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U.S. District Courts - Maryland
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HAAK MOTORS LLC, et al., Plaintiffs, v. Robert L. ARANGIO, Sr., et al., Defendants. , D.Md., November 18, 2009
Curtis C. Coon, Coon and Cole LLC, Towson, MD, for Plaintiffs. Jeffrey Jerome Hines, Christopher M. Corchiarino, Goodell Devries Leech and Dann LLP, Baltimore, MD, for Defendamts. MEMORANDUM OPINION WILLIAM D. QUARLES, JR., District Judge. Haak Motors LLC, Seahawk LLC, and Lloyd Haak sued Robert L. Arangio, Sr., Robert L. Arangio, Jr., and Arangio & George LLP for legal malpractice and other claims in the Circuit Court for Queen Anne's County, Maryland. The Defendants removed to this...
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John D. ANDERSON, Jr., Petitioner v. UNITED STATES of America, Respondent. , D.Md., November 16, 2009
MEMORANDUM BENSON EVERETT LEGG, Chief Judge. Now pending is pro se petitioner John D. Anderson, Jr.'s motion to vacate his sentence pursuant to 28 U.S.C. § 2255. For the reasons set forth below, the Court will, by separate Order of even date, GRANT a hearing to resolve one of Anderson's claims, APPOINT counsel for Anderson, and DENY the remaining claims. [FN1] FN1. Because the facts and legal arguments regarding the claims that the Court is denying are adequately set forth in the existing...
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Samuel NELSON, Petitioner v. UNITED STATES of America, Respondent. , D.Md., November 16, 2009
MEMORANDUM BENSON EVERETT LEGG, Chief Judge. Now pending is pro se petitioner Samuel Nelson's motion to vacate his sentence pursuant to 28 U.S.C. § 2255. Because the facts and legal arguments are adequately set forth in the existing record, an evidentiary hearing is not necessary. See United States v. Yearwood, 863 F.2d 6, 7 (4th Cir.1988) (recognizing that "[a] hearing is not required ... on a § 2255 motion if the record of the case conclusively shows that petitioner is entitled to no re...
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James R. BUECHLER, Jr., Individually, and on Behalf of All Others Similarly Situated, Plaintiffs, v. DAVCO RESTAURANTS, INC., Defendant. , D.Md., November 16, 2009
James Edward Rubin, Rubin Employment Law Firm, Rockville, MD, Steven Bennett Blau, Blau Brown and Leonard PC, New York, NY, for Plaintiffs. Niccolo N. Donzella, Baxter Baker Sidle Conn and Jones, Baltimore, MD, for Defendant. MEMORANDUM OPINION WILLIAM D. QUARLES, JR., District Judge. James R. Buechler, Jr. ("Buechler"), for himself and others similarly situated, sued DavCo Restaurants, Inc. ("DavCo") for violations of the Fair Labor Standards Act ("FLSA"). [FN1] Pending are DavCo's ...
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Michael L. STANLEY, Petitioner v. J.D. WHITEHEAD, et al., Respondents. , D.Md., November 13, 2009
MEMORANDUM OPINION ROGER W. TITUS, District Judge. Petitioner Michael L. Stanley, an inmate confined at the Federal Correctional Institution in Cumberland, Maryland, filed this Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. Stanley claims that he has been denied "meaningful" consideration for the full allowable period of residential reentry center or halfway house placement under the Second Chance Act of 2007, codified at18 U.S.C. § 3624(c). For reasons that follow, the ...
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Steven Lang KANAI, Petitioner v. Pete GEREN, Secretary of the U.S. Army, Respondent. , D.Md., November 13, 2009
Daniel Bernard Abrahams, Brown Rudnick LLP, Washington, DC, Louis P. Font , Font and Glazer, Brookline, MA, for Petitioner. Melanie L. Glickson, Maryland Office of the United States Attorney, Baltimore, MD, for Respondent. OPINION PETER J. MESSITTE, District Judge. Steven Lang Kanai, a former cadet at the United States Military Academy at West Point ("USMA" or "the Academy"), has applied for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, challenging his "custody" by the U.S. Arm...
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Derek N. JARVIS, Plaintiff v. GEICO INSURANCE COMPANY, Defendant. , D.Md., November 13, 2009
Derek N. Jarvis, Silver Spring, MD, pro se. MEMORANDUM OPINION ROGER W. TITUS, District Judge. Before the Court is a complaint filed pro se by Derek N. Jarvis, raising claims of breach of contract, fraud, negligent representation, unfair business practices, conspiracy, false and misleading business practices, racial bias, and fraudulent concealment against Geico Insurance Company ("Geico") in regard to its handling of an accident claim involving his 1994 Toyota Camry. Jarvis brings this act...
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Karla D. COLLONS-JACKSON, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Md., November 13, 2009
Stephen F. Shea, Elkind and Shea, Silver Spring, MD, for Plaintiff. Allen F. Loucks, Office of the United States Attorney, Baltimore, MD, for Defendant. MEMORANDUM OPINION GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT THOMAS M. DiGIROLAMO, United States Magistrate Judge. Karla Collons-Jackson ("Plaintiff" or "Claimant") brought this action under 42 U.S.C. § 405(g) for judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner"), ...
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Michael SMITH v. TRULAND SYSTEMS CORPORATION. , D.Md., November 13, 2009
MEMORANDUM OPINION DEBORAH K. CHASANOW, District Judge. Presently pending and ready for resolution is Plaintiff's motion for leave to amend complaint. (Paper 17). The issues are fully briefed, and the court now rules pursuant to Local Rule 105.6, no hearing being deemed necessary. For the following reasons, the motion will be granted. I. Background Plaintiff filed a complaint in state court against Truland Systems Corporation only, but recited that "an employee of Truland, aka 'John Doe,' ...
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Deola DEAN, et al., Plaintiff, v. NAVY FEDERAL CREDIT UNION, et al., Defendants. , D.Md., November 12, 2009
MEMORANDUM OPINION RICHARD D. BENNETT, District Judge. This matter is before the court on a Motion to Remand filed by Plaintiffs Deola Dean and Alice Ward (Paper No. 12). The parties' submissions have been folly briefed and no hearing is necessary. See Local Rule 105.6 (D.Md.2008). Because there is not complete diversity between the parties in this case and because this court is an improper venue for removal of this case, Plaintiff's Motion to Remand is GRANTED. BACKGROUND The facts in this...
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Dan T. SIMMONS, pro se, Plaintiff, v. JOHNS HOPKINS UNIVERSITY, Defendant. , D.Md., November 12, 2009
MEMORANDUM OPINION WILLIAM D. QUARLES, JR., District Judge. Dan Simmons, pro se, sued Johns Hopkins University for violating the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 623. For the following reasons, Hopkins's motion for summary judgment will be granted. I. Background Simmons, who is 65, holds an Associate's Degree in Engineering from Pennsylvania State University. [FN1] Lisa Cohen Jones Aff., Ex. A4, Aug. 19, 2009. From 1981 to 1992, he was Senior Financial Anal...
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James L. CUNNINGHAM v. TWIN CITY FIRE INSURANCE COMPANY, et al. , D.Md., November 12, 2009
James L. Cunningham, Baltimore, MD, pro se. Lee H. Ogburn, Stuart M. G. Seraina, Kramon and Graham PA, Baltimore, MD, for Twin City Fire Insurance Company, et al. MEMORANDUM CATHERINE C. BLAKE, District Judge. Now pending before the court is a motion to remand and a motion for leave to file an amended complaint, filed by plaintiff James L. Cunningham. The defendants, Twin City Fire Insurance Company (hereinafter "Twin City") and Hartford Financial Services Group, Inc. (hereinafter "Hartf...
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Russell L. EBERSOLE, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY and United States Secret Service, Respondents. , D.Md., November 12, 2009
MEMORANDUM CATHERINE C. BLAKE, District Judge. Pending is respondent's supplemental declaration in support of the motion for summary judgment. Paper No. 16. Previously, this court issued an order requiring respondents to provide an affidavit detailing the search for records responsive to the FOIA request designated as file number 20070818. Paper No. 12. Petitioner challenged the sufficiency of the search for documents responsive to his request in File 18 pertaining to material data safety ...
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Trent L. BANKS, Petitioner v. WCI and the Attorney General of the State of Maryland, Respondents. , D.Md., November 12, 2009
Trent L. Banks, Cumberland, MD, pro se. Edward John Kelley, Maryland Office of the Attorney General, Baltimore, MD, for Respondent. MEMORANDUM CATHERINE C. BLAKE, District Judge. Before the court is a pro se petition for writ of habeas corpus filed by Maryland prisoner Trent L. Banks (Document 1), the State's substantive responses and exhibits filed in connection therewith (Document 7), and Banks's reply concerning procedural default. Document 12. [FN1] After reviewing these documents, t...
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Kevin STEVENS, Plaintiff, v. ANNE ARUNDEL COUNTY BOARD OF EDUCATION, Defendant. , D.Md., November 12, 2009
Morris Eli Fischer, Morris E. Fischer Esq., Bethesda, MD, for Plaintiff. William Charles Dickerson, Anne Arundel County Office of Law, Annapolis, MD, for Defendant. MEMORANDUM OPINION WILLIAM D. QUARLES, JR., District Judge. Kevin Stevens sued the Anne Arundel County Board of Education ("the Board") for race discrimination in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). [FN1] Pending are the Board's motion for summary judgment and Stevens's motion to strike a...
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Morer LEE, Plaintiff, v. Edward A. MALLOY, Jr., Defendant. , D.Md., November 12, 2009
Morer Lee, Flushing, NY, pro se. MEMORANDUM OPINION RICHARD D. BENNETT, District Judge. This matter is before the Court on Plaintiff Morer Lee's pro se civil action against Judge Edward A. Malloy, Jr., Administrative Judge of the District Court of Maryland for District 12 (Allegany and Garrett Counties). Lee, a resident of New York, brings this action to federal court on the basis of federal question under 28 U.S.C. § 1331, "because private property is protected by the 5th Amendment Due Pro...
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Orlando D. DUGGINS, Petitioner v. UNITED STATES of America, Respondents. , D.Md., November 12, 2009
MEMORANDUM WILLIAM M. NICKERSON, District Judge. Pending is a Petition for Writ of Error Audita Querela filed pro se by Orlando D. Duggins, an inmate confined at the Federal Correctional Institution in Minersville, Pennsylvania. After careful review of the Petition and applicable law, the court will deny relief by separate order. Background In 1993, Duggins was convicted by a jury of conspiracy to distribute heroin and related firearms offense. The court sentenced him to a 360-month term of...
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Ronald HAMM, Plaintiff v. Michael J. ASTRUE Commissioner of Social Security, Defendant. , D.Md., November 12, 2009
MEMORANDUM OPINION GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT THOMAS M. DIGIROLAMO, United States Magistrate Judge. Ronald Hamm ("Plaintiff" or "claimant") brought this action under 42 U.S.C. § 405(g) for judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner"), denying his claim for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act, 42 U.S .C. §§ 401-433. Before the Court is Plaintifffs Motion for Sum...
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Curtis BOULWARE, Plaintiff v. ISAIAS TESSEMA, et al., Defendants. , D.Md., November 12, 2009
MEMORANDUM WILLIAM M. NICKERSON, District Judge. Counsel for the Division of Correction was directed to show cause why Plaintiff's request for injunctive relief should not be granted. The response has been construed as a Motion for Summary Judgment. Papers No. 9 and 10. Plaintiff opposes the motion. Paper No. 12. For the reasons set forth below, the motion shall be granted. Background The instant complaint was filed on Plaintiff's behalf by a fellow inmate, Winifred Witherspoon. Paper No. 1...
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UNITED STATES of America v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY. , D.Md., November 9, 2009
MEMORANDUM ROGER W. TITUS, District Judge. On October 28, 2009, the United States Attorney filed a criminal complaint against the defendant, Washington Metropolitan Area Transit Authority ("WMATA"), charging it with a violation of the Clean Water Act, 33 U.S.C §§ 1317(d) and 1319(c)(1)(A). At the request of the government, a hearing has been scheduled for a plea and sentencing on November 25, 2009, at 10:00 a.m. Although no motion to seal was filed, the clerk was requested to place the ent...
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Alexander ZENO, et. al., Plaintiffs, v. State of MARYLAND, et. al., Defendants. , D.Md., November 9, 2009
Alexander Zeno, Washington, DC, pro se. Melanie Rivera-Rivera, Washington, DC, pro se. Damon L. Bell, Leight D. Collins, State of Maryland Office of the Attorney General, Glen Burnie, MD, for Defendants. MEMORANDUM OPINION ALEXANDER WILLIAMS, JR., District Judge. Before this Court are Defendant Motor Vehicles Administration's, State of Maryland's, and Velma Shaw's ("Shaw") Motions to Dismiss. (Doc. Nos.12- 14). Also pending, is the Plaintiffs' Motion for Additional Time to Serve Summo...
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Theodore E. THORNTON, Sr. v. BALTIMORE CITY BOARD OF SCHOOL COMMISSIONERS et al. , D.Md., November 9, 2009
MEMORANDUM WILLIAM M. NICKERSON, Senior District Judge. Before the Court is Defendants' Motion for Summary Judgment. Paper No. 48. The motion is fully briefed. Upon review of the pleadings and the applicable case law, the Court determines that no hearing is necessary, Local Rule 105.6, and that the motion should be granted in part and denied in part. I. BACKGROUND Plaintiff brings this action asserting that he was denied the position as the Human Resources Officer for Defendant Baltimore C...
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Gabriel NKENGFACK, et. al., Plaintif, v. HOMECOMINGS FINANCIAL, LLC, Defendant. , D.Md., November 6, 2009
MEMORANDUM OPINION RICHARD D. BENNETT, District Judge. This matter is before the court on a Motion to Dismiss filed by Defendant Homecomings Financial, LLC, (Paper No. 17) and on a Motion to Remand filed by Plaintiff Gabriel Nkengfack (Paper No. 19). The parties' submissions have been fully briefed and no hearing is necessary. See Local Rule 105.6 (D.Md.2008). This Court finds that Plaintiff's Complaint does not raise a substantial federal issue necessary to support federal question jurisdict...
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CHOICE HOTELS INTERNATIONAL, INC. v. Dineshkumar Bhimji PATTNI. , D.Md., November 6, 2009
MEMORANDUM OPINION DEBORAH K. CHASANOW, District Judge. This case is before the court on the application of Choice Hotels International, Inc. to confirm an arbitrator's award in its favor against Dineshkumar Bhimji Pattni. The Clerk of Court entered default against Defendant (paper 9) indicating that the summons and copies of the application to confirm arbitration award were served on Defendant, and he has failed to answer or otherwise respond within the time provided by the summonses and pur...
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Nedra Rosita JONES, et al., Plaintiff, v. WAY OF HOPE, INC., et al., Defendants. , D.Md., November 6, 2009
MEMORANDUM BENSON EVERETT LEGG, Chief Judge. Plaintiff Nedra Rosita Jones ("Jones") filed this action against Way of Hope, Inc. ("Way of Hope"), James Francois ("Francois") and Marie Fernelis ("Fernelis") (collectively, "Defendants") on June 11, 2008. Jones seeks damages from Defendants for non-compliance with federal and Maryland wage and hour laws. Now pending is Jones's Motion for Summary Judgment. Docket No. 25. The motion has now been fully briefed. As explained herein, no hearing is ...
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WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Plaintiff v. ONE PARCEL OF LAND, and Largo West One, et al., Defendants. , D.Md., November 6, 2009
MEMORANDUM BENSON EVERETT LEGG, Chief Judge. This case involves the taking of land. Seven years ago, the Washington Metropolitan Area Transit Authority ("WMATA") took approximately one acre from a 3.5-acre parcel owned by Largo West One Limited Partnership ("Largo West"). Now pending is WMATA's Rule 71.1(h) Motion for Pretrial Adjudication. [FN1] Docket No. 106. In its motion, WMATA asks the Court to deem it established for trial that Largo West's proposed use of the 3.5-acre parcel is sp...
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DUNCAN SERVICES, INC., et al., Plaintiffs, v. EXXONMOBIL OIL CORPORATION, et al., Defendants. , D.Md., November 6, 2009
MEMORANDUM OPINION ALEXANDER WILLIAMS, JR., District Judge. Sixty-five [FN1] ExxonMobil motor fuel franchisees who individually, or on behalf of entities they control, operate at least one retail service station in Maryland, bring this action against Defendants ExxonMobil Oil Corporation ("ExxonMobil"), ExxonMobil's affiliate ExxonMobil Corporation, White Oak Petroleum, LLC ("White Oak"), and GTY MD Leasing, Inc. Plaintiffs assert violations of the Petroleum Marketing Practices Act, 58 U.S.C...
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Carolyn WINGATE, Plaintiff, v. JOHNS HOPKINS BAYVIEW MEDICAL CENTER, INC., Defendant. , D.Md., November 6, 2009
MEMORANDUM OPINION RICHARD D. BENNETT, District Judge. This employment discrimination action arises out of an Amended Complaint filed by Plaintiff Carolyn Wingate ("Wingate" or 'Plaintiff') against her former employer, Defendant Johns Hopkins Bayview Medical Center, Inc. ("Bayview" or "Defendant"). Wingate's original Complaint included four counts all arising from her former employment at Bayview: I) retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et ...
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UNITED STATES of America, Plaintiff, v. Edward Maurice BRYANT, Defendant. , D.Md., November 6, 2009
A. David Copperthite, Rod J. Rosenstein, Office of the United States Attorney, Baltimore, MD, for Plaintiff. James Gerard Pyne, James G. Pyne PA, Towson, MD, for Defendant. MEMORANDUM AND ORDER PAUL W. GRIMM, United States Magistrate Judge. This Memorandum and Order addresses Defendant Edward Maurice Bryant's Motion to Reconsider Detention Order, Paper No. 73. Defendant moves for reconsideration on the grounds that, after Defendant was detained, co-defendant Marvin Leach provided an affi...
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DUNCAN SERVICES, INC., et al., Plaintiffs, v. EXXONMOBIL OIL CORPORATION, et al., Defendants. , D.Md., November 6, 2009
Harry C. Storm, Stuart Alan Schwager, Lerch Early and Brewer Chtd ., Bethesda, MD, for Plaintiffs. Maurice Albert Bellan, Arent Fox LLP, Alphonse M. Alfano, Bassman Mitchell and Alfano Chtd., Washington, DC, Andrew A. Kassof, Mark S. Lillie, Kirkland and Ellis LLP, Chicago, IL, for Defendants. MEMORANDUM OPINION ALEXANDER WILLIAMS, JR., District Judge. Sixty-five [FN1] ExxonMobil motor fuel franchisees who individually, or on behalf of entities they control, operate at least one retail ...
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Joseph LETELLIER, Plaintiff, v. SHOPCO U T ASSOCIATION, et al., Defendants. , D.Md., November 5, 2009
MEMORANDUM OPINION WILLIAM D. QUARLES, JR., District Judge. After being robbed while making a bank deposit, Joseph Letellier sued Shopco U T Association ("Shopco"), Wachovia Bank, Wachovia Corporation, and Ramco-Gershenson Properties Trust ("Ramco") for negligence. Pending is Ramco's motion to dismiss for failure to state a claim upon which relief can be granted. For the following reasons, the motion will be granted. I. Background On May 8, 2006, Letellier was beaten and robbed whil...
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Julio Ceasar GRANO-ACUNA, Petitioner, v. UNITED STATES of America, Respondent. , D.Md., November 5, 2009
MEMORANDUM BENSON EVERETT LEGG, Chief Judge. Petitioner, Julio Ceasar Grano-Acuna, who is now serving a 70 month sentence, has moved pro se to set aside or correct his sentence pursuant to 28 U.S.C. § 2255. For the reasons stated herein, the motion is DENIED. I. STATEMENT OF FACTS On December 20, 2006, Grano-Acuna was charged with conspiracy to distribute and possess with intent to distribute more than five kilograms of cocaine in violation of 21 U.S.C. § 846. [FN1] On April 26, 2007, the ...
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Gregory MARSHALL, Plaintiff v. Dr. Isaias TESSEMA, MD Dr. Michael Summerfield, MD Dr. Emma Offaho, OD Nurse Hetty Charlene Trenum, RN Prison Optometric Services Santana Nottage Wexford Health Source, Inc., Defendants. , D.Md., November 5, 2009
MEMORANDUM J. FREDERICK MOTZ, District Judge. Americans with health problems often struggle to coordinate their care and treatment among a plethora of specialists, juggling scheduling, referrals and reports to insure their medical needs are met. Coordination of health care for those housed in prisons certainly is no less problematic and brings into play a myriad of additional challenges ranging from frequent transfers of prisoners between institutions to resource management practices which in...
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LTVN HOLDINGS LLC, et al. v. Nader Anthony ODEH, et al. , D.Md., November 5, 2009
MEMORANDUM CATHERINE C. BLAKE, District Judge. Now pending before the court is a motion to dismiss for lack of jurisdiction and improper venue or, in the alternative, to transfer venue filed by defendants Nader Anthony Odeh and his company, Claims Consulting LLC. Plaintiffs LTVN Holdings LLC (hereinafter "LTVN") and Irwin R. Kramer filed a complaint containing eight counts relating to alleged copyright infringement of marketing videos produced by LTVN. The issues in this motion have been full...
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Tamar McCULLOUGH, Plaintiff v. D.L. KITIS, et al., Defendants. , D.Md., November 4, 2009
Tamar McCullough, Cumberland, MD, pro se. Nichole C. Gatewood, Maryland Office of the Attorney General, Baltimore, MD, for Defendants. MEMORANDUM OPINION ROGER W. TITUS, District Judge. Pending is Defendants' Motion to Dismiss or for Summary Judgment. Paper No. 28. Plaintiff was advised of his right to file a Response in Opposition to the motion and of the consequences of failing to file a response, but has filed nothing further. Paper No. 29. Upon review of the papers filed, the court f...
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William E. ALTON, Plaintiff v. MARYLAND DEPT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES, et al., Defendants. , D.Md., November 4, 2009
William E. Alton, Cumberland, MD, pro se. Stephanie Judith Lane Weber, Office of The Attorney General, Baltimore, MD, for Defendants. MEMORANDUM WILLIAM M. NICKERSON, Senior District Judge. Pending is Plaintiff's Motion for Leave to Amend the Complaint and Motion to Proceed in Forma Pauperis. Papers No. 15, 17 and 19. Plaintiff has filed the proposed amended complaint. Paper No. 18. Because there has been no responsive pleading in this case, Plaintiff's Motion for Leave to Amend shall be...
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Jasper Maurice WARREN, Plaintiff, v. CORRECTIONAL MEDICAL SERVICES, INC., Defendant. , D.Md., November 4, 2009
Jasper Maurice Warren, Westover, MD, pro se. Joseph Saunders Johnston, Philip M. Andrews, Kramon and Graham PA, Baltimore, MD, for Defendant. MEMORANDUM OPINION RICHARD D. BENNETT, District Judge. Although filed as a 42 U.S.C. § 1983 civil rights action for compensatory and punitive damages against the private medical contractor for the Maryland Division of Correction, the Complaint raises an access-to-courts claim. [FN1] The Plaintiff, Jasper Warren ("Warren"), states that he is an inma...
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Edmund AWAH, Plaintiff, v. Marc R. DONATY, Defendant. , D.Md., November 4, 2009
MEMORANDUM OPINION ALEXANDER WILLIAMS, JR., District Judge. Plaintiff Edmund Awah ("Awah") brings this action against Defendant Marc R. Donaty ("Donaty"), alleging Donaty falsely claimed Awah owed money to Antwerpen Motorcars, LTD. in a complaint Donaty filed in the District Court of Baltimore County. Awah seeks compensatory and punitive damages. Currently pending before the Court is Defendant's Motion for Summary Judgment (Docket No. 23). The Court has reviewed the entire record with respect...
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SHIELD OUR CONSTITUTIONAL RIGHTS AND JUSTICE, et al. v. Ryan L. HICKS. , D.Md., November 4, 2009
MEMORANDUM OPINION DEBORAH K. CHASANOW, District Judge. Presently pending and ready for resolution in this action are: (1) a motion to dismiss or for summary judgment filed by Defendant Ryan Hicks (Paper 4); and (2) a motion for summary judgment filed by Plaintiffs Shield Our Constitutional Rights and Justice ("Shield"), George McDermott, and Qihui Huang. (Paper 7). The issues are fully briefed and the court now rules pursuant to Local Rule 105.6, no hearing being deemed necessary. For the re...
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Angela SWAGLER, et al., Plaintiffs, v. HARFORD COUNTY, et al., Defendants. , D.Md., November 4, 2009
MEMORANDUM OPINION RICHARD D. BENNETT, District Judge. On September 3, 2008, Plaintiffs Angela Swagler, Elizabeth Walsh, and Joan Walsh filed the present action asserting numerous constitutional and common law claims relating to the arrest, search, and detainment that occurred after Plaintiffs participated in a protest in Harford County on August 1, 2008. The federal constitutional claims under 42 U.S.C. § 1983--set forth in Counts One through Seven of the Complaint--allege violations rela...
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Patrick WALSH, Petitioner, v. UNITED STATES of America, Respondent. , D.Md., November 3, 2009
MEMORANDUM OPINION ROGER W. TITUS, District Judge. Pending before the Court is Petitioner Patrick Walsh's petition under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. In it, Petitioner contends that he was denied his Sixth Amendment right to effective assistance of counsel. Because Petitioner has failed to show that counsel's representation was objectively unreasonable and/or resulted in actual prejudice, the Court will, by separate order, deny Petitioner's § 2255 petition....
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Marcus DUKES, Petitioner, v. UNITED STATES of America, Respondent. , D.Md., November 3, 2009
MEMORANDUM OPINION ROGER W. TITUS, District Judge. Pending before the Court are several motions filed by Petitioner Marcus Dukes, all of which relate to his motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. Because the Court finds that Petitioner's § 2255 claims are either barred or unmeritorious, the Court will deny, by separate order, the § 2255 motion as well as several motions relating to it. I. BACKGROUND AND PROCEDURAL HISTORY On June 8, 2005, a jury found ...
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Cynthia POAKWA, Petitioner v. UNITED STATES of America, Respondent. , D.Md., November 3, 2009
MEMORANDUM OPINION ROGER W. TITUS, District Judge. The above-captioned Motion to Vacate was filed on October 5, 2009. Paper No. 56. Petitioner seeks to challenge her conviction on four counts of aiding and abetting the filing of false tax returns. Petitioner was sentenced on May 13, 2009, and a notice of appeal was filed on May 21, 2009. Paper Nos. 40 and 42. The appeal is still pending with the Fourth Circuit Court of Appeals. See United States v. Poakwa, No. 09-4472 (4th Cir.2009). Absen...
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INDUSTRIAL ENTERPRISES, INC., Plaintiff v. PENN AMERICA INSURANCE COMPANY, Defendant. , D.Md., November 3, 2009
MEMORANDUM OPINION RICHARD D. BENNETT, District Judge. This case involves the insurance implications of Plaintiff Industrial Enterprises, Inc.'s ("Industrial") defense against the Environmental Protection Agency ("EPA"). Pending before this Court are three motions styled as Federal Rule of Civil Procedure 59(e) motions: 1) Industrial's Motion to Alter Judgment to Include Calculated Prejudgment Interest (Paper No. 104); 2) Industrial's Motion to Alter Judgment to Include Defendant's Ongoing Re...
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L'OCCITANE, INC. v. TRANS SOURCE LOGISTICS, INC., et al. , D.Md., November 2, 2009
MEMORANDUM WILLIAM M. NICKERSON, Senior District Judge. Before the Court is Plaintiff L'Occitane, Inc.'s Motion for Leave to Take Limited Expedited Discovery. Paper No. 19. The Defendants have opposed the motion. Upon review of the pleadings and the applicable case law, the Court determines that no hearing is necessary (Local Rule 105.6) and the motion will be denied as set forth below. Plaintiff alleges in its Complaint that it sent substantial funds to Defendants to be paid to a third-pa...
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Frederick HOLMES, Plaintiff, v. Nancy ROUSE [FN1], Defendant. FN1. The Clerk shall amend the docket to reflect the correct spelling of defendant's name. , D.Md., November 2, 2009
MEMORANDUM WILLIAM D. QUARLES JR., District Judge. I. Procedural History This 42 U.S.C. § 1983 complaint for injunctive relief (medical care and "proper" housing) and damages was filed on or about March 18, 2009. Plaintiff, who at all times set out herein was confined at the Roxbury Correctional Institution ("RCI"), alleges that on February 14, 2009, he was harassed and threatened by RCI Officers Riser and Harch when he was returning from an adjustment hearing. Paper No. 1. Plaintiff claims t...
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Farrakhan BEY, Plaintiff v. Bobby P. SHEARIN, et al., Defendants. , D.Md., November 2, 2009
MEMORANDUM BENSON EVERETT LEGG, Chief Judge. This is an action requesting mandamus relief. The Petitioner, Farrakhan Bey ("Bey"), is a Maryland Division of Correction ("DOC") inmate. In his petition, Bey moves to have records of his prison bank account provided to him. His request for in forma pauperis pursuant to 28 U.S.C. § 1915(a) shall be granted. I. Standard of Review Title 28 U.S.C. § 1361 confers "original jurisdiction of any action in the nature of mandamus to compel an officer or ...
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Errol Anthony WRIGHT, Petitioner, v. U.S. DEPARTMENT OF HOMELAND SECURITY, Respondent. , D.Md., November 2, 2009
MEMORANDUM OPINION DEBORAH K. CHASANOW, District Judge. According to the facts set out in this 28 U.S.C. § 1361 Petition for writ of mandamus, Petitioner, who is currently housed in the Maryland Division of Correction ("DOC") at the Roxbury Correctional Institution ("RCI"), was convicted of various state court offenses in 1991 and 1998. Paper No. 1 at p. 5. In July of 2009, the U.S. Department of Homeland Security ("DHS") issued an immigration detainer (notice of action) to the RCI Warden pur...
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Darlene KING, Plaintiff, v. LOWE'S HOME CENTERS, INC., Defendant. , D.Md., November 2, 2009
Darlene S. King, Rockville, MD, pro se. Adam Harrison Garner, McGuire Woods, LLP, Baltimore, MD, Robert Ross Niccolini, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Washington, DC, for Defendant. MEMORANDUM OPINION ALEXANDER WILLIAMS, JR., District Judge. Plaintiff Darlene King ("King") brings this action against Lowe's Home Centers, Inc. ("Lowe's"), alleging discrimination on the basis of race and age in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et se...
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Donald J. TYNER, Plaintiff v. OFFICE OF the PUBLIC DEFENDER, James S. Salkin, Esq. Heather Ashbury, Esq. and Carol E. Chance, Esq., Defendants. , D.Md., November 1, 2009
MEMORANDUM BENSON EVERETT LEGG, Chief Judge. The above-captioned case was filed on November 2, 2009, together with a Motion to Proceed in Forma Pauperis. Because he appears to be indigent, Plaintiff's motion (Paper No. 2) will be granted. Plaintiff alleges that defense attorneys provided to by the Office of the Public Defender during his criminal trial and post-conviction hearings were incompetent and ineffective. Paper No. 1. Plaintiff's trial took place in September 1992, and his post-co...
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Don THOMAS, Jr., Petitioner v. UNITED STATES of America, Respondent. , D.Md., October 30, 2009
MEMORANDUM BENSON EVERETT LEGG, Chief Judge. Now pending are pro se petitioner Don Thomas, Jr.'s motion to vacate his sentence (Docket No. 105), amended motion to vacate his sentence (Docket No. 114), and motion for an evidentiary hearing under 28 U.S.C. § 2255 (Docket No. 125). Because the facts and legal arguments are adequately set forth in the existing record, an evidentiary hearing is not necessary. [FN1] FN1.See United States v. Yearwood, 863 F.2d 6, 7 (4th Cir.1988) (recogn...
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STEMCELLS INC., et. al, Plaintiffs, v. NEURALSTEM INC., Defendant. , D.Md., October 30, 2009
MEMORANDUM OPINION ALEXANDER WILLIAMS, JR., District Judge. Pending before this Court are Defendant Neuralstem, Inc.'s Motion for Partial Summary Judgment of Intervening Rights (Doc. No. 94) and Motion for Partial Reconsideration of the Court's August 4, 2009, Order and Opinion Denying Defendant's Motion to Dismiss (Doc. No. 105). No hearing is necessary as provided by Local Rule 105.6 (D.Md.2008). The Court has considered the arguments asserted in the briefings and, as articulated below, DEN...
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Donald A. KING, Plaintiff v. AMERIQUEST MORTGAGE CO., Defendant. , D.Md., October 30, 2009
MEMORANDUM OPINION PETER J. MESSITTE, District Judge. Pro se Plaintiff Donald A. King has filed a Complaint alleging that Defendant, Ameriquest Mortgage Company ("Ameriquest"), engaged in predatory lending practices. He seeks a permanent injunction and other equitable relief. [FN1] Ameriquest has filed a Motion to Dismiss [Paper No. 5], asserting that the action was not filed within the applicable statute of limitations and thus is time-barred. Additionally, it contends that the action shoul...
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Robert S.K. YOUNG, Plaintiff, v. Michael W. HAGER, Defendant. , D.Md., October 30, 2009
MEMORANDUM OPINION ALEXANDER WILLIAMS, JR., District Judge. Plaintiff Robert S.K. Young, M.D., Ph.D. ("Young"), brings this action against Defendant Michael W. Hager ("Hager"), Acting Director of the U.S. Office of Personnel Management [FN1] ("OPM"), challenging CareFirst Blue Cross Blue Shield's ("CareFirst") denial of coverage of his daughter's breast reconstruction surgery. Young filed a claim against Hager for the cost of the services for which CareFirst denied coverage, amounting to $4,...
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Nancy HEBERT, Plaintiff, v. UNITED STATES of America, Defendant. , D.Md., October 30, 2009
MEMORANDUM OPINION WILLIAM CONNELLY, United States Magistrate Judge. Plaintiff Nancy Hebert ("Ms.Hebert") brought this action against Defendant, the United States of America ("United States") alleging negligent conduct, battery and undue mental anguish by employees of the United States, specifically, personnel at the Baltimore Veterans Administration Medical Center. The parties consented to proceed before a United States Magistrate Judge for all further proceedings in the case and the entry o...
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Jeffrey G. WALLS v. Anton O'BRYANT Jeffrey Glen Walls v. Larry Graves Jeffrey Glen Walls v. Gregory Waters. , D.Md., October 29, 2009
MEMORANDUM OPINION DEBORAH K. CHASANOW, District Judge. Presently pending and ready for resolution in these cases alleging slander, defamation of character, negligence, intellional infliction of emotional distress, and bad faith are (1) the motion to substitute the United States as the sole defendant; and (2) the motion to dismiss. The issues have been briefed and the court now rules pursuant to Local Rule 105.6, no hearing being deemed necessary. For the reasons that follow, the motions will...
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UNITED STATES of America, Plaintiff, v. Tavon MOUZONE, Defendant. , D.Md., October 29, 2009
REPORT AND RECOMMENDATION PAUL W. GRIMM, United States Magistrate Judge. On February 21, 2008, Defendants Tavon Mouzone, Anthony Fleming, Sherman Pride, Keili Dyson, Ronnie Thomas, and Jerrod Fenwick were indicted on charges of violating 18 U.S.C. § 1962(d), Conspiracy to Participate in a Racketeering Enterprise. [FN1] Paper No. 1. Alleged involvement in homicides underlay the Defendants' charges. Id. FN1. Defendants Fleming, Dyson, Pride, and Fenwick were also indicted on other charges not r...
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Luke D. JOHNSON, Plaintiff v. Frank B. BISHOP, Jr., et al., Defendants. , D.Md., October 29, 2009
MEMORANDUM OPINION DEBORAH K. CHASANOW, District Judge. On January 21, 2009, Plaintiff filed a civil rights complaint pursuant to 42 U.S.C. § 1983, solely seeking injunctive relief. Counsel for Defendants has filed a dispositive motion (Paper No. 13), which shall be treated as a Motion for Summary Judgment. Plaintiff has not filed a response. [FN1] No hearing is needed to resolve the question as to whether Plaintiff is entitled to relief in this case. See Local Rule 105.6 (D.Md.2008). ...
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SHIELD OUR CONSTITUTIONAL RIGHTS AND JUSTICE, et al. v. Adam Maurice TIPPETT. , D.Md., October 28, 2009
MEMORANDUM OPINION DEBORAH K. CHASANOW, District Judge. Presently pending and ready for resolution is Plaintiff Qihui Huang's motion for reconsideration of the court's September 11, 2009 order. (Paper 20). The issues are fully briefed and the court now rules pursuant to Local Rule 105.6, no hearing being deemed necessary. For the reasons that follow, Plaintiff's motion for reconsideration will be denied. I. Background The background to this case may be found in the court's last memorandum ...
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Eugene JACKSON, Petitioner v. UNITED STATES of America, Respondent. , D.Md., October 28, 2009
MEMORANDUM WILLIAM M. NICKERSON, District Judge. Pending is Eugene Jackson's petition for writ of audita querela. After careful review of the petition and applicable law, the court concludes there is no basis for relief. The petition will be denied by separate order. Jackson, who filed this petition pro se, was convicted on May 21, 2002, of conspiracy to distribute one kilogram or more of heroin, as well as heroin possession with intent to distribute. He was sentenced to life imprisonment ...
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UNION PACIFIC RAILROAD COMPANY v. The BALTIMORE AND ANNAPOLIS RAILROAD COMPANY d/b/a Carolina Southern Railroad Company. , D.Md., October 27, 2009
MEMORANDUM OPINION SUSAN K. GAUVEY, United States Magistrate Judge. Plaintiff brings this action to recover unpaid car hire charges incurred by defendant under the Association of American Railroads' Car Hire Service and Car Hire Agreement ("AAR Circular No. OT-10"). (Paper No. 1, 1-2). The Court has jurisdiction over this action under 29 U.S.C. § 1337(a), the Interstate Commerce Act, 49 U.S.C. § 10101, and 49 U.S.C. § 11704(c)(1). [FN1] FN1. Although the Surface Transportation Board ("STB") h...
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Jaya Prakash MATETI, et al. v. ACTIVUS FINANCIAL, LLC, et al. , D.Md., October 27, 2009
MEMORANDUM OPINION DEBORAH K. CHASANOW, District Judge. Presently pending and ready for resolution in this debt collection case are: (1) a motion for reconsideration of the court's August 14, 2009 order filed by Plaintiffs (Paper 57), (2) a motion for reconsideration of the court's August 14, 2009 order filed by Defendants (Paper 58), and (3) a motion to strike Defendants' motion for reconsideration filed by Plaintiffs (Paper 63). The issues are briefed and the court now rules pursuant to Loc...
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Adol T. OWEN-WILLIAMS, Plaintiff, v. Baboucar SALLAH, Defendant. , D.Md., October 27, 2009
MEMORANDUM OPINION DEBORAH K. CHASANOW, District Judge. On October 13, 2009, Adol T. Owen-Williams ("Owen-Williams"), a resident of North Potomac, Maryland, filed this "Complaint of Civil Rights Violation under the Seventh Amendment of the United States Constitution." Paper No. 1. Owen-Williams seeks the issuance of a "Writ of Mandamus" to reinstate a state circuit court complaint with a jury trial. It appears that Owen-Williams takes issue with a bench trial and an order of judgment entered ...
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In re Robert F. ROOD, IV. Gary A. Rosen, et al., Plaintiffs v. Robert F. Rood, IV, et al., Defendants. , D.Md., October 27, 2009
MEMORANDUM OPINION DEBORAH K. CHASANOW, District Judge. Presently pending before the court is the Certificate of Criminal Contempt issued by Bankruptcy Judge Paul Mannes in an adversary proceeding arising from the Chapter 7 bankruptcy case of Robert F. Rood, IV. The Certificate is supported by a Memorandum of Decision related to the motion of Plaintiffs Gary A. Rosen, the Chapter 7 Trustee, and Southern Management Corporation Retirement Trust ("SMCRT") to hold Defendants Robert F. Rood, IV, a...
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Hilda Leah FLOYD, Plaintiff v. U.S. DEPARTMENT OF HOMELAND SECURITY, Defendant. , D.Md., October 27, 2009
MEMORANDUM OPINION RICHARD D. BENNETT, District Judge. Plaintiff Hilda Leah Floyd ("Plaintiff," or "Floyd"), proceeding pro se, has brought this action against the U.S. Department of Homeland Security ("DHS"), asserting claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., the Whistleblower Protection Act, 5 U.S.C. § 2302, the Rehabilitation Act, 29 U.S.C. § 701 et seq., the Privacy Act, 5 U.S.C. § 552a et seq., and the federal civil rights statute, 42 U.S.C. § 1...
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Derek N. JARVIS v. FEDEX OFFICE & PRINT SERVICES, INC. , D.Md., October 27, 2009
MEMORANDUM OPINION DEBORAH K. CHASANOW, District Judge. Presently pending and ready for resolution in this civil rights action is a motion to stay proceedings filed by Plaintiff Derek Jarvis (Paper 52). The issues have been fully briefed and the court now rules pursuant to Local Rule 105.6, no hearing being deemed necessary. For the reasons that follow, the motion to stay will be denied as moot, and the remaining requests for relief will be denied. Plaintiff will be granted 15 days in which t...
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Michael Anthony WILLIAMS, Plaintiff v. Carroll PARRISH, Defendant. , D.Md., October 26, 2009
MEMORANDUM OPINION ROGER W. TITUS, District Judge. Pending is Defendant's Motion to Dismiss or for Summary Judgment. Paper No. 16. Plaintiff was advised of his right to file a Response in Opposition to the motion and of the consequences of failing to file a response. He has filed nothing further and the matter is ripe for consideration. Background Plaintiff alleged he was involved in an altercation with a gang member on July 28, 2008, while he was incarcerated at the Metropolitan Transition...
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James EVERETT, v. WARDEN, Defendant. , D.Md., October 26, 2009
MEMORANDUM OPINION RICHARD D. BENNETT, District Judge. On August 5, 2009, the Court received correspondence from James Everett, an inmate then housed at the Eastern Correctional Institution ("ECI"), which was construed as a complaint filed pursuant to 42 U.S.C. § 1983. Paper No. 1. Plaintiff stated that he was in fear for his safety due to threats made toward him by correctional employees and inmates at ECI. He also alleged that he was required to be housed on a medical tier but correctional ...
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Anthony M. BRYAN, Petitioner v. State of MARYLAND, Respondent. , D.Md., October 26, 2009
MEMORANDUM ANDRE M. DAVIS, District Judge. On April 21, 2009, Anthony M. Bryan, a state inmate, filed what has been construed as petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Paper No. 1. Petitioner seeks federal habeas corpus relief regarding his state court conviction. On June 19, 2009, respondents filed an answer to petitioner's application for habeas relief claiming that the petition should be dismissed as successive. Paper No. 4. Pursuant to this court's order of A...
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Charles Cecil THOMAS, Petitioner v. WARDEN MTC and the Attorney General of the State of Maryland, Respondents. , D.Md., October 26, 2009
Charles Cecil Thomas, Baltimore, MD, pro se. Edward John Kelley, Maryland Office of the Attorney General, Baltimore, MD, for Respondents. MEMORANDUM ANDRE M. DAVIS, District Judge. Before the court is respondents' answer to the petition for writ of habeas corpus asserting the petition is time-barred. Paper No. 5. Petitioner has filed a response. Paper No. 7. The court finds a hearing in this matter unnecessary. See Rule 8(a), Rules Governing Section 2254 Cases in the United States Di...
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Ernest AUBER, et al., Plaintiffs, v. Paul CALLAHAN, et al., Defendants. , D.Md., October 26, 2009
MEMORANDUM OPINION ROGER W. TITUS, District Judge. On January 15, 2008, seven pro se litigants filed a complaint seeking more than $36,000,000 from Paul Callahan and Robert Tucker (collectively, "Defendants"), two individual employees of FedEx Ground Package System, Inc. ("Fed Ex Ground"), based on their apparent dissatisfaction with "FedEx Ground." On February 27, 2009, the Court dismissed the "almost unintelligible" and "almost undecipherable complaint" because it failed to state a claim as...
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SHIELD OUR CONSTITUTIONAL RIGHTS AND JUSTICE, et al. v. Richard F. WILCHER. , D.Md., October 26, 2009
MEMORANDUM OPINION DEBORAH K. CHASANOW, District Judge. Presently pending and ready for resolution in this action are: (1) a motion to compel "an answer from defendant's attorneys" filed by Plaintiffs Shield Our Constitutional Rights and Justice ("Shield") and Qihui Huang (Paper 18); (2) a "motion for an extension to reply defendant's response (docket no. 19)" filed by Plaintiffs (Paper 21); (3) a motion to withdraw amended complaint filed by Plaintiffs (Paper 16); and (4) a motion to dismiss...
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Petitioner, v. WASHINGTON SUBURBAN SANITARY COMMISSION, Respondent. , D.Md., October 26, 2009
John Alvin Henderson, Debra Michele Lawrence, Equal Employment Opportunity Commission, Baltimore, MD, for Petitioner. Todd James Horn, Venable LLP, Baltimore, MD, for Respondent. MEMORANDUM OPINION ALEXANDER WILLIAMS, JR., District Judge. Pending before this Court is the United States Equal Employment Opportunity Commission's ("EEOC" or Petitioner) Application to Show Cause Why an Administrative Subpoena Should Not be Enforced against the Respondent, Washington Suburban Sanitary Commissi...
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Leo E. BRISBANE, Plaintiff v. WARDEN, Defendant. , D.Md., October 23, 2009
MEMORANDUM J. FREDERICK MOTZ, District Judge. The above-captioned civil rights complaint was filed on October 2, 2009, together with a motion to proceed in forma pauperis. Because he appears to be indigent, plaintiff's motion shall be granted. Plaintiff's claim concerns his alleged denial of access to courts when the Circuit Court fo r Charles County, Maryland dismissed a civil action he filed. Paper No. 1. The civil action plaintiff attempted to file concerns his claim that he was injured...
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Michael A. WILLIAMS, Plaintiff, v. James W. JOHNSON, Defendant. , D.Md., October 23, 2009
MEMORANDUM OPINION ROGER W. TITUS, District Judge. Pending is Defendant's Motion to Dismiss. (Paper No. 9.) Plaintiff was sent notification regarding his responsibility to file a Response in Opposition to the Motion, but the notice was returned to the court marked "released." (Paper Nos. 10 & 11.) For the reasons that follow, the motion shall be granted. Plaintiff alleged he was arrested on February 4, 2008, by the Baltimore County police. (Paper No. 1.) He states that upon arrival at the ...
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John Vincent BAUMGARTEN, Jr. v. UNITED STATES of America. , D.Md., October 23, 2009
MEMORANDUM CATHERINE C. BLAKE, District Judge. Pending is a petition to vacate, set-aside or correct sentence filed pro se by John Vincent Baumgarten, Jr., who is serving a 320-month sentence for conspiracy to distribute cocaine. Baumgarten challenges his sentence based on the recent expungement of two state cases used to calculate his criminal history category at sentencing. [FN1] The petition will be dismissed without prejudice for lack of jurisdiction. FN1. On January 12, 2009, the...
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Edita O. VINNITSKAYA, Plaintiff, v. CITY OF HYATTSVILLE, MARYLAND, et al., Defendants. , D.Md., October 23, 2009
MEMORANDUM OPINION ROGER W. TITUS, District Judge. Officers Kirk Pile and Suzette Johnson, and the City of Hyattsville, Maryland, have moved to dismiss, or, in the alternative, to bifurcate certain claims brought against them in a Complaint filed by Plaintiff Edita O. Vinnitskaya. Because the Plaintiff has alleged sufficient facts with respect to certain claims against Officers Pile and Johnson, but not with respect to certain claims against the City of Hyattsville, the Court will, by separat...
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CSS ANTENNA, INC. v. AMPHENOL CORP. , D.Md., October 23, 2009
MEMORANDUM CATHERINE C. BLAKE, District Judge. Now pending before the court are plaintiff's motion for leave to file an amended complaint and defendant's motion to dismiss for improper venue and lack of personal jurisdiction or, in the alternative, to transfer venue to the Eastern District of Michigan or dismiss under the doctrine of forum non conveniens. Plaintiff CSS Antenna, Inc. (hereinafter "CSS") alleges breach of contract, breach of express warranty and breach of implied warranty of fi...
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Barbara PURNELL, Plaintiff, v. SOCIAL SECURITY ADMINISTRATION, Defendant. , D.Md., October 23, 2009
MEMORANDUM OPINION WILLIAM D. QUARLES, JR., District Judge. Barbara Purnell, pro se, sued the Social Security Administration ("SSA") for improperly adjusting her benefits after an overpayment, and for fraud and intentional infliction of emotional distress. Pending is the Government's motion to dismiss for lack of subject matter jurisdiction. For the following reasons, the motion will be granted. I. Background On April 23, 2009, Purnell went to the Baltimore, Maryland office of the S...
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John Andrew NOONAN v. Mr. William COUPER, President Boa, et al. , D.Md., October 23, 2009
John Andrew Noonan, Westminster, MD, pro se. Scott Robert Wilson, Miles And Stockbridge PC, Michael S. Botsaris, Marsden Botsaris And Seledee Pabaltimore, MD, for Mr. William Couper, President Boa, et al. MEMORANDUM J. FREDERICK MOTZ, District Judge. Plaintiff has instituted this pro se action under the Fair Debt Collection Practices Act. Defendants have all filed motions to dismiss. Plaintiff has responded to the motions by filing "motions to dismiss" the defendants' motions to dis...
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William A. HAWKINS v. CITICORP CREDIT SERVICES, INC. and Margolis, Pritzker, Epstein & Blatt, P.A. , D.Md., October 23, 2009
Jason A. Ostendorf, Law Office of Jason Ostendorf LLC, Baltimore, MD, for Plaintiff. J. Preston Turner, Citifinancial, Baltimore, MD, Julia B. Strickland, Marcos D. Sasso, Stroock Stroock and Lavan LLP, Los Angeles, CA, Jeffrey N. Pritzker, Randolph Craig Baker, Margolis Pritzker Epstein & Blatt, P.A., Towson, MD, for Defendants. MEMORANDUM J. FREDERICK MOTZ, District Judge. William A. Hawkins, on behalf of himself and a class of similarly situated persons, sued Citicorp Credit Services...
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