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https://www.courtlistener.com/api/rest/v3/opinions/8472532/ | SUMMARY ORDER
Defendant Jack J. Minicone Jr., proceeding pro se, appeals from an order denying his second motion for a reduced sentence pursuant to 18 U.S.C. § 8582(c)(2), construed by the district court as a motion to reconsider the denial of his first § 3582(c)(2) motion. We assume the parties’ familiarity with the f... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472535/ | SUMMARY ORDER
This is an appeal from two orders of the United States District Court for the Eastern District of New York (Sifton,./.). The first, as a Rule 37 discovery sanction, struck appellants’ answer, including the cross-claims and entered a default judgment against them in favor of the plaintiff. The order also d... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472537/ | SUMMARY ORDER
Petitioner Quang Li, a native and citizen of the People’s Republic of China, seeks review of: (1) the October 25, 2007 order of the BIA denying his third motion to reopen; and (2) the July 24, 2008 order of the BIA denying his fourth motion to reopen. In re Quang Li, No. A072 365 958 (B.I.A. Oct. 25, 200... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472539/ | SUMMARY ORDER
Plaintiffs-Appellants Suresh Pathare, Samy Elghayesh, Nader Solimán, and Gordhan Patel appeal from a judgment of the United States District Court for the Southern District of New York (Swain, J.). The district court granted a motion for summary judgment by Defendants-Appellees Joel I. Klein and the New Yo... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472541/ | SUMMARY ORDER
Defendants-appellants Michael and Alex Mitselmakher (collectively “the Mitselmakhers”) appeal from a memorandum decision and order of the United States District Court for the Eastern District of New York (Cogan, J.) dated November 20, 2008, 2008 WL 5068609, denying their motion for attorneys’ fees and exp... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472543/ | SUMMARY ORDER
Plaintiffs, police officers in the Town of Harrison, New York (the “Town”), allege that the Town, its police chief, and a police captain (collectively, “defendants”) violated plaintiffs’ First, Fourth, and Fourteenth Amendment rights, see 42 U.S.C. § 1983, and Title III of the Omnibus Crime Control and Sa... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472547/ | *657SUMMARY ORDER
Ihab Tartir appeals from a judgment of conviction in the United States District Court for the Southern District of New York (Lynch, /.). Tartir was convicted, after a jury trial, of two counts of conspiracy to commit marriage fraud, 8 U.S.C. § 1325(c), 18 U.S.C. § 371, and one count of aiding and abet... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472549/ | SUMMARY ORDER
Plaintiff-Appellant Carol O. Obot appeals from the October 18, 2006 judgment of the United States District Court for the Western District of New York (Arcara, J.) dismissing her complaint without prejudice. We assume the parties’ familiarity with the underlying facts and the procedural history of the eas... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472551/ | SUMMARY ORDER
Defendant Avile was convicted, following a guilty plea, of one count of conspiring to distribute heroin, see 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846; one count of distributing heroin, see id. § 841(a)(1), (b)(1)(A); and one count of carrying, brandishing, and possessing a firearm during and in relation to ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472612/ | OPINION
PER CURIAM.
Appellant Daniel L. Spuck, a pro se prisoner, appeals from the District Court’s order granting Defendants’ motions to dismiss. For the reasons set forth below, we will summarily affirm. See I.O.P. 10.6.
I.
On November 6, 2007, Spuck, who is incarcerated at the State Regional Correctional Facility at... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473391/ | SUMMARY ORDER
Petitioner Bing Xin Lin, a native and citizen of China, seeks review of a September 11, 2008 order of the BIA affirming the March 2, 2007 decision of Immigration Judge (“IJ”) Joanna Miller Bukszpan denying her application for asylum, withholding of removal, and relief under the Convention Against Torture... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473393/ | SUMMARY ORDER
Bhupendrakumar Ambalal Patel, a native and citizen of India, seeks review of the BIA’s order affirming Immigration Judge Sandy Horn’s (the “IJ”) decision, which denied Patel’s motion to reopen his removal proceedings. In re Bhupendra-*669kumar Patel, No. A73-604-399 (B.I.A. Nov. 29, 2006), aff'g No. A73-6... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473394/ | OPINION
PER CURIAM.
Frankie Thomas appeals pro se from an order of the United States District Court for the Middle District of Pennsylvania dismissing his petition for Writ of Audita Querela as an improper attempt to circumvent the prior authorization requirement for second or successive motions pursuant to 28 U.S.C. §... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472501/ | IKUTA, J.,
dissenting.
Although the ALJ made two factual errors in stating his reasons for discrediting the testimony of Kennedy and Dr. Bothamley (one of his treating physicians), our analysis cannot stop there; we must still determine “whether the ALJ’s decision remains legally valid, despite such error.” Carmickle v... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472503/ | MEMORANDUM **
Rita M. Hymes and Donald L. Hymes appeal pro se from the district court’s summary judgment in an action brought by the United States to reduce to judgment unpaid income taxes, penalties, and interest assessed against appellants and to foreclose tax liens against certain real property. We have jurisdiction... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472507/ | ON MOTION
PER CURIAM.
ORDER
Willie E. Turner responds to the court’s order directing him to show cause why his appeal should not be dismissed as untimely. The Secretary of Veterans Affairs moves to dismiss Turner’s appeals. Turner opposes.
The Board of Veterans’ Appeals denied Turner’s application to reopen claims fo... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472511/ | SUMMARY ORDER
Plaintiff-Appellant Dov Levine appeals from the entry of judgment after a jury trial in the United States District Court for the Southern District of New York (Fox, Mag. J.). Levine claims that Reader’s Digest Association, Inc. (“RDA”) is liable for discrimination and retaliation in violation of the Age D... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472513/ | SUMMARY ORDER
Yemisi Akinyemi, an American citizen of Nigerian origin, appeals from a judgment dismissing her employment discrimination complaint against her former employer, United States Customs and Border Protection (“CBP”), a component of the Department of Homeland Security, pursuant to a *607jury verdict. We assum... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472514/ | SUMMARY ORDER
Appellant George W. Drance, pro se, appeals the district court’s order denying his motion for reconsideration of the district court’s March 2007 order granting the defendants’ motion to dismiss and denying Drance’s cross-motion to amend his 42 U.S.C. §§ 1983 and 1985 complaint. We assume the parties’ fam... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472519/ | SUMMARY ORDER
Plaintiff-appellant Carol F.C. Paladino, a former letter carrier for the United States Postal Service (“USPS”), appeals the December 3, 2007 judgment of the United States District Court of the Eastern District of New York (Bianco, J.), granting summary judgment to defendant-appellee, John E. Potter, Postm... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472521/ | SUMMARY ORDER
This appeal seeks review of the September 10, 2008, order of the District Court for the Southern District of New York (Shirley Wohl Kram, District Judge), prohibiting disclosure of documents that Defendant-Appellee National Association of Securities Dealers (“NASD”) turned over to Plaintiff-Appellant Stan... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472523/ | SUMMARY ORDER
Plaintiff Panther Partners Inc. and all others similarly situated (“Panther Partners”) appeals from the March 8, 2008, 538 F.Supp.2d 662, and June 12, 2008, 2008 WL 2414047, orders of the District Court dismissing plaintiffs amended complaint with prejudice, denying leave to amend the complaint, and denyi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472524/ | SUMMARY ORDER
Defendants-appellants-eross-appellees Certain Underwriters at Lloyd’s London and London Market Insurance Companies (collectively “defendants” or “LMI”) appeal from the judgment of September 8, 2008 and from the order of September 25, 2008 denying LMI’s motion for judgment as a matter of law or for a new t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472528/ | SUMMARY ORDER
Appellants Clarke et al. appeal from judgments by the United States District Court for the Southern District of New York (Lynch, J.), after a jury verdict, dismissing the complaint and denying judgment as a matter of law. We assume the parties’ familiarity with the underlying facts, the procedural histor... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472530/ | SUMMARY ORDER
Defendant Stanford Frederick Brown was convicted, after a jury trial, of one count of making a false statement for the purpose of influencing an insured state-chartered credit union, see 18 U.S.C. § 1014, and one count of aggravated identity theft, see id. § 1028A. Sentenced principally to 32 months’ inca... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472536/ | SUMMARY ORDER
Petitioner Quang Li, a native and citizen of the People’s Republic of China, seeks review of: (1) the October 25, 2007 order of the BIA denying his third motion to reopen; and (2) the July 24, 2008 order of the BIA denying his fourth motion to reopen. In re Quang Li, No. A072 365 958 (B.I.A. Oct. 25, 200... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472540/ | SUMMARY ORDER
Defendants-appellants Michael and Alex Mitselmakher (collectively “the Mitselmakhers”) appeal from a memorandum decision and order of the United States District Court for the Eastern District of New York (Cogan, J.) dated November 20, 2008, 2008 WL 5068609, denying their motion for attorneys’ fees and exp... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472542/ | SUMMARY ORDER
Plaintiffs, police officers in the Town of Harrison, New York (the “Town”), allege that the Town, its police chief, and a police captain (collectively, “defendants”) violated plaintiffs’ First, Fourth, and Fourteenth Amendment rights, see 42 U.S.C. § 1983, and Title III of the Omnibus Crime Control and Sa... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472544/ | *655SUMMARY ORDER
Ariel Friedlander appeals from a judgment of the United States District Court for the Eastern District of New York (Spatt, J.). The district court dismissed Friedlander’s claims against Port Jewish Center (“the Temple”) arising from the Temple’s termination of her as its rabbi. Citing the “ministerial... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472546/ | *657SUMMARY ORDER
Ihab Tartir appeals from a judgment of conviction in the United States District Court for the Southern District of New York (Lynch, /.). Tartir was convicted, after a jury trial, of two counts of conspiracy to commit marriage fraud, 8 U.S.C. § 1325(c), 18 U.S.C. § 371, and one count of aiding and abet... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472550/ | SUMMARY ORDER
Defendant Avile was convicted, following a guilty plea, of one count of conspiring to distribute heroin, see 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846; one count of distributing heroin, see id. § 841(a)(1), (b)(1)(A); and one count of carrying, brandishing, and possessing a firearm during and in relation to ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473395/ | OPINION
PER CURIAM.
Frankie Thomas appeals pro se from an order of the United States District Court for the Middle District of Pennsylvania dismissing his petition for Writ of Audita Querela as an improper attempt to circumvent the prior authorization requirement for second or successive motions pursuant to 28 U.S.C. §... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473399/ | OPINION
PER CURIAM.
David Webb, proceeding pro se, appeals the order of the United States District Court for the Eastern District of Pennsylvania dismissing his personal injuiy action as frivolous. We will dismiss the appeal pursuant to 28 U.S.C. § 1915(e)(2)(B).
In June 2009, Webb initiated this diversity action again... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472552/ | SUMMARY ORDER
Plaintiff-Appellant Luis M. Roman appeals from a judgment of the United States District Court for the Northern *663District of New York (Sharpe, J.). The district court dismissed Roman’s complaint against officials at Bare Hill Correctional Facility, where Roman is incarcerated, alleging due process, Eig... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472554/ | SUMMARY ORDER
Appellant Ajai Bhatia, pro se, appeals the district court’s grant of the Appellees’ motion to dismiss his complaint raising claims under 42 U.S.C. §§ 1983 and 1985 and alleging various state law violations arising from the Appellees’ involvement in state child custody and criminal investigations and proc... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472556/ | SUMMARY ORDER
Plaintiffs-Appellants appeal from a judgment of the district court (Chin, J.), entered March 24, 2008, granting defendants’ motion to dismiss the Consolidated Amended Complaint (“Complaint”) for failure to state a claim.
We review the district court’s dismissal of a complaint for failure to state a claim ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472558/ | SUMMARY ORDER
Appellant Raymond Wright, pro se, appeals the district court’s dismissal of his complaint for failure to state a cause of action. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.
We review the district court’s sua sponte dismissal... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472564/ | SUMMARY ORDER
Defendant-appellant Jack O’Connor appeals from an opinion and order of the United States District Court for the District of Vermont (Sessions, J.) dated August 7, 2008, granting plaintiff-appellee Rico Diamond’s motion for judgment as a matter of law regarding his Fourth Amendment claim and awarding him n... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472566/ | SUMMARY ORDER
Appellant Total Communications Inc. (“Total”) appeals from decisions of the United States District Court for the District of Connecticut (Bryant, /.), entering judgment in favor of Appellee Sharon Hubbard on a jury verdict and denying Appellant’s judgment as a matter of law under Federal Rule of Civil Pr... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472568/ | SUMMARY ORDER
Petitioner Sania Mathakutha, a native and citizen of South Africa, seeks review of *683the November 2, 2007 order of the BIA, which affirmed the March 21, 2006 decision of Immigration Judge (“IJ”) Michael W. Straus denying her request for a continuance, but granting voluntary departure. In re Sania Mathak... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472570/ | SUMMARY ORDER
Petitioner Xiaoehen Vass, a native and citizen of the People’s Republic of China, seeks review of the July 7, 2004 order of the BIA, which affirmed the April 11, 2003 decision of Immigration Judge (“IJ”) Douglas B. Schoppert denying her request for an indefinite continuance of her removal proceedings. In ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472572/ | SUMMARY ORDER
Plaintiff-appellant Annie Ludwig appeals from a judgment of the United States District Court for the Western District of New York (Larimer, J.) dated May 6, 2008, granting defendants-appellees’ motion for summary judgment and dismissing the amended complaint with prejudice. We assume the parties’ familiar... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472574/ | SUMMARY ORDER
Defendant Hyang Ran Kim appeals from a judgment of conviction in the United States District Court for the Southern District of New York (Hellerstein, J.), following a jury verdict finding Kim guilty of (1) conspiracy to transport women in interstate commerce for the purpose of prostitution, in violation o... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472553/ | SUMMARY ORDER
Plaintiff-Appellant Luis M. Roman appeals from a judgment of the United States District Court for the Northern *663District of New York (Sharpe, J.). The district court dismissed Roman’s complaint against officials at Bare Hill Correctional Facility, where Roman is incarcerated, alleging due process, Eig... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472555/ | SUMMARY ORDER
Appellant Ajai Bhatia, pro se, appeals the district court’s grant of the Appellees’ motion to dismiss his complaint raising claims under 42 U.S.C. §§ 1983 and 1985 and alleging various state law violations arising from the Appellees’ involvement in state child custody and criminal investigations and proc... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472557/ | SUMMARY ORDER
Plaintiffs-Appellants appeal from a judgment of the district court (Chin, J.), entered March 24, 2008, granting defendants’ motion to dismiss the Consolidated Amended Complaint (“Complaint”) for failure to state a claim.
We review the district court’s dismissal of a complaint for failure to state a claim ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472559/ | SUMMARY ORDER
Appellant Raymond Wright, pro se, appeals the district court’s dismissal of his complaint for failure to state a cause of action. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.
We review the district court’s sua sponte dismissal... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472561/ | SUMMARY ORDER
Defendant-Appellant Asia Pulp & Paper Co. (“APP”) and its three co-defendant Indonesian operating companies (“PIOCs,” for “Principal Indonesian Operating Companies”) appeal from a February 6, 2008, 2008 WL 465169, order and May 28, 2008 judgment of the United States District Court for the Southern Distric... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472567/ | SUMMARY ORDER
Appellant Total Communications Inc. (“Total”) appeals from decisions of the United States District Court for the District of Connecticut (Bryant, /.), entering judgment in favor of Appellee Sharon Hubbard on a jury verdict and denying Appellant’s judgment as a matter of law under Federal Rule of Civil Pr... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472571/ | SUMMARY ORDER
Petitioner Xiaoehen Vass, a native and citizen of the People’s Republic of China, seeks review of the July 7, 2004 order of the BIA, which affirmed the April 11, 2003 decision of Immigration Judge (“IJ”) Douglas B. Schoppert denying her request for an indefinite continuance of her removal proceedings. In ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472573/ | SUMMARY ORDER
Plaintiff-appellant Annie Ludwig appeals from a judgment of the United States District Court for the Western District of New York (Larimer, J.) dated May 6, 2008, granting defendants-appellees’ motion for summary judgment and dismissing the amended complaint with prejudice. We assume the parties’ familiar... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472575/ | SUMMARY ORDER
Defendant Hyang Ran Kim appeals from a judgment of conviction in the United States District Court for the Southern District of New York (Hellerstein, J.), following a jury verdict finding Kim guilty of (1) conspiracy to transport women in interstate commerce for the purpose of prostitution, in violation o... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472584/ | SUMMARY ORDER
Pro se appellant William S. Gabryluk, a white male, appeals the dismissal of his claims under Title VII, 42 U.S.C. § 2000e-16, and the Fifth Amendment, for employment discrimination based on his race and gender. We review de novo the dismissal of a complaint pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6),... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472586/ | SUMMARY ORDER
Plaintiffs-Appellants John Leslie Hales and Peter Gruner appeal from a judgment of the district court (Jones, J.), entered July 9, 2008, granting defendant’s motion for partial summary judgment and dismissing (1) Hales’ claim for violation of Article 9 of the New York Uniform Commercial Code (“U.C.C.”); (... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472588/ | SUMMARY ORDER
Restituto Embuscado appeals the dismissal of his two complaints pursuant to Fed.R.Civ.P. 37(b) and (d) for failure to comply with the district court’s discovery orders. We assume the parties’ familiarity with the facts and the record of prior proceedings, which we reference only as necessary to explain ou... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472591/ | SUMMARY ORDER
Vance Jackson was convicted in the Eastern District of New York in 2004 of being a felon in possession of a firearm, see 18 U.S.C. §§ 922(g)(1), 924(a)(2), and sentenced to 40 months’ incarceration followed by 3 years’ supervised release. On this appeal, he challenges the revocation of his supervised rele... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472597/ | SUMMARY ORDER
Petitioner Miguel Devison, a native of the Dominican Republic proceeding pro se, seeks review of the August 6, 2008, 2008 WL 4065954, order of the BIA dismissing his appeal of an Immigration Judge (“IJ”) order of removal. Devison argues that he is a derivative citizen of the United States and that the Go... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472599/ | *711
SUMMARY ORDER
Appellant Troy Williams appeals from a judgment of the District Court (Ross, J.) convicting him pursuant to a guilty plea of possession with intent to distribute and distribution of fifty grams or more of cocaine base (“crack”) in violation of 21 U.S.C. §§ 841(a)(1) and (b)(l)(A)(iii), and sentencin... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472601/ | SUMMARY ORDER
Plaintiffs-Appellants, various creditors of Le Nature’s, Inc. (“Le Nature’s”), challenge the August 28, 2008 decision of the district court (Chin, J.), dismissing their RICO claims against Defendants-Appel-lees as unripe. We assume the parties’ familiarity with the facts, procedural history, and issues on... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472603/ | SUMMARY ORDER
Plaintiffs, on behalf of themselves and a putative class of Iraqi citizens who were among the intended beneficiaries of the United Nations Oil-for-Food Programme (“OFFP”), sued defendants under federal and state law for conspiring with the regime of Saddam Hussein to siphon money from the OFFP, thereby en... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472607/ | OPINION
PER CURIAM.
Michael J. Ascenzi, proceeding pro se, appeals from the District Court’s denial of his motion requesting leave to file a certificate of appealability nunc pro tunc. For the reasons that follow, we will dismiss the appeal pursuant to 28 U.S.C. § 1915(e)(2)(B).
Ascenzi initiated a civil rights action ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472609/ | OPINION
PER CURIAM.
After his arrest and subsequent conviction for armed robbery and aggravated assault, Ian D. Lemons sued the Atlantic City Police Department (“Department”) and police officers Joseph Rauch and James Herberto pursuant to 42 U.S.C. § 1983 for four million dollars. He claimed that the Department had an ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472585/ | SUMMARY ORDER
Pro se appellant William S. Gabryluk, a white male, appeals the dismissal of his claims under Title VII, 42 U.S.C. § 2000e-16, and the Fifth Amendment, for employment discrimination based on his race and gender. We review de novo the dismissal of a complaint pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6),... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472589/ | SUMMARY ORDER
Restituto Embuscado appeals the dismissal of his two complaints pursuant to Fed.R.Civ.P. 37(b) and (d) for failure to comply with the district court’s discovery orders. We assume the parties’ familiarity with the facts and the record of prior proceedings, which we reference only as necessary to explain ou... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472590/ | SUMMARY ORDER
Vance Jackson was convicted in the Eastern District of New York in 2004 of being a felon in possession of a firearm, see 18 U.S.C. §§ 922(g)(1), 924(a)(2), and sentenced to 40 months’ incarceration followed by 3 years’ supervised release. On this appeal, he challenges the revocation of his supervised rele... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472592/ | SUMMARY ORDER
Defendant Ronald Washington appeals from his conviction in the United States District Court for the Eastern District of New York (Gershon, J.) for (1) six counts of robbery in violation of the Hobbs Act, 18 U.S.C. § 1951; and (2) one count of conspiracy to violate the Hobbs Act, 18 U.S.C. § 1951. We assum... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472596/ | SUMMARY ORDER
Petitioner Miguel Devison, a native of the Dominican Republic proceeding pro se, seeks review of the August 6, 2008, 2008 WL 4065954, order of the BIA dismissing his appeal of an Immigration Judge (“IJ”) order of removal. Devison argues that he is a derivative citizen of the United States and that the Go... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472598/ | *711
SUMMARY ORDER
Appellant Troy Williams appeals from a judgment of the District Court (Ross, J.) convicting him pursuant to a guilty plea of possession with intent to distribute and distribution of fifty grams or more of cocaine base (“crack”) in violation of 21 U.S.C. §§ 841(a)(1) and (b)(l)(A)(iii), and sentencin... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472600/ | SUMMARY ORDER
Plaintiffs-Appellants, various creditors of Le Nature’s, Inc. (“Le Nature’s”), challenge the August 28, 2008 decision of the district court (Chin, J.), dismissing their RICO claims against Defendants-Appel-lees as unripe. We assume the parties’ familiarity with the facts, procedural history, and issues on... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472602/ | SUMMARY ORDER
Plaintiffs, on behalf of themselves and a putative class of Iraqi citizens who were among the intended beneficiaries of the United Nations Oil-for-Food Programme (“OFFP”), sued defendants under federal and state law for conspiring with the regime of Saddam Hussein to siphon money from the OFFP, thereby en... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472606/ | OPINION
PER CURIAM.
Michael J. Ascenzi, proceeding pro se, appeals from the District Court’s denial of his motion requesting leave to file a certificate of appealability nunc pro tunc. For the reasons that follow, we will dismiss the appeal pursuant to 28 U.S.C. § 1915(e)(2)(B).
Ascenzi initiated a civil rights action ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472608/ | OPINION
PER CURIAM.
After his arrest and subsequent conviction for armed robbery and aggravated assault, Ian D. Lemons sued the Atlantic City Police Department (“Department”) and police officers Joseph Rauch and James Herberto pursuant to 42 U.S.C. § 1983 for four million dollars. He claimed that the Department had an ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472614/ | OPINION
PER CURIAM.
Siddiq A. Aleem-x, a pro se prisoner, filed this action under 42 U.S.C. § 1983 in the United States District Court for the District of Delaware claiming that defendant Edward Wescott, a corrections officer, violated his constitutional rights by making abusive and harassing statements and gestures to... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472618/ | OPINION
PER CURIAM.
Juan J. Wood, Jr. petitions for review of an order of the final administrative order of the Department of Homeland Security, Immigration and Customs Enforcement, ordering him removed to Panama. For the reasons that follow, we will deny the petition.
In 1993, Wood was convicted of conspiracy to manuf... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472624/ | OPINION
PER CURIAM.
Mahmoud Gharib Mahmoud Shabayek, a citizen of Egypt, entered the United States as a visitor in 2006. After he overstayed his visa, the Government charged him with *740removability in March 2007. He appeared before an Immigration Judge (“IJ”) and requested voluntary departure, which the IJ granted on... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472626/ | OPINION
PER CURIAM.
Nathaniel Lawson, proceeding pro se, appeals the District Court’s orders dismissing his case and denying his motion for reconsideration, respectively. Because the appeal does not present a substantial question, we will summarily affirm the District Court’s orders. See 3d Cir. LAR 27.4; 3d Cir. I.O.P... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472629/ | OPINION
PER CURIAM.
I.
Appellant Glenn Worley is the subject of an ongoing investigation by the Internal Revenue Service (“the Government”) into “the collection of income tax liabilities *745(Forms 1040) ... for the calendar years(s) ended: December 31, 2004, and December 31, 2005.” As part of the investigation, the Go... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472634/ | OPINION OF THE COURT
SCIRICA, Chief Judge.
Charles Steele and Toni Meadows entered into an agreement of sale under which Meadows would purchase real property from Steele. Meadows terminated the agreement, then brought suit in the Montgomery County Court of Common Pleas on August 25, 2006, to recover her $10,000 escrow ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472636/ | *758OPINION OF THE COURT
SCIRICA, Chief Judge.
In June 2006, plaintiff Robert Connolly was fired from his position with defendant Bottling Group, LLC d/b/a The Pepsi Bottling Group (“PBG”). He was 52 years old at the time. Plaintiff brought suit under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 — ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472640/ | OPINION OF THE COURT
RENDELL, Circuit Judge.
Anton Suharso and his wife, Yunita Wulansari, petition for review of an order of the Board of Immigration Appeals (“BIA”) denying their application for asylum and withholding of removal. The facts in this case reflect a familiar pattern: Christian Indonesians of Chinese desc... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472642/ | OPINION
WEIS, Circuit Judge.
Defendant pleaded guilty to possession with intent to distribute cocaine and cocaine base in violation of 21 U.S.C. § 841(a). In determining the applicable sentencing guideline, the District Court found that defendant had distributed cocaine base in excess of 4.5 kilograms. Although the pr... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472644/ | OPINION OF THE COURT
FISHER, Circuit Judge.
Joseph M. Lutz and Cindy Lutz (the “Lutzes”) appeal from an order of the District Court granting a motion to dismiss filed by Philips Electric North America (“Philips”) and Metlife for failure to comply with the applicable statute of limitations. We will affirm.
I.
We write e... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472646/ | OPINION OF THE COURT
FISHER, Circuit Judge.
Kaleel Wilson appeals from the District Court’s conviction by a jury and sentence, arguing that the District Court (1) abused its discretion in refusing to give an accomplice witness jury instruction requested by the defendant and (2) committed plain error in imposing a five-... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472648/ | OPINION OF THE COURT
FISHER, Circuit Judge.
A jury convicted Nafice Fields of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He was sentenced to 84 months of imprisonment, followed by three years of supervised release. Fields raises two issues on appeal. First, he argues that the Distri... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472650/ | OPINION OF THE COURT
FISHER, Circuit Judge.
Anthony Bizzell appeals from his conviction and sentence for one count of possessing a firearm as a convicted felon in violation of 18 U.S.C. § 922(g)(1). Bizzell argues that the District Court committed reversible error when it refused to suppress an inculpatory statement Bi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472654/ | OPINION
PER CURIAM.
Pro se petitioner Marina Karakozova filed a civil rights lawsuit in the United States District Court for the Western District of Pennsylvania alleging that she was the victim of employment discrimination. She now seeks a writ of mandamus to compel the Defendant in that lawsuit to comply with certain... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472656/ | OPINION
SMITH, Circuit Judge.
Jose Arroyo appeals from the decision of the United States District Court for the Eastern District of Pennsylvania, which affirmed the final decision of the Commissioner of Social Security denying his claim for disability benefits under Title II of the Social Security Act. The District Cou... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472658/ | *806OPINION
PER CURIAM.
Herman St. Claver Burrell petitions for review of an order of the Board of Immigration Appeals (BIA), which dismissed his appeal of an Immigration Judge’s (IJ’s) final removal order. We will deny the petition for review.
I.
Burrell is a native and citizen of Jamaica.1 He entered the United State... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472662/ | OPINION
BARRY, Circuit Judge.
Appellants Stacey and Marjorie Smith, as assignees of James Sprecher, challenge the District Court’s grant of summary judgment to appellee Continental Casualty Company. The Smiths claim that Continental wrongly denied Sprecher coverage and a defense pursuant to the terms of an insurance po... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472664/ | OPINION
PER CURIAM.
Julia Indriati, a native and citizen of Indonesia, petitions for review of an order of the Board of Immigration Appeals (BIA). We will deny the petition for review.
Indriati is Chinese and Catholic. Her home in Indonesia was attacked in 1974 when she was 18 years old. She did not see the attackers, ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472666/ | OPINION
BARRY, Circuit Judge.
Plaintiff Municipal Revenue Services, Inc. (“MRS”), a Pennsylvania corporation that facilitates the purchase of delinquent municipal tax liens, appeals from the District Court’s grant of summary judgment in favor of Defendants John McBlain and Aldan Borough in this 42 U.S.C. § 1983 action.... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472668/ | OPINION
McKEE, Circuit Judge.
Dwight A. Penberth appeals the district court’s order1 granting the defendants’ motion for summary judgment on his 42 U.S.C. § 1983 claims. Penberth alleged that the Borough of Lansford and its May- or and Chief of Police, violated his rights under the First and Fourth Amendments to the Co... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472672/ | OPINION
AMBRO, Circuit Judge.
John Anthony Gonzalez, Jr.,1 appeals the order of the District Court denying his motion to suppress physical evidence. He claims the Court erred by refusing to suppress evidence in light of two alleged deficiencies in the affidavit supporting the search warrant: (1) a lack of sufficient st... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472678/ | OPINION
PER CURIAM.
Philip Johnson sued the City of New York, agencies of the City of New York, including the New York Administration for Children’s Services (“ACS”), and ACS case workers. He brought claims under 42 U.S.C. §§ 1983, 1985(3), and 1986, alleging that the defendants violated his rights when ACS conducted e... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472680/ | OPINION
SLOVITER, Circuit Judge.
Appellant Rodrigo Sanchez-Gonzalez (“Gonzalez”) was convicted of one count of conspiracy to distribute cocaine and one count of distributing or aiding and abetting the distribution of cocaine in violation of 21 U.S.C. §§ 846, 841 and 18 U.S.C. § 2, respectively. The District Court vaca... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472684/ | OPINION OF THE COURT
PER CURIAM.
Huo Xing Huang petitions for review of an order of the Board of Immigration Appeals (BIA), which dismissed his appeal from an Immigration Judge’s (IJ’s) final *858removal order. We will deny the petition for review.
I.
Huang is a native and citizen of China. He entered the United States... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472686/ | OPINION
PER CURIAM.
John McCauley petitions for review of an order of the Office of the Chief Administrative Hearing Officer (“OCAHO”) entering summary judgment against him on his claims of citizenship-status discrimination under 8 U.S.C. § 1324b. We will deny his petition.
I.
Tate & Kirlin Associates, Inc. (“Tate & Ki... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472688/ | OPINION
PER CURIAM.
Mindy Zied seeks review of the District Court’s order remanding her case to the Administrative Law Judge for further development of the record. For the following reasons, we will affirm.
In 1995, Mindy Zied filed for an application for Social Security disability insurance benefits (“SSDI”) and suppl... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472694/ | OPINION
PER CURIAM.
Rinaldo Diehl, proceeding pro se, appeals an order of the United States District Court for the District of New Jersey denying his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2). We will affirm.
In October 2001, Diehl pleaded guilty to possession with intent to distribute more than 5 gram... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472696/ | OPINION
PER CURIAM.
Appellant Tosin Adegbuji, proceeding pro se, filed a civil rights lawsuit against various corrections and medical defendants affiliated with the Middlesex County Adult Correctional Center (“MCACC”) in April 2003. The complaint was based on events occurring at MCACC while Appellant was being held the... | 01-04-2023 | 11-05-2022 |
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