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https://www.courtlistener.com/api/rest/v3/opinions/8472286/ | OPINION
PER CURIAM.
Geoffrey Atwell appeals the District Court’s order granting appellees’ motion to dismiss his complaint. For the reasons below, we will affirm.
The procedural history of this case and the details of Atwell’s claims are well known to the parties and need not be discussed at length. Briefly, Atwell fil... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472287/ | OPINION
PER CURIAM.
This case arises from a dispute between the Appellants, Mark and Andrea Newton, and their landlord, Brian Mizell. The dispute began when, in October 2004, Essex County declared the Newtons’s apartment uninhabitable. At that time, County officials informed Mizell that the Newtons would not be require... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472264/ | SUMMARY ORDER
Petitioner, Jian Qing Ke, a native and citizen of the People’s Republic of China, seeks review of a January 8, 2009 order of the BIA denying his motion to reopen his deportation proceedings. In re Jian Qing Ke, No. A 070 898 864 (B.I.A. Jan. 8, 2009). We assume the parties’ familiarity with the underlyin... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472268/ | SUMMARY ORDER
Petitioner Ling Zheng, a native and citizen of the People’s Republic of China, seeks review of a February 6, 2009 order of the BIA denying her motion to reopen. In re Ling Zheng, No. A077 283 074 (B.I.A. Feb. 6, 2009). We assume the parties’ familiarity with the underlying facts and procedural history of... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472270/ | SUMMARY ORDER
Petitioner Nasiba Zokirjon Qizi Madaminova, a native and citizen of Uzbekistan, seeks review of a July 22, 2008 order of the BIA affirming the January 8, 2007 decision of Immigration Judge (“IJ”) Steven R. Abrams, which denied her application for asylum, withholding of removal, and relief under the Conve... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472272/ | SUMMARY ORDER
Petitioner Yong Jin Li, a native and citizen of the People’s Republic of China, seeks review of the BIA’s denial of his motion to reopen removal proceedings. In re Yong Jin Li, No. A095 467 025 (B.I.A. Nov. 6, 2008). We assume the parties’ familiarity with the underlying facts and procedural history of t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472274/ | SUMMARY ORDER
Plaintiff-Appellant Saundra V. White, pro se, appeals from the district court’s sua sponte dismissal of her complaint pursuant to 28 U.S.C. § 1915(e)(2). We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.
We review de novo the distr... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472276/ | SUMMARY ORDER
Appellants Tyheem Keesh and Jesus Jova, pro se and incarcerated, appeal a judgment of the district court granting the Defendants’ motion for summary judgment and dismissing their 42 U.S.C. § 1983 complaint alleging violations of their rights under the First, Eighth, and Fourteenth Amendments, as well as ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472285/ | OPINION
PER CURIAM.
Geoffrey Atwell appeals the District Court’s order granting appellees’ motion to dismiss his complaint. For the reasons below, we will affirm.
The procedural history of this case and the details of Atwell’s claims are well known to the parties and need not be discussed at length. Briefly, Atwell fil... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472288/ | OPINION
PER CURIAM.
This case arises from a dispute between the Appellants, Mark and Andrea Newton, and their landlord, Brian Mizell. The dispute began when, in October 2004, Essex County declared the Newtons’s apartment uninhabitable. At that time, County officials informed Mizell that the Newtons would not be require... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472289/ | OPINION
PER CURIAM.
Joseph Zemba, a federal prisoner proceeding pro se, appeals an order of the United States District Court for the Western District of Pennsylvania dismissing his petition for a writ of audita querela. We ■will affirm the District Court’s order.
In 2001, Zemba was convicted of possession of a firearm ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472295/ | *762OPINION
PER CURIAM.
Appellant Nathaniel Lawson seeks review of the District Court’s order dismissing his case for lack of subject matter jurisdiction. We conclude that the appeal does not present a substantial question and will summarily affirm the District Court’s order. See 3d Cir. L.A.R. 27.4; I.O.P. 10.6.
I.
In... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472297/ | OPINION
PER CURIAM.
T. Barry Gray appeals the District Court’s order denying his motion to proceed informa pauperis and remanding his civil action to the Court of Common Pleas of Delaware County. We will affirm in part, reverse in part, and remand the matter.
In June 2008, Gray filed a motion to proceed in forma pauper... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472299/ | OPINION
AMBRO, Circuit Judge.
In 2007, Luis and Deborah Munoz obtained a jury verdict against the City of Philadelphia and the Philadelphia Redevelopment Authority (collectively, the “City”). The basis of the Munozes’s suit was their assertion that the City’s failure to provide them with timely notice of its intention ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472301/ | OPINION
SMITH, Circuit Judge.
“This is a tragic case.” That is how the District Court opinion which we now review begins, and that is how we begin as well.
Tondalia Cliett, in her own right and as administratrix of her son’s estate, filed a wrongful death and survival action against the City of Ocean City, New Jersey, ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472304/ | OPINION OF THE COURT
JORDAN, Circuit Judge.
Adel Guirguis appeals from the order of the United States District Court for the Eastern District of Pennsylvania dismissing his complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons that follow, we will affirm.
*775I. Background
Guirguis brou... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472305/ | OPINION OF THE COURT
PER CURIAM.
Ana Milena Serna-Garcia petitions for review of the Board of Immigration Appeals’ (“BIA”) final order of removal. We will grant her petition in part, deny it in part, and remand for further proceedings.
I.
Serna-Garcia is a native and citizen of Colombia. She arrived in the United State... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472311/ | OPINION OF THE COURT
PER CURIAM.
Petitioners, Xiu Jin Yu and Yong Sheng Liu, natives and citizens of the People’s Republic of China, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen. For the following reasons, we will deny their petition.
Liu entered the United State... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472313/ | OPINION OF THE COURT
JORDAN, Circuit Judge.
Foster Price, Jr. was convicted by a jury in the United States District Court for the Middle District of Pennsylvania on charges related to the possession and distribution of heroin and was sentenced to 27 years in prison. He appeals the District Court’s judgment of convictio... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472317/ | OPINION OF THE COURT
PER CURIAM.
This matter comes on before this Court on Joanne Boyd’s appeal from an order of the District Court dismissing her complaint without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. For the reasons that follow we will affirm the order, albeit on grounds differing... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472321/ | OPINION
PER CURIAM.
Appellant Samuel Cann appeals from an order of the District Court dismissing his civil rights complaint for failure to state a claim. For the reasons that follow, we will affirm.
I.
Cann is an inmate at the New Jersey State Prison in Trenton. According to his complaint, on September 15, 2005, Cann s... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472323/ | OPINION
PER CURIAM.
Judith Dorfman appeals from the district court’s grant of summary judgment in favor of appellees in her employment discrimination action. For the following reasons, we will affirm the district court’s judgment.
I. Background
The Pine Hill Board of Education (“Pine Hill”) hired Dorfman as a music tea... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472325/ | OPINION
PER CURIAM.
I.
In September 2005, Appellant Judy Enders-Maden filed suit against Super Fresh Food Markets, Inc. (“Super Fresh”), her former employer. Enders-Maden alleged that while employed at Super Fresh she was sexually harassed by her supervisor, that she was given disparate treatment with respect to schedu... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472327/ | OPINION
PER CURIAM.
Ashok Shah, pro se, appeals from the District Court’s grant of the appellee’s motion for summary judgment. For the reasons that follow, we will affirm the District Court’s order.
*833In 2006, Adecco, a temporary staffing agency, found a work assignment for Shah with its client Bank of America (“BOA”... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472333/ | OPINION OF THE COURT
FUENTES, Circuit Judge:
Brandow Chrysler Jeep Co. et al. (collectively “Brandow”) appeal from the District Court’s grant of summary judgment in favor of DataScan Technology. Brandow argues that the District Court erred when it considered extrinsic evidence in order to interpret the terms of a relea... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472335/ | OPINION OF THE COURT
FUENTES, Circuit Judge:
Appellant George Aubrey appeals the District Court’s Order granting Appellees’ motions for summary judgment on his claim charging Donald Sanders, M.D. (“Sanders”), Center for Clinical Research, Inc., (“CCR”), Robert Gale Martin, M.D., (“Martin”), and Carolina Eye Associates,... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472339/ | OPINION
PER CURIAM.
Li Jun Yan, a native and citizen of the People’s Republic of China (“China”), au*856rived in the United States as a visitor on April 11, 1998. He overstayed his visa, and the Government charged him with removability. Yan conceded the charge and applied for asylum, withholding of removal, and relief ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472341/ | OPINION OF THE COURT
FUENTES, Circuit Judge:
The gravamen of the case filed by Thomas Eames, Roberta Eames, and Tammy Eames (“the Eameses”) is that Nationwide Mutual Insurance Company (“Nationwide”) engaged in misrepresentation with respect to the Eameses’ automobile insurance policy by describing the policy limits for... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472343/ | OPINION
BARRY, Circuit Judge.
Pennsylvania Manufacturers’ Association Insurance Company (“PMAIC”) and Transportation Insurance Company (“TIC”) issued commercial general liability (“CGL”) insurance policies to G & B Specialities (“G & B”) that were materially indistinguishable except for the respective coverage period. ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472345/ | OPINION
BARRY, Circuit Judge.
Appellant Kareem Millhouse was convicted by a jury of three counts of bank robbery, two counts of armed bank robbery, one count of Hobbs Act robbery, and three counts of related firearms offenses. We will affirm the judgment of conviction.
I.
Millhouse was charged in connection with six se... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472347/ | OPINION
BARRY, Circuit Judge.
Martha Flory appeals from the July 15, 2008, 2008 WL 2782664, order of the District Court granting summary judgment to Pinnacle Health Hospitals. For the reasons that follow, we will affirm.
I.
Because we write solely for the benefit of the parties, we set forth only those facts necessary ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472351/ | OPINION
PER CURIAM.
Elliot Bates appeals from an order of the District Court that dismissed his amended civil rights complaint with prejudice. The District Court’s decision rests on the faulty premise that Appellees, most of whom had a role in Bates’ involuntary commitment, are entitled to absolute immunity from suit i... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472353/ | OPINION
PER CURIAM.
Yogeshwar Seeraj petitions for review of the Board of Immigration Appeals’ (“BIA”) final order of removal. For the following reasons, we will deny his petition.
I.
Seeraj, a citizen of Guyana, entered the United States unlawfully in 1995. Soon thereafter, he was served with a Notice to Appear chargi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472356/ | OPINION
BARRY, Circuit Judge.
On May 17, 2007, we granted a certificate of appealability as to two of Carl Rice’s federal habeas claims, each of which alleged a violation of his Sixth Amendment right to the effective assistance of counsel. Rice argues that counsel rendered ineffective assistance when he failed to file ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472357/ | OPINION
PER CURIAM.
Petitioner, Xiu Ju Wang, seeks review of the Board of Immigration Appeals’ (“BIA”) final order of removal. For the following reasons, we will deny her petition.
I.
Wang is twenty-two years old and is a citizen of China. Wang entered the United States unlawfully in October 2005 and was placed in remo... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472360/ | OPINION OF THE COURT
JORDAN, Circuit Judge.
Latacha Renee Thompson appeals the judgment of conviction, entered against her by the United States District Court for the Middle District of Pennsylvania, for interstate transportation in aid of drug trafficking, in violation of 18 U.S.C. § 1952(a)(3). Thompson alleges that ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472722/ | PER CURIAM: *
The attorney appointed to represent Ricardo Tovar has moved for leave to with*981draw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Tovar has not filed a response. Our independent review of the record and counsel’s brief discloses no non... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472294/ | OPINION
PER CURIAM.
Appellant Michael Chornos, a pro se prisoner, appeals from the District Court’s denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. For the reasons set forth below, we will summarily affirm. See I.O.P. 10.6.
I.
In February 2008, Chornos was named in a four count indictment... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472296/ | *762OPINION
PER CURIAM.
Appellant Nathaniel Lawson seeks review of the District Court’s order dismissing his case for lack of subject matter jurisdiction. We conclude that the appeal does not present a substantial question and will summarily affirm the District Court’s order. See 3d Cir. L.A.R. 27.4; I.O.P. 10.6.
I.
In... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472300/ | OPINION
AMBRO, Circuit Judge.
In 2007, Luis and Deborah Munoz obtained a jury verdict against the City of Philadelphia and the Philadelphia Redevelopment Authority (collectively, the “City”). The basis of the Munozes’s suit was their assertion that the City’s failure to provide them with timely notice of its intention ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472302/ | OPINION
SMITH, Circuit Judge.
“This is a tragic case.” That is how the District Court opinion which we now review begins, and that is how we begin as well.
Tondalia Cliett, in her own right and as administratrix of her son’s estate, filed a wrongful death and survival action against the City of Ocean City, New Jersey, ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472303/ | OPINION OF THE COURT
JORDAN, Circuit Judge.
Adel Guirguis appeals from the order of the United States District Court for the Eastern District of Pennsylvania dismissing his complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons that follow, we will affirm.
*775I. Background
Guirguis brou... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472308/ | OPINION OF THE COURT
FISHER, Circuit Judge.
Yaroslav Anatolyevieh Semenov, a citizen of Tajikistan, petitions this Court for review of final orders issued by the Board of Immigration Appeals (“BIA”). For the reasons that follow, we will grant the petition and remand this matter to the BIA.1
I. Facts
We write exclusivel... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472312/ | OPINION OF THE COURT
PER CURIAM.
Petitioners, Xiu Jin Yu and Yong Sheng Liu, natives and citizens of the People’s Republic of China, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen. For the following reasons, we will deny their petition.
Liu entered the United State... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472314/ | OPINION OF THE COURT
JORDAN, Circuit Judge.
Foster Price, Jr. was convicted by a jury in the United States District Court for the Middle District of Pennsylvania on charges related to the possession and distribution of heroin and was sentenced to 27 years in prison. He appeals the District Court’s judgment of convictio... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472316/ | OPINION
McKEE, Circuit Judge.
Sherry Studli appeals the district court’s grant of summary judgment in favor of defendants in this civil rights action under 42 U.S.C. § 1988. For the reasons that follow, we will affirm.
I.
Since we are writing primarily for the parties who are familiar with the factual and procedural ba... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472318/ | OPINION OF THE COURT
PER CURIAM.
This matter comes on before this Court on Joanne Boyd’s appeal from an order of the District Court dismissing her complaint without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. For the reasons that follow we will affirm the order, albeit on grounds differing... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472320/ | OPINION
McKEE, Circuit Judge
Masood Ahmed appeals the district court’s grant of summary judgment in favor of Lowe’s Home Centers, Inc. on Ahmed’s claims of retaliation, discrimination, hostile work environment, and intentional infliction of emotional distress (“IIED”). For the reasons that follow, we will affirm.
I.
As... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472322/ | OPINION
PER CURIAM.
Appellant Samuel Cann appeals from an order of the District Court dismissing his civil rights complaint for failure to state a claim. For the reasons that follow, we will affirm.
I.
Cann is an inmate at the New Jersey State Prison in Trenton. According to his complaint, on September 15, 2005, Cann s... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472324/ | OPINION
PER CURIAM.
Judith Dorfman appeals from the district court’s grant of summary judgment in favor of appellees in her employment discrimination action. For the following reasons, we will affirm the district court’s judgment.
I. Background
The Pine Hill Board of Education (“Pine Hill”) hired Dorfman as a music tea... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472326/ | OPINION
PER CURIAM.
I.
In September 2005, Appellant Judy Enders-Maden filed suit against Super Fresh Food Markets, Inc. (“Super Fresh”), her former employer. Enders-Maden alleged that while employed at Super Fresh she was sexually harassed by her supervisor, that she was given disparate treatment with respect to schedu... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472334/ | OPINION OF THE COURT
FUENTES, Circuit Judge:
Brandow Chrysler Jeep Co. et al. (collectively “Brandow”) appeal from the District Court’s grant of summary judgment in favor of DataScan Technology. Brandow argues that the District Court erred when it considered extrinsic evidence in order to interpret the terms of a relea... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472336/ | OPINION OF THE COURT
FUENTES, Circuit Judge:
Appellant George Aubrey appeals the District Court’s Order granting Appellees’ motions for summary judgment on his claim charging Donald Sanders, M.D. (“Sanders”), Center for Clinical Research, Inc., (“CCR”), Robert Gale Martin, M.D., (“Martin”), and Carolina Eye Associates,... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472338/ | OPINION
PER CURIAM.
Amardip Singh, a native and citizen of India, entered the United States without inspection at the Canadian border in March 1998. He was placed in removal proceedings under INA § 212(a)(6)(A)(i) in November 2005. Singh conceded removability and applied for asylum, withholding of removal, and relief u... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472340/ | OPINION
PER CURIAM.
Li Jun Yan, a native and citizen of the People’s Republic of China (“China”), au*856rived in the United States as a visitor on April 11, 1998. He overstayed his visa, and the Government charged him with removability. Yan conceded the charge and applied for asylum, withholding of removal, and relief ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472342/ | OPINION OF THE COURT
FUENTES, Circuit Judge:
The gravamen of the case filed by Thomas Eames, Roberta Eames, and Tammy Eames (“the Eameses”) is that Nationwide Mutual Insurance Company (“Nationwide”) engaged in misrepresentation with respect to the Eameses’ automobile insurance policy by describing the policy limits for... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472344/ | OPINION
BARRY, Circuit Judge.
Pennsylvania Manufacturers’ Association Insurance Company (“PMAIC”) and Transportation Insurance Company (“TIC”) issued commercial general liability (“CGL”) insurance policies to G & B Specialities (“G & B”) that were materially indistinguishable except for the respective coverage period. ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472346/ | OPINION
BARRY, Circuit Judge.
Appellant Kareem Millhouse was convicted by a jury of three counts of bank robbery, two counts of armed bank robbery, one count of Hobbs Act robbery, and three counts of related firearms offenses. We will affirm the judgment of conviction.
I.
Millhouse was charged in connection with six se... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472348/ | OPINION
BARRY, Circuit Judge.
Martha Flory appeals from the July 15, 2008, 2008 WL 2782664, order of the District Court granting summary judgment to Pinnacle Health Hospitals. For the reasons that follow, we will affirm.
I.
Because we write solely for the benefit of the parties, we set forth only those facts necessary ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472350/ | OPINION
PER CURIAM.
In March of 2003, a grand jury in the Western District of Pennsylvania returned a superseding indictment against appellant Gary Lee, Omari Patton, and 21 other individuals. In pertinent part, Count One charged that from 1998 until April 18, 2002, Lee, Patton, and others conspired to distribute more ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472352/ | OPINION
PER CURIAM.
Elliot Bates appeals from an order of the District Court that dismissed his amended civil rights complaint with prejudice. The District Court’s decision rests on the faulty premise that Appellees, most of whom had a role in Bates’ involuntary commitment, are entitled to absolute immunity from suit i... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472354/ | OPINION
PER CURIAM.
Yogeshwar Seeraj petitions for review of the Board of Immigration Appeals’ (“BIA”) final order of removal. For the following reasons, we will deny his petition.
I.
Seeraj, a citizen of Guyana, entered the United States unlawfully in 1995. Soon thereafter, he was served with a Notice to Appear chargi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472355/ | OPINION
BARRY, Circuit Judge.
On May 17, 2007, we granted a certificate of appealability as to two of Carl Rice’s federal habeas claims, each of which alleged a violation of his Sixth Amendment right to the effective assistance of counsel. Rice argues that counsel rendered ineffective assistance when he failed to file ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472358/ | OPINION
PER CURIAM.
Petitioner, Xiu Ju Wang, seeks review of the Board of Immigration Appeals’ (“BIA”) final order of removal. For the following reasons, we will deny her petition.
I.
Wang is twenty-two years old and is a citizen of China. Wang entered the United States unlawfully in October 2005 and was placed in remo... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472359/ | OPINION OF THE COURT
JORDAN, Circuit Judge.
Latacha Renee Thompson appeals the judgment of conviction, entered against her by the United States District Court for the Middle District of Pennsylvania, for interstate transportation in aid of drug trafficking, in violation of 18 U.S.C. § 1952(a)(3). Thompson alleges that ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472362/ | OPINION OF THE COURT
JORDAN, Circuit Judge.
Roberto Aguilera-Soto pled guilty to illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a) & (b)(2), and was sentenced to 77 months in prison. His sentence was based in part on a 16-level enhancement to the base offense level set by the United States Sentencin... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472363/ | OPINION
RENDELL, Circuit Judge.
Robert Hudson pled guilty to drug and firearm-related offenses, and was sentenced to eight years’ imprisonment.1 After Hudson filed a notice of appeal, defense counsel moved to withdraw, filing a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), indica... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472365/ | Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Charles A. Inko-Tariah appeals the dismissal of his complaint alleging violations of Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12131, et seq., Section 504 of the Rehabilitat... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472723/ | PER CURIAM: *
The attorney appointed to represent Ricardo Tovar has moved for leave to with*981draw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Tovar has not filed a response. Our independent review of the record and counsel’s brief discloses no non... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472367/ | Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
PJ Jamal Gilyard seeks to appeal the district court’s order treating his Fed. R.Civ.P. 60(b) motion as a successive 28 U.S.C.A. § 2255 (West Supp.2009) motion, and dismissing it on that basis. The or... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472369/ | Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
David Sanjurjo appeals the district court’s order denying his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2) (2006). We have reviewed the record and find no reversible error. Accordingl... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472374/ | Petition denied by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Bennie A. Mack, Jr., petitions for a writ of mandamus, seeking an order recusing the district court judge in his criminal trial. Our review of the record reveals that the district court entered... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472377/ | ORDER
Investigators working for State Farm Insurance concluded that Evelyn Smith, after defaulting on her mortgage, paid an arsonist $500 to torch her home near Milwaukee and then made a claim against her State Farm homeowner’s insurance policy. Smith objected to State Farm’s denial of her claim and sued the company in... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472379/ | ORDER
Clark Truly was convicted in Illinois state court of aggravated battery with a firearm and is serving an eighteen-year prison term. After exhausting his state remedies, Truly petitioned for a writ of habeas corpus in the district court. See 28 U.S.C. § 2254. The eourt denied his petition but issued a certificate ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472381/ | ORDER
Last year we affirmed Josiah Compton’s conviction for various drug-related crimes but vacated his sentence of 360 months’ imprisonment and remanded for resentencing. We determined that the district court improperly included 197 kilograms of cocaine in Compton’s relevant conduct calculation, resulting in an incorr... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472368/ | Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
PJ Jamal Gilyard seeks to appeal the district court’s order treating his Fed. R.Civ.P. 60(b) motion as a successive 28 U.S.C.A. § 2255 (West Supp.2009) motion, and dismissing it on that basis. The or... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472370/ | Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
David Sanjurjo appeals the district court’s order denying his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2) (2006). We have reviewed the record and find no reversible error. Accordingl... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472373/ | Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Amos Junior Scott seeks to appeal the district court’s order treating his Fed. R.Civ.P. 60(b) motion as a successive 28 U.S.C.A. § 2255 (West Supp.2009) motion, and dismissing it on that basis. The o... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472376/ | ORDER
Investigators working for State Farm Insurance concluded that Evelyn Smith, after defaulting on her mortgage, paid an arsonist $500 to torch her home near Milwaukee and then made a claim against her State Farm homeowner’s insurance policy. Smith objected to State Farm’s denial of her claim and sued the company in... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472391/ | ORDER
Johnathan Coursey, a Peoria resident, filed a complaint under 42 U.S.C. § 1983 against the City of Peoria, the Peoria police department, and two Peoria police officers alleging violations of his Fourth Amendment rights related to a warrant-*250less entry of his home and subsequent arrest. The district court dismi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472382/ | ORDER
In March 2008, Antwyn Williams began serving a five-year term of supervised release after completing a prison term for a drug-conspiracy conviction. See 21 U.S.C. §§ 846, 841(a)(1). But in April, Williams violated the conditions of his supervised release by possessing marijuana, which he admitted at a revocation ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472386/ | ORDER
Perris Cannaday pleaded guilty to possessing five grams or more of cocaine base, see 21 U.S.C. § 844(a), following a traffic stop in which he was found carrying 6.87 grams of crack cocaine. The district court, relying both on stipulations in the plea agreement and a presentence investigation report (“PSR”) that C... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472388/ | ORDER
This case is the second lawsuit between Dwane Ingalls and AES. The first suit began in 2004 when AES fired Ingalls, who then sued his former employer in state court for breach of an employment contract, failure to pay wages, wrongful termination, and defamation. Two months after the state court granted AES partia... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472390/ | ORDER
Johnathan Coursey, a Peoria resident, filed a complaint under 42 U.S.C. § 1983 against the City of Peoria, the Peoria police department, and two Peoria police officers alleging violations of his Fourth Amendment rights related to a warrant-*250less entry of his home and subsequent arrest. The district court dismi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472394/ | ORDER
Aaron Isby-Israel, an Indiana prisoner, filed a petition under 28 U.S.C. § 2254 challenging the process afforded him at a disciplinary hearing. A Disciplinary Hearing Board found that Isby-Israel had thrown his food tray across the prison range when a guard refused to serve him the tray of his choice. His punishm... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472397/ | MEMORANDUM ***
Sungale Group, Inc., Sungale Electronics, Ltd., and Amoisonic Electronics, Inc. (collectively Sungale) appeal the district court’s entry of default judgment against them and award of $1,000,000 in statutory damages to Koninklijke Philips Electronics N.V. (Philips). We have jurisdiction pursuant to 28 U.S... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472398/ | MEMORANDUM **
Adriana Botello, in her capacity as administrator of the estate of Rene Botello, appeals the district court’s judgment after trial in favor of District Attorney Richard Gammick, Assistant District Attorney John Helzer, and Washoe County in Rene Botello’s First Amendment retaliation case. Because the parti... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472403/ | MEMORANDUM **
Plaintiff Teddy Roosevelt Watson appeals the district court’s orders1 (1) granting in part and denying in part the defendants’ motion to dismiss the first amended complaint; (2) denying Watson’s motion for relief from Local Rule 23-8 and denying Watson’s motion for class action certification as moot; (3) ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472405/ | MEMORANDUM **
Larry Donnell King, 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/8472396/ | MEMORANDUM ***
Sungale Group, Inc., Sungale Electronics, Ltd., and Amoisonic Electronics, Inc. (collectively Sungale) appeal the district court’s entry of default judgment against them and award of $1,000,000 in statutory damages to Koninklijke Philips Electronics N.V. (Philips). We have jurisdiction pursuant to 28 U.S... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472399/ | MEMORANDUM **
Adriana Botello, in her capacity as administrator of the estate of Rene Botello, appeals the district court’s judgment after trial in favor of District Attorney Richard Gammick, Assistant District Attorney John Helzer, and Washoe County in Rene Botello’s First Amendment retaliation case. Because the parti... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472402/ | MEMORANDUM **
Plaintiff Teddy Roosevelt Watson appeals the district court’s orders1 (1) granting in part and denying in part the defendants’ motion to dismiss the first amended complaint; (2) denying Watson’s motion for relief from Local Rule 23-8 and denying Watson’s motion for class action certification as moot; (3) ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472404/ | MEMORANDUM **
Larry Donnell King, 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/8472408/ | MEMORANDUM *
Michael Lojas and Dian Lynn Lojas appeal the dismissal on summary judgment of their § 1983 suit against the State of Washington, the Washington Department of Fish and Wildlife (WDFW), and Terry L. Ray-Smith, a WDFW officer sued in her official and personal capacities. Because the district court correctly g... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472419/ | MEMORANDUM ***
In September 2004, appellants Tony and Carol Henderson defaulted on a refinanced home loan that had been sold and assigned to GMAC Mortgage Corporation and was being serviced by First Mortgage Loan Servicing (collectively “GM FMLS”). The Hendersons claim that, after they missed two payments, they entered... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472421/ | MEMORANDUM **
Levon Garabed Agopian, a native and citizen of Bulgaria, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an immigration judge’s decision denying his applications for asylum, withholding of deportation, and relief under the Convention Against Torture (“... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472411/ | *292MEMORANDUM *
Plaintiff Michael Oksner filed this action on behalf of all commercial pilots who lost, or would soon lose, their commercial licenses under the Federal Aviation Administration’s former “Age 60 Rule,” 14 C.F.R. § 121.383(c) (2006), which prohibited most commercial airline pilots from flying after their ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472412/ | MEMORANDUM **
In this 42 U.S.C. § 1983 takings action, Plaintiffs Mackin, Delaney, Nash, Cliff, Frank, Wilke, Barclay, and Kettel (“the Homeowners”) appeal the summary judgment grant in favor of the City of Coeur d’Alene (“the City”). In a prior quiet title action, the City sought declaratory relief and a preliminary i... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472414/ | MEMORANDUM *
GEICO appeals a grant of summary judgment in favor of Kenneth Hoffman and his guardian Donna Hoffman (collectively “the Hoffmans”) on their claims for additional stacked underinsured motorist insurance payments after Kenneth Hoffman sustained serious injuries as a passenger in an auto accident. The distric... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472415/ | BYBEE, Circuit Judge,
dissenting:
I respectfully dissent. Even assuming that the Release was invalid, the Hoffmans cannot bring this breach of contract suit against GEICO under Montana law.
When GEICO paid the Hoffmans $100,000 on July 5, 2001, that sum was the entire amount available under the Hoff-mans’ insurance con... | 01-04-2023 | 11-05-2022 |
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