Authority, et al. (Kingman). The district court had jurisdiction under 28 U.S.C. §§ 1331 and 1367. We have jurisdiction pursuant to 28 U.S.C. § 1291. We agree with the reasoning of the district judge... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471367/ | Chief Judge KOZINSKI,
dissenting:
The Supreme Court has described reasonable suspicion as “some minimal level of objective justification” that is “obviously less demanding” than probable cause. United States v. Sokolow, 490 U.S. 1, 7, 109 S.Ct. 1581, 104 L.Ed.2d 1 (1989) (quoting INS v. Delgado, 466 U.S. 210, 217, 104 ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471369/ | MEMORANDUM **
Guanzan Jin, a native and citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an immigration judge’s (“IJ”) order denying Jin’s application for asylum, withholding of removal, and protection under the Convention Against Torture. We hav... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471371/ | MEMORANDUM *
Petitioner Vouty Thol (“Thol”) appeals from the denial of his 28 U.S.C. § 2254 habeas petition, arguing that a jury instruction error had a substantial and injurious effect on the jury’s verdict in his case. We review the district court’s ruling de novo, Byrd v. Lewis, 566 F.3d 855, 859 (9th Cir.2009), and... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471373/ | MEMORANDUM ***
Lorena Landero-Guzman (“Landero”) petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of the Immigration Judge’s (“IJ”) pretermission of her application for cancellation of removal. The IJ and BIA found that solicitation of possession of narcotic drugs for sale, for which Landero... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471375/ | CERTIFICATION OF QUESTIONS OF STATE LAW
EBEL, Circuit Judge.
Pursuant to 10th Cir. R. 27.1 and Okla. Stat tit. 20, § 1602, the United States Court of Appeals for the Tenth Circuit requests that the Oklahoma Supreme Court exercise its discretion to consider several certified questions of Oklahoma law which “may be deter... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471376/ | Judgment
PER CURIAM.
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471381/ | JUDGMENT
PER CURIAM.
This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief filed by appellant. See Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 34(j). It is
ORDERED AND ADJUDGED that the district court’s order filed July 8, 2008, 2008 WL 2686817, be affi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471383/ | SUMMARY ORDER
Plaintiff-appellant John G. Donovan appeals from a judgment of the United States District Court for the Eastern District of New York (Lindsay, M.J.) entered on March 12, 2008, following a jury trial, in favor of defendants-appellees. We assume *627the parties’ familiarity with the underlying facts and pro... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471385/ | SUMMARY ORDER
Defendant-appellant Norddeutsche Lan-desbank Girozentrale (“NORD/LB”) appeals from an amended judgment entered July 18, 2008, awarding plaintiff back pay, compensatory damages, punitive damages, attorneys’ fees, and costs after a jury trial. Plaintiff-appellee cross appeals from the judgment insofar as it... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471389/ | SUMMARY ORDER
Plaintiff-Appellant Daniel Bruno appeals from the dismissal of two claims against the Defendant-Appellee, Metropolitan Transportation Authority (“MTA”) under the Federal Employers’ Liability Act, 45 U.S.C. § 51, et seq. (“FELA”). The United States District Court for the Southern District of New York (Marr... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471390/ | SUMMARY ORDER
Defendants appeal a money judgment entered after a jury trial in favor of plaintiff Patricia Luca on her Title VII claim, see 42 U.S.C. § 2000e et seq., that defendants denied her employment as a police officer in retaliation for a lawsuit she filed charging her employer, the Nassau County Sheriffs Depart... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471392/ | SUMMARY ORDER
Plaintiffs-appellants appeal from (1) the judgment of the United States District Court for the District of Connecticut (Ar-terton, J.), dismissing their claims against all defendants, and (2) the denial of their motion to modify the judgment to grant leave to file an amended complaint. We assume the part... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471395/ | SUMMARY ORDER
Plaintiffs-appellants appeal from an interlocutory order of the United States District Court for the Northern District of New York (McAvoy, J.), denying their motion for class certification under Rule 23 of the Federal Rules of Civil Procedure. We assume the parties’ familiarity with the facts, proceeding... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471398/ | SUMMARY ORDER
Appellants John C. White and White Investment L.P. (collectively “White”) appeal from a partial final judgment of the district court granting Appellees’ motion for summary judgment. In granting that motion, the district court granted Appel-lees (collectively “Petrello”) specific performance of their real... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471404/ | SUMMARY ORDER
Petitioner appeals that part of the decision of the Board of Immigration Appeals (“BIA”) which denied her appeal of the decision of an Immigration Judge (“IJ”) finding her removable under 8 U.S.C. § 1227(a)(2)(A)(iii) for having been convicted of an aggravated felony at any time after admission. We assum... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471410/ | SUMMARY ORDER
Petitioner Sanjar Kayumovich Muhitdi-nov, a native and citizen of Uzbekistan, seeks review of a September 17, 2008 order of the BIA affirming the November 2, 2006 decision of Immigration Judge (“IJ”) Sandy K. Horn, denying his applications for asylum, withholding of removal, and relief under the Conventi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471412/ | SUMMARY ORDER
Petitioner Vincent C. Lukose, a native and citizen of India, seeks review of a September 18, 2008 decision of the BIA. Petitioner argues as follows: (1) the BIA erred when it affirmed the immigration judge’s (“IJ”) decision to decline to reopen proceedings sua sponte to allow petitioner to apply for adjus... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471414/ | SUMMARY ORDER
Petitioner, a native and citizen of Indonesia, seeks review of a November 28, 2008 order of the BIA affirming the April 18, 2007 decision of Immigration Judge (“IJ”) Brigitte Laforest, which denied Petitioner’s application for asylum, withholding of removal, and relief under the Convention Against Tortur... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471418/ | SUMMARY ORDER
Petitioner Chikun Chen, a citizen of China, seeks review of a June 17, 2008 order of the Board of Immigration Appeals (“BIA”) affirming Immigration Judge (“IJ”) Helen Sichel’s October 31, 2006 decision denying Chen’s application for asylum, withholding of removal, and relief under the Convention Against ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471420/ | SUMMARY ORDER
Hua Li (“Li”) petitions this Court to review a final order of removal issued by the Board of Immigration Appeals (“Board”) on May 8, 2008. We assume the parties’ familiarity with the underlying facts, procedural history, and specification of issues for review.
On appeal, Li, who has three American-born ch... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471424/ | SUMMARY ORDER
Petitioner, Yong Gang Zou, a native and citizen of China, seeks review of an April 17, 2007 order of the- BIA affirming the June 28, 2005 decision of Immigration Judge (“IJ”) Brigitte Laforest pretermit-ting petitioner’s asylum application and denying his application for withholding of removal and relief... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471428/ | SUMMARY ORDER
Robert E. Hewitt appeals a September 30, 2008, judgment of the district court sentencing him, after a plea of guilty, to a term of imprisonment of five years for his crime of arson in violation of 18 U.S.C. § 844(i). Hewitt argues that the district court should have applied Section 5G1.3(b) of the United ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471379/ | 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 and appendices filed by the parties. See Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 34(j). It is
ORDERED AND ADJUDGED that the district court’s order filed May 13, 2008, denyin... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471380/ | JUDGMENT
PER CURIAM.
This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief filed by appellant. See Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 34(j). It is
ORDERED AND ADJUDGED that the district court’s order filed July 8, 2008, 2008 WL 2686817, be affi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471386/ | SUMMARY ORDER
Appellants challenge an order of the District Court for the District of Connecticut (Dorsey, J.), filed May 5, 2008, staying their action to enforce a $116 million default judgment of the District Court for the District of Rhode Island against the Palestinian Authority (the “PA”) and the Palestine Liberat... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471388/ | SUMMARY ORDER
Plaintiff-Appellant Daniel Bruno appeals from the dismissal of two claims against the Defendant-Appellee, Metropolitan Transportation Authority (“MTA”) under the Federal Employers’ Liability Act, 45 U.S.C. § 51, et seq. (“FELA”). The United States District Court for the Southern District of New York (Marr... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471391/ | SUMMARY ORDER
Defendants appeal a money judgment entered after a jury trial in favor of plaintiff Patricia Luca on her Title VII claim, see 42 U.S.C. § 2000e et seq., that defendants denied her employment as a police officer in retaliation for a lawsuit she filed charging her employer, the Nassau County Sheriffs Depart... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471393/ | SUMMARY ORDER
Plaintiffs-appellants appeal from (1) the judgment of the United States District Court for the District of Connecticut (Ar-terton, J.), dismissing their claims against all defendants, and (2) the denial of their motion to modify the judgment to grant leave to file an amended complaint. We assume the part... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471401/ | *655
SUMMARY ORDER
Joyce Parks appeals from a judgment of the district court dismissing her amended complaint alleging selective prosecution against defendants Arresting Officer, District Attorney, and Assistant District Attorney, all of the Town of Greenburgh. The Arresting Officer claims on appeal that the district ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471403/ | SUMMARY ORDER
This is an appeal from a May 19, 2008 order and May 29, 2008 judgment of the Southern District of New York (Jones, J.) granting Petitioner-Appellee Leon Smith’s petition for habeas corpus and vacating his conviction for robbery in the second degree on the basis that it was objectively unreasonable for the... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471405/ | SUMMARY ORDER
Petitioner appeals that part of the decision of the Board of Immigration Appeals (“BIA”) which denied her appeal of the decision of an Immigration Judge (“IJ”) finding her removable under 8 U.S.C. § 1227(a)(2)(A)(iii) for having been convicted of an aggravated felony at any time after admission. We assum... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471411/ | SUMMARY ORDER
Petitioner Sanjar Kayumovich Muhitdi-nov, a native and citizen of Uzbekistan, seeks review of a September 17, 2008 order of the BIA affirming the November 2, 2006 decision of Immigration Judge (“IJ”) Sandy K. Horn, denying his applications for asylum, withholding of removal, and relief under the Conventi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471413/ | SUMMARY ORDER
Petitioner Vincent C. Lukose, a native and citizen of India, seeks review of a September 18, 2008 decision of the BIA. Petitioner argues as follows: (1) the BIA erred when it affirmed the immigration judge’s (“IJ”) decision to decline to reopen proceedings sua sponte to allow petitioner to apply for adjus... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471415/ | SUMMARY ORDER
Petitioner, a native and citizen of Indonesia, seeks review of a November 28, 2008 order of the BIA affirming the April 18, 2007 decision of Immigration Judge (“IJ”) Brigitte Laforest, which denied Petitioner’s application for asylum, withholding of removal, and relief under the Convention Against Tortur... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471416/ | SUMMARY ORDER
Petitioner Yu Fin Wan, a native and citizen of the People’s Republic of China, seeks review of a July 31, 2008 order of the BIA denying his motion to reopen. In re Yu Fin Wan, No. A74 153 681 (B.I.A. July 31, 2008). We assume the parties’ familiarity with the underlying facts and procedural history in th... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471419/ | SUMMARY ORDER
Petitioner Chikun Chen, a citizen of China, seeks review of a June 17, 2008 order of the Board of Immigration Appeals (“BIA”) affirming Immigration Judge (“IJ”) Helen Sichel’s October 31, 2006 decision denying Chen’s application for asylum, withholding of removal, and relief under the Convention Against ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471421/ | SUMMARY ORDER
Hua Li (“Li”) petitions this Court to review a final order of removal issued by the Board of Immigration Appeals (“Board”) on May 8, 2008. We assume the parties’ familiarity with the underlying facts, procedural history, and specification of issues for review.
On appeal, Li, who has three American-born ch... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471423/ | SUMMARY ORDER
Petitioner Khondaker Maksud Alam, a native and citizen of Bangladesh, seeks review of the November 2, 2007 order of the BIA denying his motion to reopen his removal proceedings. In re Khondaker Maksud Alam, No. A096 427 070 (B.I.A. Nov. 2, 2008). We assume the parties’ familiarity with the underlying fac... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471425/ | SUMMARY ORDER
Petitioner, Yong Gang Zou, a native and citizen of China, seeks review of an April 17, 2007 order of the- BIA affirming the June 28, 2005 decision of Immigration Judge (“IJ”) Brigitte Laforest pretermit-ting petitioner’s asylum application and denying his application for withholding of removal and relief... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471427/ | SUMMARY ORDER
Petitioner, Bi Qing Cao, a native and citizen of the People’s Republic of China, seeks review of an August 29, 2007 order of the BIA denying her motion to reopen her removal proceedings. In re Bi Qing Cao, No. A 073 600 720 (B.I.A. Aug. 29, 2007). We assume the parties’ familiarity with the underlying fa... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471429/ | SUMMARY ORDER
Robert E. Hewitt appeals a September 30, 2008, judgment of the district court sentencing him, after a plea of guilty, to a term of imprisonment of five years for his crime of arson in violation of 18 U.S.C. § 844(i). Hewitt argues that the district court should have applied Section 5G1.3(b) of the United ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471595/ | MEMORANDUM ***
Defendant Manuel Danny Guerrero appeals his jury conviction of one count of importation of 500 grams or more of a mixture and substance containing methamphetamine, in violation of 21 U.S.C. §§ 952 and 960 and 18 U.S.C. § 2; and one count of possession of 500 grams or more of a mixture and substance conta... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471432/ | SUMMARY ORDER
Appellant Amanda Edmond appeals from the judgment of the district court granting summary judgment to Appellee Hartford Underwriters Insurance Company in Appellant’s action for breach of contract. Appellee argues that the district court correctly granted the motion for summary judgment. We assume the part... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471438/ | SUMMARY ORDER
John Nolan appeals from the April 16, 2008, 2008 WL 1758644, judgement of the district court, which dismissed his case with prejudice pursuant to Fed.R.Civ.P. 41(b). We assume the parties’ familiarity with the facts, proceedings below, and specification of the issues on appeal. Nolan alleges in his compl... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471440/ | SUMMARY ORDER
Petitioner Be Song Zong, a native and citizen of the People’s Republic of China, seeks review of a January 9, 2009 order of the BIA denying his motion to reopen. In re Be Song Zong, No. A077 745 682 (B.I.A. Jan. 9, 2009). We assume the parties’ familiarity with the underlying facts and procedural history... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471443/ | SUMMARY ORDER
Plaintiff Michael J. Tori appeals from a judgment of the district court (Karas, J.) entered September 12, 2008, granting defendant Marist College’s (“Marist”) motion for summary judgment and closing the case. Dr. Tori — a single, white, male, Christian — brought claims under, inter alia, Title VII of the ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471445/ | SUMMARY ORDER
Plaintiffs-appellants Eastman Kodak Company (“Kodak”) and Martin M. Coyne (“Coyne”) appeal from an order granting summary judgment for defendants-appel-lees Bayer Corp., the Supplemental Benefit Plan Committee of Sterling Drug Inc., and the Sterling Drug Inc. Supplemental Benefit Plan (jointly, “defendant... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471447/ | SUMMARY ORDER
Petitioner Qiu-Yun Zheng, a native and citizen of China, seeks review of a September 11, 2007 order of the BIA affirming the January 5, 2006 decision of Immigration Judge (“IJ”) Robert D. Weisel denying Zheng’s applications for asylum, withholding of removal, and relief under the Convention Against Tortu... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471451/ | SUMMARY ORDER
Plaintiffs-appellants Margaret E. Loris and Kelli Hibbard, who are Caucasian women, challenge an August 20, 2008 judgment of the District Court granting defendants-appellees’ motion for summary judgment and dismissing with prejudice then-suit alleging unlawful employment discrimination and retaliation und... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471455/ | SUMMARY ORDER
Linda Bahar, Fnu Mujiyono, and Surya Pratama, natives and citizen of Indonesia, seek review of a November 5, 2008 order of the BIA affirming the September 11, 2006 decision of Immigration Judge (“IJ”) Douglas Schoppert, which denied their application for asylum, withholding of removal, and relief under t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471457/ | SUMMARY ORDER
Plaintiffs West Virginia Investment Management Board, Angel A. Burckhart, and Administración de Compensaciones por Accidentes de Automóviles (jointly, “plaintiffs”) appeal from the July 9, 2008 judgment dismissing plaintiffs’ complaint with prejudice. Plaintiffs allege that defendant PricewaterhouseCooper... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471459/ | *723OPINION
PER CURIAM.
Brian Griffin appeals pro se from the District Court’s order dismissing his action filed pursuant to 42 U.S.C. § 1983 for failure to exhaust administrative remedies. For the reasons that follow, we will summarily affirm.
Because we write primarily for the parties, it is not necessary to recite t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471461/ | OPINION
PER CURIAM.
Eugene Spuglio appeals from an order of the District Court dismissing his pro se personal injury action. For the reasons that follow, we will summarily affirm.
Spuglio, a resident of Pennsylvania, alleged that, in November 2008, while a patron at the Cabaret Lounge in Massachusetts, he was assaulted... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471463/ | OPINION
PER CURIAM.
James B. Thomas, Sr., proceeding pro se, appeals from the District Court’s order remanding his case to New Jersey state court for lack of subject matter jurisdiction. Because the appeal presents no substantial question, we will summarily affirm the District Court’s order. See 3d Cir. LAR 27.4; I.O.P... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471465/ | OPINION
PER CURIAM.
Appellant Ronald Riñes pleaded guilty to four counts of armed bank robbery in *730violation of 18 U.S.C. § 2113(a) and (d). See United States v. Rines, D.C.Crim. Nos. 00-cr-00334 & 01-cr-00228. He was sentenced on October 25, 2002 in United States District Court for the Eastern District of Pennsylva... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471469/ | *742OPINION OF THE COURT
DITTER, District Judge.
Appellant, Jacqueline Smith, a sergeant on the East Greenwich Police Department, brings this appeal from a decision of the District Court granting summary-judgment in favor of the appellees, the Township of East Greenwich, the East Greenwich Police Department, Police Chi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471471/ | OPINION OF THE COURT
PER CURIAM.
Lukito Hadisaputra, a native and citizen of Indonesia, petitions this Court for review of a final order of removal entered by the Board of Immigration Appeals (“BIA”). We will deny the petition.
In 2003, the Department of Homeland Security commenced removal proceedings against Hadisaput... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471473/ | OPINION OF THE COURT
RENDELL, Circuit Judge.
Daryle Pitts appeals from the order of the District Court dismissing his complaint under Fed.R.Civ.P. 12(b)(6). Pitts, an inmate at the New Jersey State Prison in Trenton, New Jersey, alleged that he was denied necessary medical treatment while in prison. He filed a complain... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471475/ | OPINION
PER CURIAM.
Freddie Richardson, an inmate at the Northern State Prison in Newark, New Jersey, appeals pro se from the District Court’s dismissal of his complaint. Because we conclude that this appeal presents no substantial question, we will summarily affirm. See 3d Cir. L.A.R. 27.4; I.O.P. 10.6
I.
Richardson f... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471478/ | OPINION
PER CURIAM.
Nina Shahin, proceeding pro se, filed the underlying action alleging employment discrimination against the Department of Finance for the State of Delaware (“Delaware”). She alleges Delaware discriminated against her on the basis of age in December 2004 when it decided not to employ her. She later fi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471481/ | OPINION
SMITH, Circuit Judge.
Charles Moore pleaded guilty to a one count information that charged him with tax evasion, in violation of 26 U.S.C. § 7201. The Sentencing Guidelines recommended a sentence that included an 18-to 24-month term of imprisonment. The District Court, however, sentenced Moore to a below-Guidel... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471483/ | *771OPINION
FUENTES, Circuit Judge:
Banta Tile and Marble Company, Inc. (“Banta”) appeals from the District Court’s grant of summary judgment in favor of International Union of Bricklayers and A-lied Craftworkers, Local 5 (“Local 5”). Banta alleges that the District Court erred when it held that Banta was required to a... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471485/ | OPINION OF THE COURT
CHAGARES, Circuit Judge.
This appeal presents several challenges to District Council 33’s (“DC 33”) collection of fees from City of Philadelphia (“City”) employees who are not members of the DC 33 union but who are represented by that union for collective bargaining purposes. We will affirm the Dis... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471487/ | OPINION
PER CURIAM.
On July 27, 2009, Philip Frazier filed this pro se mandamus petition seeking review of the Magistrate Judge’s refusal to recuse himself from presiding over pretrial matters in Frazier’s pro se civil rights action.1 For the reasons that follow, we conclude that mandamus relief is not warranted.
Frazi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471489/ | OPINION OF THE COURT
PER CURIAM.
The plaintiffs in these three cases— which we shall refer to as Romero I, Romero II, and EEOC — allege that they were harmed by Allstate’s transition from a system where insurance agents were company employees to a system where the agents were independent contractors, and by Allstate’s ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471491/ | OPINION
PER CURIAM.
Appellant Rasheen Johnson appeals from an order of the United States District *797Court for the Middle District of Pennsylvania denying his petition for writ of habe-as corpus filed pursuant to 28 U.S.C. § 2241.
Johnson is currently confined at the Canaan United States Penitentiary in Way-mart, Penn... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471492/ | OPINION
PER CURIAM.
Petitioner Bhajan Singh seeks review of both a final order of removal and denial of *800his motion for reconsideration. For the reasons that follow, we will deny the petition for review.
I
Singh is a native and citizen of India. He entered the United States in March 1998 and overstayed the roughly f... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471500/ | OPINION
PER CURIAM.
Paul McNeil petitions for review of an order of the Board of Immigration Appeals (“BIA”) vacating the Immigration Judge’s (“IJ”) order granting his application for cancellation of removal. We will deny the petition for review.
McNeil is a native and citizen of Jamaica, who was admitted to the United... | 01-04-2023 | 11-05-2022 |
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