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4,303,120 | OPINION REGARDING DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS GORDON J. QUIST, District Judge. Plaintiff, Charlie Beamon, proceeding pro se, filed a Complaint against Defendants on April 25, 2012, in the 57th District Court of Alegan County, Michigan. Defendants removed the case to this Court on May 8, 2012, alleg... | |
4,304,609 | MEMORANDUM OPINION AND ORDER ROBERT M. DOW, JR., District Judge. Defendants investigated and prosecuted Plaintiffs for allegedly abusing their positions at the State’s Attorney’s Office in McHenry County, Illinois. Once Plaintiffs defeated the charges against them— through voluntary dismissal and acquittal at trial — t... | |
4,249,261 | OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT GERALD E. ROSEN, Chief Judge. I. INTRODUCTION Plaintiff Tegra Hall commenced this suit in a Michigan court on January 14, 2009, filing what Defendants have aptly termed a “kitchen sink” complaint against her former employer, Defendant Sky Chefs, Inc., a... | |
4,303,955 | OPINION and ORDER JOHN A. GORMAN, United States Magistrate Judge. Now before the Court is the Defendant’s Motion for Summary Judgment (# 43). The motion is fully briefed and I have carefully considered the arguments and evidence presented by the parties. As explained herein, the motion is granted. I. SUMMARY JUDGMENT G... | |
4,303,365 | ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS KAREN E. SCHREIER, District Judge. Defendant, Delta Air Lines, Inc., moves the court to dismiss Mark Benedetto’s complaint in its entirety. Docket 11. Benedetto alleges claims for negligence, breach of contract, breach of a duty of good faith and ... | |
4,304,252 | MEMORANDUM OPINION JAMES C. CACHERIS, District Judge. This matter is before the Court on the “Motion to Dismiss and Motion for Summary Judgment” (the “Motion to Dismiss and for Summary Judgment”) [Dkts. 8, 13] by Defendants Patrick R. Donahoe, Postmaster General, United States Postal Service; Dr. Francis Collins, Direc... | |
4,303,344 | MEMORANDUM OF DECISION GRANTING IN PART AND DENYING IN PART DEFENDANTS’ [DKT. #31] MOTION TO DISMISS VANESSA L. BRYANT, District Judge. The Defendants, Lebanon Board of Education, (the “Board”) and the Superintended of the Board, Janet Tyler (“Tyler”), have moved to dismiss the Plaintiff Malcom Leichter, Jr. (“Leichter... | |
4,304,645 | MEMORANDUM AND ORDER JULIE A. ROBINSON, District Judge. Plaintiff American Civil Liberties Union of Kansas and Western Missouri brought this action pursuant to 42 U.S.C. § 1983 for redress of alleged violations of its members’ constitutional rights by Defendant Sally Praeger’s enforcement of Kansas House Bill 2075, cod... | |
4,304,097 | OPINION AND ORDER CARMAN, Judge: Before the Court is a motion to dismiss filed by Defendant Tenacious Holdings, Inc. (“Tenacious”), formerly known as Ergodyne Corporation (“Ergodyne”). Tenacious asks the Court to dismiss the case pursuant to USCIT Rule 12(b)(5) for failure to state a claim upon which relief can be gran... | |
4,249,149 | MEMORANDUM OPINION AND ORDER JEFFREY COLE, United States Magistrate Judge. The plaintiff, Hach Company (“Hach”), seeks to hold the defendants, John Ichiro Takayama and Hakuto Co., Ltd. (“Hakuto Japan”), liable for their claimed breach of an indemnification agreement that Hakuto Japan’s purported alter ego, Hakuto Ameri... | |
4,248,985 | ORDER GRANTING MOTIONS TO DISMISS WITHOUT PREJUDICE JAMES LAWRENCE KING, Senior District Judge. THIS CAUSE comes before the Court upon three Motions to Dismiss the Amended Complaint filed by ten defendants. Defendants Costa Rican Land & Development, Inc., Judith Gale, LTS Management, Inc., Julian Siegel, Lisa Tashman, ... | |
4,250,332 | ORDER GRANTING IN PART AND DENYING WITHOUT PREJUDICE IN PART DEFENDANT’S MOTION TO DISMISS ROYAL FURGESON, Senior District Judge. BEFORE THE COURT is Defendant Hi-Line Electric Company’s (“Hi-Line”) Motion to Dismiss Claims for Individual Relief (Docket No. 44), filed March 29, 2011. Plaintiff Equal Employment Opportun... | |
4,304,990 | OPINION & ORDER HERNANDEZ, District Judge. Plaintiffs DG Cogen Partners, LLC (“DG Cogen”) and 1211658 Alberta LTD (“Alberta”) bring this legal malpractice action against defendants Lane Powell PC and Jonathan Norling, one of its former attorneys. Defendants move for partial summary judgment, making seven separate argum... | |
4,304,131 | MEMORANDUM OPINION DONALD C. NUGENT, District Judge. This case is before the Court on remand from the Sixth Circuit Court of Appeals. The Sixth Circuit reviewed the Court’s denial of an extension of an amended consent decree that included race-based hiring quotas as a remedy for past discrimination by the City of Cleve... | |
4,304,627 | MEMORANDUM OPINION AND ORDER ROBERT M. DOW, JR., District Judge. Following a jury trial, Melvin Newman was found guilty of fatally shooting Andy Dent in July 2001 and sentenced to a 47-year prison term. After launching an unsuccessful direct appeal of the verdict, Newman mounted a similarly unsuccessful collateral atta... | |
4,303,570 | MEMORANDUM OF DECISION AND ORDER SPATT, District Judge. This action was commenced by the Plaintiff Patricia Dillon, M.D., M.P.H. (“Dr. Dillon” or “the Plaintiff’) seeking compensatory damages, punitive damages, equitable relief, and attorneys’ fees based on the Defendants (1) taking adverse employment actions against h... | |
4,304,688 | MEMORANDUM OPINION AND ORDER JOHN R. TUNHEIM, District Judge. Rockland Burks and Adrienne Lawrence (“plaintiffs”) bring this failure to warn action against Abbott Laboratories (“Abbott”) and Mead Johnson & Company (“Mead”) individually and on behalf of their minor child, E.B. Plaintiffs allege that defendants’ powdered... | |
4,303,909 | OMNIBUS ORDER DENYING PLAINTIFF’S MOTION TO SUPPLEMENT THE ADMINISTRATIVE RECORD; DENYING DEFENDANT’S MOTIONS TO STRIKE; GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT KENNETH L. RYSKAMP, District Judge. THIS CAUSE comes before the Court on parties’ cross motions f... | |
4,304,269 | ORDER JAMES S. MOODY, JR., District Judge. THIS CAUSE comes before the Court upon Plaintiffs Motion to Remand (Dkt. 7) and Defendant Margaret Ferris’ Response in opposition (Dkt. 15). The Court, having considered the motion, response, and being otherwise advised of the premises, concludes that the motion should be deni... | |
4,304,832 | OPINION AND ORDER JAMES L. GRAHAM, District Judge. This is an action under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq. Plaintiffs Rusby Adams, Jr., Leslie Schell, Daniel Stewart and Kevin Jones are former employees of the Metal Container Corporation (“MCC”), a subsidiary of d... | |
4,304,747 | OPINION & ORDER HAROLD BAER, JR., District Judge. The City of New York and Guadalupe Sarracino (“Sarracino”) (collectively “Defendants”) move to dismiss several claims in the Complaint charging violations of 42 U.S.C. § 1983 and New York state law for injuries arising out of a police search of Plaintiff George Gannon (... | |
4,303,264 | ORDER AND REASONS HELEN G. BERRIGAN, District Judge. This matter comes before the Court on a motion to dismiss pursuant to Rule 12(b)(6), or, alternatively, to strike pursuant to the Louisiana Anti-SLAPP statute, La. C.C.P. art. 971, filed by the defendant, Roger Goodell (“Goodell”). Having considered the record, the m... | |
4,303,283 | MEMORANDUM OPINION JAMES C. CACHERIS, District Judge. This matter is before the Court on Defendant Eugene Biagi’s Motion to Reconsider Meaning of “Willfulness’ Element of Campaign Finance Violations. [Dkt. 74.] For the following reasons, the Court will deny Defendant’s Motion. I. Background The basic facts of this case... | |
9,509,075 | OPINION AND ORDER MUKASEY, District Judge. The defendant, John Martonak, moves to bar further proceedings in this case, challenging the Court’s jurisdiction to sentence him following his plea of guilty in October 1991 to a one-count information charging him with bank fraud in violation of 18 U.S.C. § 1344 (1994). The b... | |
9,513,181 | AMENDED OPINION & ORDER PANNER, District Judge. I. BACKGROUND In this action, the Court declared the existence, nature, scope and priority of the reserved Indian water rights of the Kla-math Tribes, but left the quantification of those rights to the State of Oregon’s Kla-math Basin Adjudication (“KBA”). See, United Sta... | |
9,510,131 | MEMORANDUM OPINION CHASANOW, District Judge. This employment discrimination case is before the court after remand from the Fourth Circuit. The court’s original ruling that Defendants were not state actors for purposes of 42 U.S.C. § 1983 was vacated and the case was remanded for further proceedings. Defendants continue... | |
712,004 | Green, Judge, delivered the opinion of the court: The material facts in this case are not at all complicated. At the close of the World War the Government had on hand an enormous quantity of surplus military supplies in the form of canned goods which had been purchased for' the Army, including bacon, corned beef, and c... | |
9,508,669 | MEMORANDUM-DECISION and ORDER HURD, District Judge. I. INTRODUCTION Plaintiff Stephen B. Serow (“Serow” or “plaintiff’) commenced this action pursuant to the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12112 et seq. and the Labor Management Relations Act. Plaintiff alleges that the defendants, Redco Foods, Inc... | |
712,021 | SiNNOTT, Judge, delivered the opinion of the court: Plaintiff seeks to recover $7,325.70. The only question presented to the court for decision is the proper classification of the Sweet & Piper Horse & Mule Company, hereafter referred to as claimant, for excess-profits tax purposes, under sections 201, 210, or 209, of ... | |
9,509,767 | OPINION MOTZ, District Judge. Eleven plaintiffs have instituted this action against Giant Food, Inc. and several of its executives and managers, alleging employment discrimination. Nine of the plaintiffs have filed a motion for class certification. Although the propriety of class action treatment appeared doubtful on t... | |
9,510,588 | MEMORANDUM OPINION AND ORDER GOODWIN, District Judge. Now pending is defendant National Republican Congressional Committee’s motion for summary judgment. For reasons discussed herein, the motion is DENIED. I. Background This suit concerns statements allegedly implying that Harry Bell is a repeat sex offender and rapist... | |
658,744 | PER CURIAM: Defendant-Appellant Northlake Christian School (“NCS”) appeals the district court’s order enforcing an arbitration award against NCS obtained by its former employee, Plaintiff-Appellee Pamela Prescott. We affirm the district court’s enforcement order. I. FACTS AND PROCEEDINGS NCS’s appeal is the latest chap... | |
658,797 | PER CURIAM: Appealing the Judgment in a Criminal Case, Agustín Martinez-Garza raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate cr... | |
658,562 | PER CURIAM. Saiqing Chin petitions for review of the Board of Immigration Appeals’ order affirming the Immigration Judge’s (“IJ”) decision denying her petition for asylum and withholding of removal under the Immigration Nationality Act (“INA”) and the United Nations Convention Against Torture and Other Cruel, Inhumane,... | |
658,869 | ROGERS, Circuit Judge. The defendant-appellant, Bobby Bonee, appeals his conviction on charges of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). Specifically, Bonee argues that the government failed to prove that Bonee possessed, either actually or constructively, the firearms which forme... | |
658,833 | PER CURIAM: Mary Casto appeals the district court’s judgment revoking her supervised release and sentencing her to fourteen months in prison. On appeal, Casto argues the district court failed to fully consider her history and characteristics, and it abused its discretion by denying her motion for modification in lieu o... | |
659,196 | PER CURIAM: Following a jury trial, Olen Tyrone Smith was convicted of possession with intent to distribute phentermine, in violation of 21 U.S.C. § 841(a)(1) (2000), and interference with commerce by threats or violence, in violation of 18 U.S.C. § 1951(a) (2000). The district court sentenced Smith under the federal s... | |
9,508,511 | DECISION GOETTEL, District Judge. This is wrongful termination and employment discrimination action brought by plaintiff, Sherri Swihart, against her former employer, defendant Pactiv Corp., and against defendants Tenneco Packaging (formerly known as Tenneco Inc.), and Tenneco Automotive Inc. (formerly known as Tenneco... | |
659,922 | PER CURIAM. William Bernard Crews, a federal prisoner proceeding pro se, appeals the denial of his petition for writ of habeas corpus, 28 U.S.C. § 2241. He argues that the district court erred in finding that he had failed to show that 28 U.S.C. § 2255 was inadequate or ineffective for testing the legality of his deten... | |
659,794 | PER CURIAM: Appealing the Judgment in a Criminal Case, Felipe Martin Morales-Juarez raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separ... | |
659,801 | PER CURIAM: Willie Chester, federal prisoner No. 56341-080, appeals the district court’s denial of a 28 U.S.C. § 2241 petition challenging Chester’s 1992 Western District of Texas convictions and sentences as a career criminal for possession of a firearm by a felon and for making false statements in connection with the... | |
659,267 | MEMORANDUM Jose Luis Ramos-Rosales appeals his guilty-plea conviction and sentence for illegal re-entry 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), counsel for Ramos-Rosales has filed a brief stating there are no grounds for r... | |
659,264 | PER CURIAM: Lavelle Aultman, Jr., seeks to appeal the district court’s orders denying his motion to amend and denying relief on his petition filed under 28 U.S.C. § 2254 (2000). The orders are not appealable unless a circuit justice or judge issues a certifícate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certif... | |
659,713 | PER CURIAM: Calvin R. Mallory seeks to appeal the district court’s order denying relief on his motion filed under 28 U.S.C. § 2254 (2000). The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue abs... | |
658,506 | ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES PER CURIAM. This case is before the Court for consideration in light of United States v. Booker, — U.S. -, 125 S.Ct. 73, 8, 160 L.Ed.2d 621 (2005). We previously affirmed Defendant Jimmie Lee Byrd’s appeal, with a limited remand to correct a clerical error in the ju... | |
9,511,440 | MEMORANDUM OPINION HEYBURN, District Judge. After dismissal of all the criminal charges in this case, Defendant moved for attorney’s fees and costs pursuant to the Hyde Amendment, Pub.L. No. 105-119, 11 Stat. 2440, 2519 (1997) (reprinted in 18 U.S.C. § 3006A, historical and statutory notes) and the Equal Access to Just... | |
658,709 | PER CURIAM. William G. McLaughlin and Karen B. Cobb appeal their sentences, imposed following their guilty pleas to conspiracy to manufacture and posses with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(l)(B)(viii) and 846. We affirm their sentences. I. DISCUSSION A. Substantial ris... | |
659,566 | JUDGMENT PER CURIAM. This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: AFFIRMED. See Fed. Cir. R. 36 | |
659,584 | OPINION MOORE, Circuit Judge. Defendant-Appellant George Washington Penson, III (“Penson”) challenges the validity of his conviction and sentence for three bank robberies. Penson contends that he should receive a new trial based on several allegedly erroneous evidentiary rulings by the district judge. Additionally, Pen... | |
659,693 | MEMORANDUM Meirong Hao, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) denial of her applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C.... | |
160,913 | MEMORANDUM AND ORDER MILLER, District Judge. This cause comes before the court on the motion of defendant United States of America, pursuant to Federal Rule of Civil Procedure 12(b)(1), to dismiss plaintiff Judith Lop-er’s loss of consortium claim for failure to file the appropriate administrative claim as required by ... | |
659,667 | PER CURIAM: Appealing the Judgment in a Criminal Case, Alfredo Diaz-De Leon raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate crim... | |
660,002 | PER CURIAM. Willadeur Alphonse, a federal prisoner, seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and dismissing Alphonse’s motion filed pursuant to Fed.R.Crim.P. 35(b)(2), which the court construed as a successive motion under 28 U.S.C. § 2255 (2000), and concluded tha... | |
659,789 | PER CURIAM. Adrian Morin was indicted and convicted by a jury of possession with intent to deliver a controlled substance in violation of 21 U.S.C. § 841(a)(1) and possession of firearms in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1)(A). Morin challenges his sentence of 123 months’ imp... | |
659,946 | ORDER AND JUDGMENT JOHN C. PORFILIO, Circuit Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without o... | |
659,178 | PER CURIAM: Bartholomess Robichaux, Louisiana prisoner #91571, challenges the district court’s denial of his application to proceed in forma pauperis (IFP) on appeal following the district court’s denial of his motion for summary judgment, grant of summary judgment to the defendants, and dismissal of his 42 U.S.C. § 19... | |
658,776 | PER CURIAM: Appealing the Judgment in a Criminal Case, Bernardo Araujo-Cantu raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate cri... | |
658,659 | MEMORANDUM Thomas Lee Morris appeals the district court’s grant of summary judgment in favor of defendant, Judge Winona Tanner, and defendant-intervenor, United States. For the past six years, Morris has had criminal speeding charges pending against him in the tribal court of the Confederated Salish and Kootenai Tribes... | |
659,973 | PER CURIAM: Appealing the Judgment in a Criminal Case, Tomas Vega Ortiz raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal... | |
659,200 | ORDER HENRY, Circuit Judge. Noah Q. Hill, an Oklahoma state prisoner proceeding pro se, seeks a certificate of appealability (“COA”) to appeal the district court’s decision dismissing as untimely his 28 U.S.C. § 2254 petition for a writ of habeas corpus. He also seeks leave to proceed in forma pauperis (“IFP”). We deny... | |
659,344 | ON PETITION FOR REHEARING PER CURIAM. Our opinion in this case issued on June 7, 2005. In this petition for panel rehearing, Tom James Company requests that we rehear its cross appeal with respect to the narrow issue of disgorgement of Walter Louie Morgan, Jr.’s profits. The petition for panel rehearing is GRANTED. We ... | |
659,964 | MEMORANDUM The Supreme Court vacated our judgment entered October 26, 2004, and remanded for further consideration in light of United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Olea-Pino’s Sixth Amendment challenge to his sentencing enhancement, based on a prior aggravated felony, remains forecl... | |
659,957 | ORDER Before the Court is defendant-appellant John D. Ohlinger’s petition for rehearing. Pursuant to a written plea agreement, on March 30, 2003, Ohlinger pled guilty to transporting in interstate commerce a visual depiction of a minor engaged in sexually explicit conduct, in violation of 18 U.S.C. § 2252(a)(1). His of... | |
659,951 | PER CURIAM: We affirm the judgment in this case on the basis of the thorough and well-reasoned discussion of the issues in the January 28, 2004 Report and Recommendation of United States Magistrate Judge Gerrilyn Brill, as adopted and supplemented by the July 29, 2004 order of United States District Court Judge Richard... | |
659,404 | MEMORANDUM Appellants Studio 2000 USA Inc. (“Studio”) and Studio’s bankruptcy counsel, Albert Kun, appeal the Bankruptcy Appellate Panel’s (“BAP”) decisions affirming the bankruptcy court, which dismissed Studio’s Chapter 11 case and imposed sanctions on Kun. We have jurisdiction pursuant to 28 U.S.C. § 158(d). After a... | |
659,581 | PER CURIAM: Sergio Alcantar-Saldana, also known as Carlos Morales-Saldana, pleaded guilty to reentry after deportation in violation of 8 U.S.C. §§ 1326(a) and (b) and was sentenced to 27 months of imprisonment and three years of supervised release. He appeals his conviction and sentence. For the first time on appeal, A... | |
659,682 | PER CURIAM: Eduardo Efrain Chavez appeals his guilty-plea conviction and sentence for pos session of more than 1,000 kilograms of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a) and (b)(1)(A). He argues that the sentencing provisions of 21 U.S.C. § 841(b) are unconstitutional in light of Apprend... | |
659,966 | SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and it hereby is REMANDED with instructions to vacate the sentence and resentence in conformity with Booker. Defendant Sayed Abdul Malike, appeals from a judgment of the United States District ... | |
115,252 | PER CURIAM. The appeal pending from the filing of notice of appeal to the District Court’s order denying appellant’s motion to vacate sentence under 28 U.S.C.A. § 2255 is permitted to be docketed without payment of fee. The Memorandum and Order of the District Court fully disposes of appellant’s contentions and clearly... | |
6,135,648 | BLODGETT, District Judge. I have examined the law bearing upon these questions which have been raised on this motion to quash, and shall be obliged under the authorities to overrule the motion. The objection taken against this indictment is that the defendant is charged with having removed five kegs of lager beer witho... | |
10,534,363 | OPINION EN BANC COFFIN, Circuit Judge. This complex litigation has involved this court at three stages. On first hearing the appeal from the district court we certified two questions to the Supreme Judicial Court of Massachusetts. After considering its responses, together with its suggestions on an issue not expressly ... | |
3,739,076 | PER CURIAM: The attorney appointed to represent Ar-naldo Martinez-Gomez has moved for leave to withdraw 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). Martinez-Gomez has not filed a response. Our independent review of the record and counsel’s brief dis... | |
3,739,639 | PER CURIAM: Sean Nelson appeals the district court’s denial of his motion for a reduced sentence under 18 U.S.C. § 3582(c)(2). We conclude that Amendment 706 to the Sentencing Guidelines had no impact on Nelson’s statutory mandatory minimum sentence. Accordingly, we AFFIRM. I. BACKGROUND Nelson pled guilty in 2001 to p... | |
11,617,776 | OPINION OF THE COURT COWEN, Circuit Judge. Katherine Taylor brought suit under the Americans with Disabilities Act of 1990(ADA), 42 U.S.C. § 12101 et seq., and the Pennsylvania Human Relations Act (PHRA), 43 Pa.Cons.Stat.Ann. § 951 et seq., alleging that her former employer, the Phoenixville School District, failed to ... | |
11,621,991 | LITTLE, District Judge: The Cadle Company (“Cadle”) appeals the district court’s decision to dismiss its RICO and state law claims under the “first-to-file” rule. Cadle argues that the district court should have applied the rule only if it first determined that the first-filed court’s jurisdiction was proper, and erred... | |
3,746,816 | PER CURIAM: Richard Showers Jr., proceeding pro se, appeals the partial denial of his 18 U.S.C. § 3582(c)(2) motion for a reduced sentence based on Amendment 706 to the U.S. Sentencing Guidelines. After Showers moved for a sentence reduction, the district court granted the motion and resentenced him at the low end of t... | |
3,739,124 | OPINION SMITH, Circuit Judge. Mitchell D. Diventura was convicted by a jury in 1977 of the first degree murder of his wife. On direct appeal, the Superior Court of Pennsylvania concluded that he had been denied the effective assistance of trial counsel because of counsel’s failure to request a jury instruction on invol... | |
3,748,286 | PER CURIAM: Howell W. Woltz petitions for a writ of mandamus seeking an order removing the district court judge from his case due to alleged bias. We conclude that Woltz is not entitled to mandamus relief. Mandamus relief is available only when the petitioner has a clear right to the relief sought. In re First Fed. Sav... | |
3,746,022 | MEMORANDUM Harjeet 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 (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have ... | |
3,745,086 | PER CURIAM: Petitioner Xue Yan Lin, a native and citizen of the People’s Republic of China, petitions for review of the August 14, 2007 decision of the Board of Immigration Appeals (the “BIA”), denying his motion to reopen immigration proceedings. Lin maintains that changed country conditions in China, combined with th... | |
3,737,730 | Plaintiffs-appellants April H. Young, Alonzo Young, Michael Matthews, Rick A. Jennings, and Mary M. Brewer appeal from two judgments of United States District Court for the Southern District of New York (Jones, J.), dismissing their class action complaints against defendant-appellees General Motors Investment Managemen... | |
3,743,247 | MEMORANDUM Rayford Norris appeals the district court’s denial of his motion to suppress (1) evidence seized during a parole search and (2) statements he made at the police station following his arrest and waiver of Miranda rights. After the denial of his suppression motion, Norris entered a conditional guilty plea to b... | |
3,745,113 | MEMORANDUM Substantial evidence supports the Immigration Judge’s determination that Monzon-Ortega and her son, Mejia-Monzon, did not establish past persecution. Although Monzon-Ortega suffered some economic detriment because of the guerillas’ extortion scheme, “mere economic disadvantage alone does not rise to the leve... | |
3,747,795 | OPINION OF THE COURT VAN ANTWERPEN, Circuit Judge. Blake McSpadden appeals the District Court’s April 2, 2008, order dismissing his 42 U.S.C. § 1983 case under Federal Rule of Civil Procedure 12(b)(6) on the grounds that Appellees were entitled to qualified immunity. McSpadden alleges that Appel-lees, employees of Penn... | |
3,739,022 | PER CURIAM: Marvin Fitzgerald Walker seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2008) motion. The order is not appeal-able unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not ... | |
6,133,578 | HOFFMAN. District Judge. This cause comes up on objections filed to the official survey on the part of the United States and of certain parties who have intervened for their interests. The principal point in controversy is the location of the northern boundary or dividing line between the rancho of the Peraltas and tha... | |
6,135,184 | SAWYER, Circuit Judge. The first question in this case is, whether it is competent to show a usage in the grain trade in California to deliver grain in sacks, nothing being said in the contract as to whether it is to be delivered in bulk or in sacks. I am satisfied from the authorities, that the testimony is admissible... | |
6,134,684 | OPINION OF THE COURT. This is an indictment for cutting walnut and other trees on the public lands of the United States. It was objected that no other timber except what is named in the indictment ‘can be proved. But THE COURT held that under the allegation of other timber, proof other than walnut trees was admissible ... | |
6,135,259 | HOFFMAN, District Judge. The grant in this case was made on the first day of May, 1839, by Governor Alvarado, to Antonio Bu-elna, the husband of the claimant. Buelna, after obtaining nis grant, appears by the proofs to have occupied and cultivated his land and continued to live there with his family until his decease. ... | |
3,744,651 | PER CURIAM: Jerome Julius Brown, Sr., seeks to appeal the district court’s order dismissing his civil action. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. Parties in a civil case are required to file the notice of appeal within thirty days after the judgment or order... | |
6,129,942 | THE COURT called D.P. Southworth, United States assessor for the. Fourth district of Pennsylvania, who had been charged with the investigation of the frauds charged in this case. It appearing by his evidence that the. alleged return was made on an old form, such as was required under the law of 1862 [12 Stat 432], and ... | |
12,117,369 | BLATCHFORD, District Judge. This is an action at common law. The first paper placed on the records of the court in it was an information, which was filed on March 1, 18G7. It states taat the attorney of the United States comes “in a suit of common law and informs the court” that the United States bring suit against the... | |
1,306,735 | TORRUELLA, Chief Judge. In an earlier proceeding, the predecessor of plaintiff Futura Development of Puerto Rico, Inc. (“Futura”) obtained a judgment against the Cooperative Development Company (“CDC”), a public corporation and instrumentality of the Commonwealth of Puerto Rico, in the amount of $12,266,000. See U.S.I.... | |
1,306,724 | OPINION MERRITT, Circuit Judge. This case arises under the Clean Air Act, 42 U.S.C. §§ 7401-7671q, as amended. The petitioner, the Southwestern Pennsylvania Growth Alliance, appeals the decision of the Administrator of the United States Environmental Protection Agency directly to this Court under 42 U.S.C. § 7607(b)(1)... | |
10,536,376 | BEAM, Circuit Judge. Wal-Mart Stores, Inc. (Wal-Mart) appeals from a decision of the district court ordering it to pay $19,946,038.20 in premiums and interest to the receiver of an insolvent insurance carrier, Transit Casualty Company (Transit), which carrier issued policies of workers’ compensation insurance covering ... | |
10,526,828 | PER CURIAM: Appellant, James Ray Jackson, appeals the denial of future compensation benefits pursuant to the Longshore and Harbor Worker’s Compensation Act, 33 U.S.C. § 901 et seq. (LHWCA), for injuries sustained on his job. Jackson settled a third party liability action for his injuries while he was receiving voluntar... | |
10,528,578 | BAUER, Chief Judge. Plaintiff, Robert DeMallory, is an inmate at Wisconsin’s Waupun Correctional Institute (WCI). On August 17, 1978, WCI authorities placed DeMallory in the WCI Adjustment Center, a maximum security facility within the prison that separates certain inmates from general population inmates, because of hi... | |
6,135,916 | MARSHALL, Circuit Justice. In this case, P. T. Shelton & Co., consisting of P. T. Shelton, and Walter Shelton, being indebted to the United States for duties, made a voluntary assignment of all their effects for the payment of their debts. Walter Shelton, was in possession of some .estate in his private character, whic... | |
3,738,182 | MEMORANDUM Richard Joseph Crane, 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.... | |
6,134,998 | THE COURT (THRUSTON, Circuit Judge, absent), after looking into precedents, overruled the motion. |
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