U.S. District Courts - Virginia ©   Coverage   Help   Search Westlaw   Topic: AllBankruptcyCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnergyEnvironmental LawFamily LawFinance & BankingFirst AmendmentGovernment BenefitsGovernment ContractsHealth & MedicineImmigrationInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsMilitary LawPension & Retirement BenefitsProducts LiabilitySecurities & Blue Sky LawTransportation Patricia A. GILMAN, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Va., November 18, 2009 Eric Norman Laurenzo, Poindexter, Schorsch, Jones & Hill, P.C., Waynesboro, VA, for Plaintiff. Allyson Jozwik, Victor Pane, Office of General Counsel, SSA, Philadelphia, PA, for Defendant. FINAL ORDER SAMUEL G. WILSON, District Judge. This case was referred pursuant to 28 U.S.C. § 636(b)(1)(B) to the Honorable James G. Welsh, United States Magistrate Judge. The Magistrate Judge has filed a report recommending that an order be entered, affirming the final decision of the Commissioner, gra... JAMES RIVER MANAGEMENT COMPANY, INC., et al., Plaintiffs, v. Michael P. KEHOE, et al., Defendants. , E.D.Va., November 18, 2009 Steven K. Davidson, Emily Brooke Nestler, Jared Butcher, John F. O'Connor, Michael J. Baratz, Steptoe & Johnson, Washington, DC, John David Lovi , Lara Romansic, Steptoe & Johnson LLP, New York, NY, for Plaintiffs. Brian Emory Pumphrey, Erin Michelle Sine, McGuirewoods LLP, Christopher C. Spencer, Elizabeth Kinland Shoenfeld, O'Hagan Spencer LLP, Richmond, VA, William McCardell Furr, David Aaron Kushner, Willcox & Savage PC, Norfolk, VA, for Defendants. MEMORANDUM OPINION ROBERT E. PAYNE... UNITED STATES of America v. Lamiek DEAN, Defendant. , E.D.Va., November 18, 2009 Elizabeth Catherine Wu, U.S. Attorney Office, Richmond, VA, for United States of America. MEMORANDUM OPINION (Denying In Part and Deferring In Part Defendant's Motion to Dismiss the Indictment) HENRY E. HUDSON, District Judge. This matter is before the Court on Defendant's Motion to Dismiss the Indictment, which challenges the constitutionality of the underlying statute. The parties have filed memoranda of law in support of their respective positions, and the Court conducted a hearing on No... BOARD OF TRUSTEES, SHEET METAL WORKERS' NATIONAL PENSION FUND, et al., Plaintiffs, v. COMFORT ZONE AIR CONDITIONING & HEATING SERVICE, INC. d/b/a Comfort Zone d/b/a Comfort Zone A/C & Htg. Svc, Inc., Defendants. , E.D.Va., November 18, 2009 David Stephen Bahuriak, Jr., Jennings Sigmond PC, Philadelphia, PA, for Plaintiffs. ORDER LIAM O'GRADY, District Judge. This matter comes before the Court on a Report and Recommendation of the Magistrate Judge dated October 16, 2009 (Dkt. no. 11) recommending entry of default judgment against Defendant Comfort Zone Air Conditioning & Heating Service, Inc. ("Comfort Zone"). Defendants filed no objections to the Report and Recommendation. The Court conducted a de novo review of the evidence i... Ralph E. REPASS, Plaintiff, v. NORTHWESTERN MUTUAL LIFE INSURANCE CO., Defendant. , S.D.W.Va., November 18, 2009 John P. Anderson, Princeton, WV, for Plaintiff. James S. Crockett, Jr., Kelly B. Griffith, Spilman Thomas & Battle, Charleston, WV, for Defendant. MEMORANDUM OPINION AND ORDER DAVID A. FABER, Senior District Judge. Pending before the court are the parties' cross motions for summary judgment (docs. 31 and 33). For the reasons set forth more fully below, plaintiff's motion for summary judgment is DENIED and defendant's motion for summary judgment is GRANTED. Factual Background This civil a... James David WASHINGTON, Jr., Petitioner, v. MOUNT OLIVE CORRECTIONAL COMPLEX, Respondent. , S.D.W.Va., November 18, 2009 James David Washington, Jr., Mount Olive, WV, pro se. Dawn E. Warfield, Office of Attorney General, Charleston, WV, for Respondent. FINDINGS AND RECOMMENDATION MAURICE G. TAYLOR, JR., United States Magistrate Judge. In May of 1994, following a jury trial in the Circuit Court of Putnam County, petitioner, James David Washington, Jr., was convicted of murder in the first degree. The jury did not recommend mercy, and on July 25, 1996, petitioner was sentenced to life imprisonment without th... SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Terry L. DOWDELL, et al., Defendants. , W.D.Va., November 17, 2009 ORDER NORMAN K. MOON, District Judge. On October 26, 2009, the Receiver filed its Twenty-Eighth Interim Application for Allowance of Compensation and Expenses for Receiver ("Twenty- Eighth Application") (docket no. 830). I referred the matter, pursuant to 28 U.S.C. §§ 636(b)(1)(A), (b)(1)(B), and (b)(3), to United States Magistrate Judge B. Waugh Crigler for a report and recommended disposition. The Magistrate Judge has now issued his Report and Recommendation (docket no. 837) regarding the T... Tanya ELLIOTT o/b/o/A.P., a Minor Child, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Va., November 17, 2009 Amy Hansen Geddes, Osterhoudt Prillaman Natt Helscher Yost Maxwell & Ferguson, Roanoke, VA, for Plaintiff. Andrew Charles Lynch, Office of General Counsel, SSA, Philadelphia, PA, for Defendant. FINAL ORDER SAMUEL G. WILSON, District Judge. This case is before the court on the objection of plaintiff, Tanya Elliott O/B/O/A.P., a Minor Child, to the Magistrate Judge's report setting forth proposed findings and recommendations pursuant to 28 U.S.C. § 636(b)(1)(B). The court has reviewed pert... Benjamin Luevano BELTRAN, Petitioner, v. UNITED STATES of America, Respondent. , W.D.Va., November 17, 2009 Donald Ray Wolthuis, United States Attorneys Office, Roanoke, VA, for Plaintiff. Frederick Theodore Heblich, Jr., Federal Public Defenders Office, Charlottesillve, VA, for Defendant. REPORT AND RECOMMENDATION MICHAEL F. URBANSKI, United States Magistrate Judge. Petitioner Benjamin Luevano Beltran ("Beltran") brings this action under 28 U.S.C. § 2255, challenging his convictions and sentence for conspiring to distribute methamphetamine and multiple counts of possessing with intent to dist... Lorette M. LEMOND, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Va., November 17, 2009 Amy Hansen Geddes, Osterhoudt Prillaman Natt Helscher Yost Maxwell & Ferguson, Roanoke, VA, for Plaintiff. Andrew Charles Lynch, Office of General Counsel, Philadelphia, PA, Sara Bugbee Winn , United States Attorneys Office, Roanoke, VA, for Defendant. REPORT AND RECOMMENDATION MICHAEL F. URBANSKI, United States Magistrate Judge. Plaintiff, Lorette M. Lemond ("Lemond"), brought this action for review of the Commissioner of Social Security's ("Commissioner") decision denying her claim f... PRE HOLDING, INC., et al., Plaintiffs, v. MONAGHAN MEDICAL CORPORATION, et al., Defendants. , E.D.Va., November 17, 2009 Nichole Buck Vanderslice, Rowland Braxton Hill, IV, Christian & Barton LLP, Richmond, VA, Jonny Roy Trembath, Merchant & Gould PC, Denver, CO, for Plaintiffs. Maurice Francis Mullins, Edward Everett Bagnell, Jr., Spotts Fain PC, Richmond, VA, David Paul Lindner, Glen Peter Belvis, Mark Herbert Remus, Brinks Hofer Gilson & Lione, Chicago, IL, for Defendants. MEMORANDUM OPINION (Plaintiffs' Motion for Preliminary Injunction) HENRY E. HUDSON, District Judge. This is a patent infringemen... SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Terry L. DOWDELL, et al., Defendants. , W.D.Va., November 17, 2009 David J. Medow, John Edward Birkenheier, Securities and Exchange Commission, Chicago, IL, Jean Barrett Hudson, United States Attorneys Office-Charlottesville, Charlottesville, VA, for Plaintiff. Andrew M. Friedman, Robert D. Luskin, Patton Boggs, L.L.P., Bryan B. House, Juliet D. Hiznay, Michael D. Wolk, Foley & Lardner, Washington, DC, for Defendants. ORDER NORMAN K. MOON, District Judge. On October 26, 2009, the Receiver filed its Eighth Interim Application for Allowance of Compensatio... Carl WATKINS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Va., November 17, 2009 Lewey Keith Lee, Lee & Phipps, P.C., Wise, VA, for Plaintiff. Victor Pane, Robert W. Kosman, Office of General Counsel, SSA, Philadelphia, PA, for Defendant. MEMORANDUM OPINION GLEN M. WILLIAMS, Senior District Judge. In this social security case, I will affirm the decision of the Commissioner denying benefits. I. Background and Standard of Review The plaintiff, Carl Watkins, ("Watkins"), filed this action challenging the final decision of the Commissioner of Social Security, ("Commiss... UNITED STATES of America, Plaintiff, v. Lance Eric APPLEWHITE, Defendant. , N.D.W.Va., November 17, 2009 ORDER ADOPTING THE MAGISTRATE JUDGE'S OPINION AND REPORT AND RECOMMENDATION [DKT. NO. 76], AND DENYING THE DEFENDANT'S PRO SE MOTION FOR DISMISSAL OF INDICTMENT [DKT. NO. 56] IRENE M. KEELEY, District Judge. On August 5, 2009, the defendant, Lance Applewhite ("Applewhite") filed a pro se Motion for Dismissal of Indictment, arguing that he suffered actual prejudice because his Sixth Amendment right to a speedy trial and Due Process rights were violated by the undue delay in the government's p... John Edward DAVIS, Petitioner, v. UNITED STATES of America, Respondent. , W.D.Va., November 17, 2009 Donald Ray Wolthuis, United States Attorneys Office, Roanoke, VA, for Petitioner. 2255 MEMORANDUM OPINION JAMES C. TURK, Senior District Judge. John Edward Davis, an inmate held at Beckley, West Virginia and proceeding pro se, brings this action as a motion to vacate his conviction pursuant to 28 U.S.C. § 2255. Davis asserts that his rights under the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution were violated because (1) his attorney provided ineffective assistance of counsel... UNITED STATES of America v. Branden Altomorre WHITE, Defendant. , W.D.Va., November 17, 2009 Ronald Mitchell Huber, United States Attorneys Office, Charlottesville, VA, for Plaintiff. Frederick Theodore Heblich, Jr., Federal Public Defenders Office, Charlottesville, VA, for Defendant. MEMORANDUM OPINION NORMAN K. MOON, District Judge. This matter is before the Court on Defendant Branden White's Motion to Suppress Evidence (docket no. 21). For the reasons set forth in the following Memorandum Opinion, the Defendant's Motion to Suppress Evidence will be DENIED in an Order, to foll... Larry L. KOGER, Plaintiff, v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant. , S.D.W.Va., November 16, 2009 James L. Farina, Hoey & Farina, Chicago, IL, Kerry A. Nessel, Huntington, WV, for Plaintiff. Fred Adkins, Melissa Foster Bird, J. Jarrod Jordan, Huddleston Bolen, Huntington, WV, for Defendant. MEMORANDUM OPINION AND ORDER DAVID A. FABER, Senior District Judge. Pending before the court is defendant's motion in limine to exclude the physical limitations assigned to plaintiff by Dr. Robert Kropac. (Doc. # 91). At the final settlement conference on November 16, 2009, the parties agreed that... Katrina WHITT and Ikie Estepp, Plaintiffs, v. John DOE and Fearless Leasing, Inc., Defendants. , S.D.W.Va., November 16, 2009 MEMORANDUM OPINION AND ORDER DAVID A. FABER, Senior District Judge. Pending before the court is defendants' motion to dismiss plaintiffs' claim for loss of consortium. (Doc. No. 3.) For the reasons set forth below, the court grants the motion. I. Background Plaintiffs Katrina Whitt and Ikie Estepp initiated this action in the Circuit Court of Mingo County, West Virginia, on May 8, 2009. (Doc. No. 1 Ex. 1.) Ms. Whitt alleges injuries arising from an October 8, 2007, automobile accident near ... Gloria J. GOFF, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , W.D.Va., November 16, 2009 Gloria J. Goff, Fieldale, VA, pro se. Allyson Jozwik, Office of General Counsel, SSA, Philadelphia, PA, for Defendant. REPORT AND RECOMMENDATION B. WAUGH CRIGLER, United States Magistrate Judge. This challenge to a final decision of the Commissioner which denied plaintiff's August 14, 2006 claim for a period of disability and disability insurance benefits under the Social Security Act ("Act"), as amended, 42 U.S.C. §§ 416, 423 is before this court under authority of 28 U.S.C. § 636(b)(1)... UNITED STATES of America v. Matthew James RUSSO. , E.D.Va., November 16, 2009 Samuel Eugene Fishel, IV, Office of the Attorney General, Richmond, VA, for United States of America. MEMORANDUM OPINION ROBERT E. PAYNE, Senior District Judge. This matter is before the Court on the Defendant Matthew James Russo's Motion for Judgment of Acquittal, or, in the Alternative, Motion for New Trial (Docket No. 22). For the reasons set forth below, the motion will be denied. STATEMENT OF FACTS As established at trial, the facts are as follows. An Agent for Immigration and Custom... Tammy BURDETTE, Plaintiff, v. ADVANCED TELEMARKETERS CORP., d/b/a Aegis, Defendant. , N.D.W.Va., November 16, 2009 Laverne Sweeney, Grafton, WV, for Plaintiff. Barbara G. Arnold, Maccorkle, Lavender, Casey & Sweeney, PLLC, Charleston, WV, for Defendant. ORDER/OPINION DECIDING MOTIONS FOR SUMMARY JUDGMENT I. Procedural History JOHN S. KAULL, United States Magistrate Judge. Plaintiff, Tammy Burdette [hereinafter sometimes referred to as "Burdette" or "Plaintiff"], filed her civil complaint against Defendant, Advanced Telemarketing Corporation, dba Aegis Communications Group [hereinafter sometimes refe... Keith Learie ALLEN, Petitioner, v. Warden Joel J. ZIEGLER, Respondent. , N.D.W.Va., November 16, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 14] AND GRANTING RESPONDENT'S MOTION TO DISMISS, OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT [DKT. NO. 10] IRENE M. KEELEY, District Judge. On June 12, 2009, pro se petitioner, Keith Learie Allen ("Allen"), filed a petition for habeas corpus pursuant to 28 U.S.C. § 2241. The Court referred this matter to United States Magistrate Judge James E. Seibert for initial screening and a report and recommendation in accordance with Local Rule of Priso... Anthony JONES, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Va., November 16, 2009 ORDER HENRY E. HUDSON, District Judge. This matter is before the Court on the Report and Recommendation of the Magistrate Judge (R & R) entered on October 19, 2009. The time to file objections has expired and neither party has objected to the R & R. Having considered the matter and deeming it otherwise proper and just to do so, it is hereby ORDERED: (1) The Report and Recommendation of the Magistrate Judge is ACCEPTED and ADOPTED as the OPINION of the Court. (2) Plaintiffs Motion for ... Carol Owens POLLOCK, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , N.D.W.Va., November 16, 2009 Michael G. Miskowiec, Charleston, WV, for Plaintiff. Helen Campbell Altmeyer, U.S. Attorney's Office, Wheeling, WV, for Defendant. ORDER ROBERT E. MAXWELL, District Judge. The above-styled matter is before the Court for consideration of the Report and Recommendation of United States Magistrate Judge James E. Seibert. Magistrate Judge Seibert filed his Report and Recommendation on October 16, 2009, wherein the parties were directed, in accordance with 28 U.S.C. § 636(b)(1), to file with t... UNITED STATES of America v. Rodney T. HOFFMAN. , S.D.W.Va., November 16, 2009 Perry D. McDaniel, Esquire, Special Assistant United States Attorney, Charleston, WV, for United States of America. David R. Bungard, Esquire, Assistant Federal Public Defender, Charleston, WV, for Defendant. MEMORANDUM OPINION AND ORDER R. CLARKE VanDERVORT, United States Magistrate Judge. On September 23, 2009, the United States filed a two-Count Indictment charging Defendant with knowingly storing and causing the storage of hazardous waste without a permit in violation of the Resource... Christina HILL, Plaintiff, v. H. Lee NOBLE, et al., Defendants. , W.D.Va., November 16, 2009 Robert P. Starnes, Starnes & Glenn, Kingsport, TN, for Plaintiff. Henry S. Keuling-Stout, Keuling-Stout, P.C., Big Stone Gap, VA, for Defendants H. Lee Noble, Major Matthew Pilkenton, and Lynn Lowe. J. Michael Parsons, Assistant Attorney General of Virginia, Richmond, Virginia, for Defendants Gene M. Johnson, Fred Schilling, and Barbara J. Wheeler; and Elizabeth M. Muldowney, Rawls & McNelis, PC, Richmond, VA, for Defendant Prison Health Services, Incorporated. OPINION AND ORDER JAMES P.... UNITED STATES of America v. Randall B. MULLINS, Defendant. , W.D.Va., November 16, 2009 Randy Ramseyer, Assistant United States Attorney, Abingdon, VA, for United States. Daniel W. Fast, Wise, VA, for Defendant. OPINION AND ORDER JAMES P. JONES, Chief Judge. In this criminal case, the defendant objects to restitution being ordered, as requested by the government. For the following reasons, I will order restitution, but in an amount less than sought by the government. I Patricia Regina Mullins, the wife of defendant Randall B. Mullins, pleaded guilty to concealing an ev... Yolanda WILLIAMS, Plaintiff, v. AUTOZONE STORES, INC., et al., Defendants. , E.D.Va., November 13, 2009 OPINION JAMES R. SPENCER, Chief Judge. THIS MATTER is before the Court on defendant Willie Pugh's Partial Motion to Dismiss plaintiff Yolanda Williams' Complaint. (Doc. No. 20.) Pugh contends that Williams' claim of tortious interference must be dismissed because under Virginia law an agent cannot interfere with a principal's contract. (Pugh's Mem. of Law., 3.) For the reasons set forth below, the Motion is denied. I. STATEMENT OF FACTS In resolving this Motion, the Court shall accept as tr... Reber TAHA, et al., Plaintiffs, v. L3 COMMUNICATIONS CORPORATION, et al., Defendants. , E.D.Va., November 13, 2009 Michael Green, Margolis Pritzkerepstein & Blatt PA, Towson, MD, for Plaintiffs. John Francis Scalia, Matthew H. Sorensen, Greenberg Traurig LLP, McLean, VA, for Defendants. MEMORANDUM OPINION JAMES C. CACHERIS, District Judge. This matter is before the Court on Defendants' Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiffs have filed a Complaint alleging violations of the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., along with a number of non-federa... Loretta Boyd WILLIAMS, Plaintiff, v. FAMILY SERVICE OF ROANOKE VALLEY, Defendant. , W.D.Va., November 13, 2009 Loretta Boyd Williams, Roanoke, VA, pro se. Linda Leigh Rhoads Strelka, Todd A. Leeson, Gentry Locke Rakes & Moore, Roanoke, VA, for Defendant. MEMORANDUM OPINION SAMUEL G. WILSON, District Judge. This is an action by plaintiff, Loretta Boyd Williams, claiming that her former employer, Family Service of Roanoke Valley ("FSRV"), discriminated against her on account of her age in violation of the Age Discrimination in Employment Act (ADEA) of 1967, 29 U.S.C. § 621 et seq., and on account o... UNITED STATES of America, v. Calvin IBERSON, Defendant. , W.D.Va., November 13, 2009 Zachary T. Lee, Assistant United States Attorney, Abingdon, VA. Calvin Iberson, Pro Se Defendant. OPINION AND ORDER JAMES P. JONES, Chief Judge. In this Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C.A. § 2255 (West Supp.2009), the defendant Iberson asserts (1) that a sentence enhancement based on his prior state conviction was erroneously applied in this case and (2) that counsel failed to file a notice of appeal after Iberson asked him to do so. The government h... Leonard O. POWERS, Plaintiff v. EQUITABLE PRODUCTION COMPANY, etc., Defendant. , W.D.Va., November 13, 2009 Leonard O. Powers, Weippe, ID, pro se. Scott W. Mullins, Scott W. Mullins, P.C., Coeburn, VA, for Defendant. ORDER GLEN M. WILLIAMS, Senior District Judge. This case is currently before the court on the defendant's motion to dismiss, (Docket Item No. 7). This case was referred, pursuant to 28 U.S.C. § 636(b)(1)(B), to the Honorable Pamela Meade Sargent, United States Magistrate Judge. On October 8, 2009, the Magistrate Judge entered a report and recommendation, (Docket Item No. 16), ("th... Leonard O. POWERS, Plaintiff v. EQUITABLE PRODUCTION COMPANY, etc., Defendant. , W.D.Va., November 13, 2009 Leonard O. Powers, Weippe, ID, pro se. Scott W. Mullins, Scott W. Mullins, P.C., Coeburn, VA, for Defendant. ORDER GLEN M. WILLIAMS, Senior District Judge. This case is currently before the court on the plaintiff's motion for summary judgment, (Docket Item No. 13). This case was referred, pursuant to 28 U.S.C. § 636(b)(1)(B), to the Honorable Pamela Meade Sargent, United States Magistrate Judge. On October 26, 2009, the Magistrate Judge entered a report and recommendation, (Docket Item N... Pamela O. SIZEMORE, Plaintiff v. SOUTHWEST VIRGINIA REGIONAL JAIL AUTHORITY, et al., Defendants. , W.D.Va., November 13, 2009 Benjamin Gerald Sharp, Gerald F. Sharp, P.C., Jay Hanson Steele, Lebanon, VA, for Plaintiff. Jim H. Guynn, Jr., Susan A. Waddell, Guynn Memmer & Dillon, P.C., Salem, VA, for Defendants. ORDER GLEN M. WILLIAMS, Senior District Judge. This case is currently before the court on the motion of the defendant, Southwest Virginia Regional Jail Authority, ("SWVRJA"), for summary judgment, (Docket Item No. 26). This case was referred, pursuant to 28 U.S.C. § 636(b)(1)(B), to the Honorable Pamela M... Richard Lee HAMMETT, D.V.M., Plaintiff, v. Andrea SIEG, Defendant. , W.D.Va., November 13, 2009 Richard Lee Hammett, DVM, Edinburg, VA, pro se. Andrea Sieg, Jackson, SC, pro se. REPORT AND RECOMMENDATION JAMES G. WELSH, United States Magistrate Judge. I Statement of the Case This civil action was initially filed in the Circuit Court of Shenandoah County, Virginia, by Richard Hammett, appearing pro se. Seeking money damages and a printed "retraction," the plaintiff alleged that the defendant, Andrea Sieg, had wilfully and maliciously defamed him and undertaken to injure him in his re... Shirlean MEADE and Elmer Meade, Plaintiffs, v. Deidre E. PARSLEY, D.O.; Wyeth, Inc., doing business as Wyeth; Schwartz Pharma, Inc.; Pliva, Inc.; and John Doe Defendants # 1-6, Defendants. , S.D.W.Va., November 13, 2009 Daniel J. McGlynn, McGlynn Glisson & Mouton, Baton Rouge, LA, Madonna C. Estep, William S. Druckman, Law Offices of William S. Druckman, Charleston, WV, William B. Curtis, Miller Curtis & Weisbrod, Dallas, TX, for Plaintiffs. D.C. Offutt, Jr., Kameron T. Miller, Sonja C. Vital, Offutt Nord, Huntington, WV, Jeffrey R. Pilkington, Davis Graham & Stubbs, Denver, CO, Thomas R. Goodwin, W. Jeffrey Vollmer, Goodwin & Goodwin, Debra C. Price, William Scott Wickline, Allen Guthrie & Thomas, Charlesto... Loretta Boyd WILLIAMS, Plaintiff, v. FAMILY SERVICE OF ROANOKE VALLEY, Defendant. , W.D.Va., November 13, 2009 Loretta Boyd Williams, Roanoke, VA, pro se. Linda Leigh Rhoads Strelka, Todd A. Leeson, Gentry Locke Rakes & Moore, Roanoke, VA, for Defendant. MEMORANDUM OPINION SAMUEL G. WILSON, District Judge. This is an action by plaintiff, Loretta Boyd Williams, claiming that her former employer, Family Service of Roanoke Valley ("FSRV"), discriminated against her on account of her age in violation of the Age Discrimination in Employment Act (ADEA) of 1967, 29 U.S.C. § 621 et seq., and on account o... Larry L. KOGER, Plaintiff, v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant. , S.D.W.Va., November 12, 2009 James L. Farina, Hoey & Farina, Chicago, IL, Kerry A. Nessel, Huntington, WV, for Plaintiff. Fred Adkins, Melissa Foster Bird, J. Jarrod Jordan, Huddleston Bolen, Huntington, WV, for Defendant. MEMORANDUM OPINION AND ORDER DAVID A. FABER, Senior District Judge. Pending before the court are (1) plaintiff's motion in limine to bar any evidence, interrogation, or argument regarding plaintiff's alleged comparative negligence and (2) defendant's motion in limine to preclude plaintiff from ref... Marilyn POWELL, Plaintiff, v. FEDERAL BUREAU OF PRISONS, Defendant. , S.D.W.Va., November 12, 2009 Marilyn Powell, Alcoa, TN, pro se. MEMORANDUM OPINION AND ORDER DAVID A. FABER, Senior District Judge. By Standing Order entered August 1, 2006, and filed in this case on July 20, 2007, this matter was referred to United States Magistrate Judge R. Clarke VanDervort. Pursuant to 28 U.S.C. § 636(b), the Standing Order directs Magistrate Judge VanDervort to submit proposed findings and recommendation concerning the disposition of this matter. Magistrate Judge VanDervort submitted his Proposed ... UNITED STATES of America v. Bryant HOLLOWAY also known as "BU". , S.D.W.Va., November 12, 2009 Stephanie L. Haines, U.S. Attorney's Office, Huntington, WV, for United States of America. David O. Schles, Charleston, WV, for Bryant Holloway also known as BU. MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS, District Judge. Pending is Bryant. Holloway's Motion for Modification of Term of Imprisonment (Doc. 506) for the reasons explained below, the motion is DENIED. Through his motion, Mr. Holloway requests the Court reduce his term of imprisonment. His principle argument for reduction... Donald R. WARTH, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , S.D.W.Va., November 12, 2009 Rose A. Cyrus, Greiner & Cyrus, Huntington, WV, for Plaintiff. Michael McGaughran, Social Security Administration Office of General Counsel, Philadelphia, PA, Stephen M. Horn, U.S. Attorney's Office, Charleston, WV, for Defendant. MEMORANDUM ORDER MAURICE G. TAYLOR, JR., United States Magistrate Judge. In this action, filed under the provisions of 42 U.S.C. §§ 405(g) and 1383(c)(3), plaintiff seeks review of the final decision of the Commissioner of Social Security denying his applicatio... Connie DEVORE and Carol Devore, Plaintiffs, v. C.R. BARD, INC., Defendant. Lorenna Hankins, Plaintiff, v. C.R. Bard, Inc., Defendant. Kim Roe and Bert Roe, Plaintiffs, v. C.R. Bard, Inc., Defendant. Sherry Perry and Jerry Perry, Plaintiffs, , S.D.W.Va., November 12, 2009 MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS, District Judge. On November 9, 2009, the Court held a hearing on Plaintiffs' Motions to Amend the Complaint and Remand in each of the above-styled cases. Although these cases are not consolidated, they involve similar issues and the pending motions are substantially the same. Therefore, the Court finds it appropriate to rule upon the motions in a single Memorandum Opinion and Order and DIRECTS the Clerk to enter it in each case. All the acti... Troy M. WILLIAMS, Plaintiff, v. UNITED STATES of America, Defendant. , S.D.W.Va., November 12, 2009 Troy M. Williams, Fort Dix, NJ, pro se. Charles T. Miller, U.S. Attorney's Office, Charleston, WV, for Defendant. ORDER JOSEPH R. GOODWIN, Chief Judge. Pending before the court is the defendant's Motion entitled "Hazel-Atlas Action to Vacate Judgment Obtained through Fraud Upon the Court" [Docket 176]. This action was referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for submission to this court of proposed findings of fact and recommendation for disposition ("PF... Darius Quinard CARLISLE, Movant, v. UNITED STATES of America, Respondent. , S.D.W.Va., November 12, 2009 Darius Quinard Carlisle, Lisbon, OH, pro se. Charles T. Miller, U.S. Attorney's Office, Charleston, WV, for Respondent. MEMORANDUM OPINION AND ORDER DAVID A. FABER, Senior District Judge. Pending before the court is movant's document entitled "Relief from Judgment and Order Under Federal Rules of Civil Procedure, Rule 60(b)." (Doc. No. 176.) By Standing Order entered August 1, 2006, and filed in this case on May 13, 2009, this matter was referred to United States Magistrate Judge Mary E.... Mayfield HOPE, Plaintiff, v. Gene M. JOHNSON, et al., Defendants. , E.D.Va., November 12, 2009 Mayfield Hope, Burkeville, VA, pro se. MEMORANDUM OPINION RICHARD L. WILLIAMS, District Judge. Plaintiff, a Virginia inmate proceeding in forma pauperis, filed this pro se civil rights action pursuant to 42 U.S.C. § 1983. On April 22, 2009, Plaintiff filed an amended complaint, which supplanted his original complaint. Plaintiff's amended complaint fails to comply with Federal Rule of Civil Procedure 8(a)(2) and 20(a). I. The July 7, 2009 Memorandum Order Specifically, by Memorandum Order ... Catherine KIDD, Plaintiff, v. WAL-MART STORES, INC., et al., Defendants. , E.D.Va., November 12, 2009 William Palmer Hanson, Jr., Philip Steward Marstiller, Jr., Michael Williams Wayne Lantz, Emroch & Kilduff LLP, Richmond, VA, for Plaintiff. Donald Cameron Beck, Jr., Joseph Michael Moore, Morris & Morris, Richmond, VA, for Defendants. MEMORANDUM OPINION M. HANNAH LAUCK, United States Magistrate Judge. Before the Court is Plaintiff Catherine Kidd's Motion in Limine to Exclude Testimony on the Part of Defendants' Experts. (Docket No. 38). On November 5, 2009, Defendant Wal-Mart Stores, In... Kenneth Edward CHANCE, Jr., Plaintiff, v. Jim SPEARS, et al., Defendants. , S.D.W.Va., November 10, 2009 Kenneth Edward Chance, Jr., Mt. Olive, WV, pro se. Christopher J. Sears, Shuman McCuskey & Slicer, Charleston, WV, Philip C. Petty, Rose Padden & Petty, Fairmont, WV, for Defendants. MEMORANDUM OPINION DAVID A. FABER, Senior District Judge. Before the court is the First Amended Complaint of plaintiff, an inmate at Mount Olive Correctional Complex ("MOCC"). (Doc. No. 55 .) Plaintiff alleges various Eighth Amendment claims, as well as a Fourteenth Amendment Equal Protection claim relating ... Shannon M. TUSTIN, Plaintiff, v. MOTORISTS MUTUAL INSURANCE COMPANY, Defendant. , N.D.W.Va., November 10, 2009 Anthony I. Werner, Bachmann, Lester C. Hess, Jr., Hess, Bachmann & Garden, PLLC, Wheeling, WV, for Plaintiff. Jason P. Pockl, Thomas E. Buck, Bailey & Wyant, PLLC, Wheeling, WV, for Defendant. MEMORANDUM OPINION AND ORDER CONFIRMING THE PRONOUNCED ORDER OF THE COURT DENYING THE DEFENDANT'S MOTION TO SEAL THE COURT FILE; GRANTING IN PART AND DENYING IN PART THE DEFENDANT'S MOTION TO SEAL SPECIFIC DOCUMENTS IN THE FILE; DENYING THE DEFENDANT'S MOTION TO VACATE THE OCTOBER 14, 2009 ORDER OF MA... RALEIGH RADIOLOGY, INC., Plaintiff, v. EGGLESTON & EGGLESTON, P.C., et al., Defendants. , W.D.Va., November 10, 2009 Travis A. Sabalewski, Reed Smith LLP, Richmond, VA, for Plaintiff. Christopher W. Stevens, Woods Rogers PLC, Roanoke, VA, John Otto Easton, Jordan, Coyne & Savits, L.L.P., Fairfax, VA, for Defendants. MEMORANDUM OPINION GLEN E. CONRAD, District Judge. Raleigh Radiology, Inc. ("RRI") filed this diversity action against Eggleston & Eggleston, P.C. ("E & E"), Richard B. Eggleston IV, and Patrcia E. Eggleston on August 6, 2009. The complaint asserts six claims. The case is presently before t... Charles ASHWORTH, Plaintiff, v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant. , W.D.Va., November 10, 2009 MEMORANDUM OPINION JACKSON L. KISER, Senior District Judge. Before me is the Report and Recommendation of the United States Magistrate Judge recommending that the Defendant's Motion for Summary Judgment be granted and the Commissioner's final decision be affirmed. The Plaintiff filed objections to the Magistrate's Report and Recommendation. I have reviewed the Magistrate Judge's recommendation, Plaintiff's objections, and relevant portions of the record. The matter is now ripe for decision. F... Larry L. KOGER, Plaintiff, v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant. , S.D.W.Va., November 10, 2009 James L. Farina, Hoey & Farina, Chicago, IL, Kerry A. Nessel, Huntington, WV, for Plaintiff. Fred Adkins, Melissa Foster Bird, J. Jarrod Jordan, Huddleston Bolen, Huntington, WV, for Defendant. MEMORANDUM OPINION AND ORDER DAVID A. FABER, Senior District Judge. Pending before the court is plaintiff's motion in limine to bar the testimony of Dr. David Santrock and Dr. Jeffrey Greenberg. Plaintiff objects to allowing the testimony of both doctors, arguing that they were not timely disclose... Ronald Lee BROWN, Petitioner, v. Gene M. JOHNSON, Director of the Virginia Department of Corrections, Respondent. , E.D.Va., November 10, 2009 Ronald Lee Brown, Jarratt, VA, pro se. Donald Eldridge Jeffrey, III, Office of the Attorney General, Richmond, VA, for Respondent. FINAL ORDER REBECCA BEACH SMITH, District Judge. This matter was initiated by petition for a writ of habeas corpus under 28 U.S.C. § 2254. The petition alleges violation of federal rights pertaining to Petitioner's conviction on January 29, 2007, in the Circuit Court for the City of Portsmouth, Virginia, for one (1) count of possession with intent to distrib... BRETON, LLC, et al., Plaintiffs, v. GRAPHIC ARTS MUTUAL INSURANCE COMPANY, et al., Defendants. , E.D.Va., November 10, 2009 C. Thomas Brown, Silver & Brown, Fairfax, VA, for Plaintiffs. Brian John Gerling, Michael Scott Levine, Hunton & Williams LLP, McLean, VA, Cathy Ann Hinger, Womble Carlyle Sandridge & Rice PLLC, Washington, DC, for Defendants. MEMORANDUM OPINION ANTHONY J. TRENGA, District Judge. On December 2, 2007, a fire destroyed warehouse properties owned by the Plaintiffs Breton, LLC, Herman Ward, Inc., and B & H Management Company [FN1] (collectively referred to as "Breton" or "Plaintiffs") and i... WESTWIND ACQUISITION CO. LLC, et al., Plaintiff, v. UNIVERSAL WEATHER AND AVIATION, INC., Defendant. , E.D.Va., November 9, 2009 Timothy John Lynes, Mandie Elizabeth Landry, Katten Muchin Rosenman LLP, Washington, DC, for Plaintiff. Cynthia Kaplan Revesman, Law Office of Cynthia Kaplan Revesman PLC, Fairfax, VA, for Defendant. MEMORANDUM OPINION T.S. ELLIS, III, District Judge. In this diversity declaratory judgment action, plaintiffs seek a declaration invalidating liens on plaintiffs' aircraft, liens defendant claims it has as a result of a Texas statute authorizing liens in favor of unpaid providers of aircraft... William P. AGEE, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Va., November 9, 2009 Roger W. Rutherford, Wolfe Williams Rutherford & Reynolds, Norton, VA, for Plaintiff. Allyson Jozwik, Office of General Counsel, SSA, Philadelphia, PA, for Defendant. OPINION JAMES P. JONES, Chief Judge. The plaintiff in this social security case seeks an award of attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C.A. § 2412(d) (West 2006). I will award such fees, but in a lesser amount than requested. I The plaintiff filed suit in this court to obtain a revi... Samuel L. CHAPMAN, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Va., November 9, 2009 Roger W. Rutherford, Wolfe Williams Rutherford & Reynolds, Norton, VA, for Plaintiff. Kenneth Divito, Taryn Faith Jasner, Office of General Counsel, SSA, Philadelphia, PA, for Defendant. OPINION JAMES P. JONES, Chief Judge. The plaintiff in this social security case seeks an award of attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C.A. § 2412(d) (West 2006). I will award such fees, but in a lesser amount than requested. I The plaintiff filed suit in this co... Terry COX, Plaintiff, v. BABCOCK & WILCOX CONSTRUCTION CO., INC. and The Ohio Power Company d/b/a American Electric Power, Defendants. , N.D.W.Va., November 9, 2009 Jacob M. Robinson, Sr., Robinson Law Offices, Wheeling, WV, for Plaintiff. William R. Slicer, Shuman, McCuskey & Slicer, PLLC, Charleston, WV, Jeffrey A. Grove, Bachmann, Hess, Bachmann & Garden, PLLC, Wheeling, WV, for Defendants. MEMORANDUM OPINION AND ORDER DENYING DEFENDANT OHIO POWER COMPANY'S MOTION TO DISMISS, DENYING DEFENDANT BABCOCK & WILCOX CONSTRUCTION CO.'S MOTION TO DISMISS AND GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE A SURREPLY TO DEFENDANT OHIO POWER COMPANY'S REPLY TO... Robin L. GOLDSMITH, Plaintiff, v. Fred QUEEN, Facilities Maintenance Instructor, Pruntytown Correctional Center, Jim Ielapi, Warden, Pruntytown Correctional Center, D.O. David Proctor, Huttonsville Correctional Center, Wexford Health Sources, Teres, N.D.W.Va., November 9, 2009 Robin L. Goldsmith, Philippi, WV, pro se. Thomas E. Buck, Bailey & Wyant, PLLC, Wheeling, WV, Philip C. Petty, Rose, Padden & Petty, LC, Fairmont, WV, for Defendants. MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE FREDERICK P. STAMP, JR., District Judge. I. Background The pro se [FN1] plaintiff, Robin L. Goldsmith, commenced this civil action by filing a complaint pursuant to 42 U.S.C. § 1983, in which he alleges that he was not given saf... Sara WHITE, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , N.D.W.Va., November 9, 2009 Regina L. Carpenter, Susan Kipp McLaughlin, McLaughlin & Carpenter, PLLC, Fairmont, WV, for Plaintiff. Helen Campbell Altmeyer, U.S. Attorney's Office, Wheeling, WV, for Defendant. MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE FREDERICK P. STAMP, JR., District Judge. I. Background The plaintiff, Sara White, filed an application for supplemental security income ("SSI") under Title XVI of the Social Security Act, alleging disability beginn... Prucencio MARTINEZ, Plaintiff, v. RESOURCE BANK, FSB, et al., Defendants. , E.D.Va., November 9, 2009 Rachael Anne Hammer, Pesante & Mackin, Washington, DC, for Plaintiff. Christopher Michele Corchiarino, Goodell Devries Leech & Dann LLP, Baltimore, MD, for Defendants. MEMORANDUM OPINION JAMES C. CACHERIS, District Judge. This matter is before the Court on Defendant MBH Settlement Group, L.C.'s ("MBH's" or "Defendant's) Motion to Dismiss Plaintiff Prucencio Martinez's ("Martinez's" or "Plaintiff's") complaint ("Complaint") for failure to state a claim pursuant to Federal Rule of Civil Pr... Thaxter WHITAKER, Petitioner, v. Patricia R. STANSBERRY, Respondent. , E.D.Va., November 9, 2009 Thaxter Whitaker, Petersburg, VA, pro se. Robert P. McIntosh, United States Attorney's Office, Richmond, VA, for Respondent. MEMORANDUM OPINION M. HANNAH LAUCK, United States Magistrate Judge. Petitioner, a federal inmate proceeding pro se, submitted this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. [FN1] (Docket No. 1.) Whitaker contends: (1) that he is entitled to habeas relief in the form of a one-year reduction of his prison term upon completion of a Residential... Marquis D. DAVIS, Petitioner, v. Warden STANSBERRY, Respondent. , E.D.Va., November 9, 2009 Marquis D. Davis, Petersburg, VA, pro se. Virginia Lynn Van Valkenburg, United States Attorney Office, Norfolk, VA, for Respondent. FINAL ORDER REBECCA BEACH SMITH, District Judge. This matter was initiated by petition for a writ of habeas corpus under 28 U.S.C. § 2241. The petition alleges an incorrect computation of petitioner's sentence regarding time served in federal and state custody pertaining to petitioner's conviction for interference with commerce by threats or violence, in th... Michelle Moss ETLIN, Petitioner, v. UNKNOWN, Respondent. , E.D.Va., November 9, 2009 Michelle Moss Etlin, Kensington, MD, pro se. MEMORANDUM OPINION JAMES C. CACHERIS, District Judge. Michelle Moss Etlin, a Maryland resident acting pro se, has filed a Petition for Writ of Error Coram Nobis ... and/or Alternative Pleas to the Court's Jurisdiction, seeking various forms of relief from the dismissal of her pro se application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in Eastern District of Virginia case number 1:89cv0527-A, and from the obligations imposed upon h... Gary B. WILLIAMS, Plaintiff, v. Captain MASKELONY, et al., Defendants. , E.D.Va., November 9, 2009 Gary B. Williams, Suffolk, VA, pro se. MEMORANDUM OPINION RICHARD L. WILLIAMS, District Judge. Plaintiff, a Virginia inmate, submitted this action and requested leave to proceed in forma pauperis. Plaintiff has at least three actions or appeals that were dismissed as frivolous, malicious, or for failure to state a claim upon which relief could be granted. See e.g., Williams v. Vliet, 3:05cv621 (E.D. Va. June 8, 2006); Williams v. Cavedo, 3:05cv842 (E.D.Va. Feb. 23, 2006); Williams v. City o... Frank L. HINTON, Petitioner, v. WARDEN, UNITED STATES PENITENTIARY-HAZELTON, Respondent. , N.D.W.Va., November 9, 2009 Frank L. Hinton, United States Penitentiary - Hazelton, Bruceton Mills, WV, pro se. Daniel W. Dickinson, Jr., Rita R. Valdrini, U.S. Attorney's Office, Wheeling, WV, for Respondent. ORDER ROBERT E. MAXWELL, District Judge. It will be recalled that on October 22, 2009, Magistrate Judge James E. Seibert filed his Report and Recommendation, wherein the parties were directed, in accordance with 28 U.S.C. § 636(b)(1), to file with the Clerk of Court any written objections within ten (10) days... Regina A. WILLIAMS, Plaintiff, v. BASIC CONTRACTING SERVICES, INC., Defendant. , S.D.W.Va., November 9, 2009 Karen B. Kostol, Beckley, WV, for Plaintiff. A. Patricia Diulus-Myers, Jackson Lewis, Pittsburgh, PA, for Defendant. MEMORANDUM OPINION AND ORDER THOMAS E. JOHNSTON, District Judge. Before the Court is Defendant Basic Contracting Services Inc.'s Motion for Judgment on the Pleadings or, in the Alternative, Motion for Summary Judgment [Docket 17]. I. BACKGROUND This action concerns the allegedly unlawful termination of Plaintiff Regina Williams by her former employer, Defendant Basic Con... Troy Atera BROWN, Petitioner, v. GENE M. JOHNSON, Respondent. , W.D.Va., November 9, 2009 MEMORANDUM OPINION SAMUEL G. WILSON, District Judge. Petitioner Troy Atera Brown, a Virginia inmate proceeding pro se, has filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his 1997 convictions and sentence in the Lynchburg City Circuit Court. Brown alleges that he is actually innocent and that counsel provided ineffective assistance on several grounds. The court finds that Brown's petition is untimely and that there are no grounds for equitable tolling. ... UNITED STATES of America, v. Domingo Barrerra ROJAS. , W.D.Va., November 9, 2009 2255 MEMORANDUM OPINION SAMUEL G. WILSON, District Judge. This matter is before the court on Domingo Barrera Rojas' "attempt motion for consideration" in which he seeks leave to file an untimely motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. Although Rojas' motion was initially docketed as a § 2255 motion, upon further review and consideration, the court finds that his instant motion should not be considered under § 2255, and therefore, dismisses the § 2255 act... Donald R. WHITE, Jr., Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , S.D.W.Va., November 6, 2009 MEMORANDUM ORDER MAURICE G. TAYLOR, JR., United States Magistrate Judge. In this action, filed under the provisions of 42 U.S.C. §§ 405(g) and 1383(c)(3), plaintiff seeks review of the final decision of the Commissioner of Social Security denying his applications for disability insurance benefits and supplemental security income based on disability. The case is presently pending before the Court on cross-motions of the parties for judgment on the pleadings and plaintiff's motion to remand. ... David C. CORSON, Plaintiff, v. SECRETARY OF VETERANS AFFAIRS, Defendant. , N.D.W.Va., November 6, 2009 David C. Corson, Chloe, WV, pro se. Alan G. McGonigal, U.S. Attorney's Office, Wheeling, WV, for Defendant. ORDER/OPINION JOHN S. KAULL, United States Magistrate Judge. On the 9th day of April, 2009, Plaintiff filed his Complaint in this Court against Defendant [DE 1], along with a Memorandum of Points and Authorities for Injunctive Relief, Specific Performance Relief, Declaritory [sic] Relief or Motion for Jury Trial [DE 2] and Memorandum of Points and Authorities in Support of Appellan... PRESTIGE MAGAZINE CO., INC. d.b.a. Prestige Communications, a corporation organized and existing under the laws of West Virginia, Rex Eagon (Counterclaim defendant), and Diane Eagon (Counterclaim defendant), Plaintiffs, v. PANAPRINT, INC., a corpor, S.D.W.Va., November 6, 2009 Julie A. Warren, Randall L. Trautwein, Lamp O'Dell Bartram Levy & Trautwein, John W. Stapleton, Huntington, WV, for Plaintiffs. Edward M. Kowal, Jr., Rebecca L. Goudy, Campbell Woods, Huntington, WV, for Defendants. MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS, District Judge. Pending before the Court are Defendant Panaprint, Inc.'s ("Panaprint") Motion to Transfer (Doc. 26) and Plaintiff Prestige Magazine Co., Inc. ("Prestige"), Rex Eagon and Diane Eagon's Motion to Consolidate (Doc.... ARCH SPECIALTY INSURANCE COMPANY, Plaintiff, v. GO-MART, INC.; J.T. Davenport & Sons, Inc.; and Robert D. Rader, Defendants, and Go-Mart, Inc., Third-Party Plaintiff, v. Gab Robins North America, Inc., and Southern Guaranty Insurance Company, T, S.D.W.Va., November 6, 2009 MEMORANDUM OPINION AND ORDER MARY E. STANLEY, United States Magistrate Judge. By Order entered September 23, 2009 (docket # 250), the court "ORDERED that if Davenport wishes to apply for assessment of costs, including attorney's fees, against Southern Guaranty and/or its attorney, then Davenport should file an affidavit which complies with Rule 37(a)(5), Fed.R.Civ.P., relates to the Orders entered May 20, July 24, and September 23, 2009 (# # 156, 226, 248), and responds to # 177, on or before... Calvin ADKINSON, Petitioner, v. Gene M. JOHNSON, Director of the Virginia Department of Corrections, Respondent. , E.D.Va., November 6, 2009 Calvin Adkinson, Haynesville, VA, pro se. Rosemary Bourne, Office of the Attorney General, Richmond, VA, for Respondent. FINAL ORDER JEROME B. FRIEDMAN, District Judge. This matter was initiated by petition for a writ of habeas corpus under 28 U.S.C. § 2254. The petition alleges violation of Petitioner's constitutional rights pertaining to his convictions for malicious wounding and unlawful wounding on May 24, 2004, in the Circuit Court of the City of Newport News, as a result of which ... Terry THOMAS, Plaintiff, v. Mary WESTFALL, et al., Defendants. , S.D.W.Va., November 6, 2009 Terry Thomas, Mt. Olive, WV, pro se. Joseph M. Farrell, Jr., Farrell Farrell & Farrell, Huntington, WV, Dwayne E. Cyrus, Jason Eric Wandling, Shuman McCuskey & Slicer, Charleston, WV, Philip C. Petty, Rose Padden & Petty, Fairmont, WV, for Defendants. MEMORANDUM OPINION DAVID A. FABER, Senior District Judge. Before the court is the First Amended Complaint of plaintiff, an inmate at Mount Olive Correctional Complex ("MOCC"). (Doc. No. 96 .) Plaintiff alleges deliberate indifference to hi... RUBBERLITE INC., a West Virginia corporation, and James Allen Mayo, a natural person, Plaintiffs, v. BAYCHAR HOLDINGS, LLC, a Maine limited liability company, Baychar Inc., a Maine corporation, Baychar, a natural person, Baychar Technologies, Inc.,, S.D.W.Va., November 6, 2009 Daniel J. Konrad, Huddleston Bolen, Huntington, WV, Robert P. Berry, Berry & Maxson, St. Louis, MO, for Plaintiffs. Joshua I. Barrett, Robert M. Bastress, III, Sean P. McGinley, Ditrapano Barrett & Dipiero, Charleston, WV, for Defendants. MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS, District Judge. Pending before the Court is the plaintiffs' Motion for Leave to File Third Amended Complaint (Doc. 44). The motion is GRANTED. With respect to the amendment of pleadings, Federal Rule of C... Wilma KING, et al., Plaintiffs, v. R. Vance GOLDEN III, and John Doe, Defendants. , S.D.W.Va., November 6, 2009 Daniel F. Hedges, Charleston, WV, for Plaintiffs. R. Vance Golden, III, Golden & Amos, Parkersburg, WV, pro se. MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN, Chief Judge. Pending before the court is the plaintiffs' Motion to Remand [Docket 33]. The defendants have not responded to the motion, and the time for doing so has expired. Thus, the motion is ripe for review. For the reasons stated below, the plaintiffs' motion is GRANTED and this case is REMANDED to the Circuit Court of Clay C... UNITED STATES of America, Plaintiff, v. B.C. ENTERPRISES, INC. d/b/a/ Aristocrat Towing; and Aristocrat Towing, Inc.,; and Earnest A. Cooper, Jr., Defendants. , E.D.Va., November 6, 2009 Kevin J. Mikolashek, United States Attorney's Office, Alexandria, VA, Amber Rachelle Standrldge, United States Department of Justice, Washington, DC, for Plaintiff. Robert Greenway Byrum, Shames & Byrum, Chesapeake, VA, S. Lawrence Dumville, Norris & St. Clair PC, Virginia Beach, VA, for Defendants. ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND MOTION TO INTERVENE ROBERT G. DOUMAR, District Judge. This matter comes before the Court on cross-motions for summary judgment and a motion to... UNITED STATES of America, Plaintiff, v. Telford CRUIKSHANK, Jr., Defendant. , S.D.W.Va., November 6, 2009 Karen B. Schommer, U.S. Attorney's Office, Charleston, WV, for Plaintiff. Mary Lou Newberger, Federal Public Defender's Office, Charleston, WV, for Defendant. MEMORANDUM OPINION AND STATEMENT OF REASONS JOSEPH R. GOODWIN, Chief Judge. The United States charged Telford Cruikshank, Jr. with possessing or knowingly accessing with intent to view child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). The offense carries a maximum term of ten years' imprisonment. Mr. Cruikshank pleaded... Raymond FERGUSON, et al., Plaintiffs, v. Thomas INGOLDSBY, Defendant. , E.D.Va., November 5, 2009 John Marcus Mcnichols, Williams & Connolly LLP, Washington, DC, for Plaintiffs. Douglas R. Kay, Briglia & Hundley PC, Vienna, VA, for Defendant. Amended Memorandum Opinion JAMES C. CACHERIS, District Judge. Before the Court are Cross-Motions for Judgment on the Pleadings arising out of the alleged breach of a $100,000 promissory note (the "Note") executed between the parties in February of 1999. Defendant asserts that the Complaint is untimely under the Virginia statute of limitations. T... Rozell Alonza JOHNSON, Petitioner, v. UNITED STATES of America, Respondent. , N.D.W.Va., November 5, 2009 Brian J. Kornbrath, Federal Public Defender Office, Clarksburg, WV, for Petitioner. Thomas O. Mucklow, U.S. Attorney's Office, Martinsburg, WV, for Respondent. ORDER ROBERT E. MAXWELL, District Judge. It will be recalled that on November 21, 2008, Magistrate Judge Seibert filed his Opinion/Report and Recommendation, wherein the parties were directed, in accordance with 28 U.S.C. § 636(b)(1), to file with the Clerk of Court any written objections within ten (10) days after being served wi... UNITED STATES of America, v. Juan Adalverto VEGA-PENA, Defendant. , E.D.Va., November 5, 2009 Darryl Mitchell, United States Attorney's Office, Norfolk, VA, for Plaintiff. Richard Colgan, Federal Public Defender, Norfolk, VA, for Defendant. OPINION AND ORDER JEROME B. FRIEDMAN, District Judge. This matter is before the court on defendant Juan Adalverto Vega-Pena's ("Vega-Pena") motion to dismiss the criminal indictment pending against him on the ground that it is barred by the statute of limitations. On November 2, 2009, the court conducted a hearing at which both parties introd... Greg GIVENS, Plaintiff, v. William CRISWELL and Rebecca Randolph, Defendants. , N.D.W.Va., November 5, 2009 Greg Givens, Shadyside, OH, pro se. Lee Murray Hall, Jenkins Fenstermaker, PLLC, Huntington, WV, James T. McClure, Gompers, McCarthy & McClure, Wheeling, WV, Keith C. Gamble, Pullin Fowler Flanagan Brown & Poe PLLC, Morgantown, WV, for Defendants. ORDER/OPINION JOHN S. KAULL, United States Magistrate Judge. On October 29, 2009 Plaintiff Greg Givens, pro se, filed a "Notice and Motion to Disallow Illegally Obtained Evidence" [Docket Entry 188]. On October 23, 2008, District Judge Frederic... Frank W. VINCENZO and Sandra K. Vincenzo, his wife, Plaintiffs, v. AIG INSURANCE SERVICES, INC., Defendant. , N.D.W.Va., November 5, 2009 Jacob M. Robinson, Sr, Theodore L. Tsoras, Robinson Law Offices, Wheeling, WV, for Plaintiffs. Don C.A. Parker, Jeff D. Stewart, Laura E. Hayes, Spilman Thomas & Battle, PLLC, Charleston, WV, for Defendant. ORDER/OPINION DENYING PLAINTIFFS' MOTION TO COMPEL JOHN S. KAULL, United States Magistrate Judge. On the 30th day of October, 2009, Plaintiffs Frank W. Vincenzo and Sandra K. Vincenzo ("Plaintiffs") filed a "Motion to Compel Adequate Answers and Response to Plaintiffs' Interrogatories... James David Wesley CARR, Plaintiff, v. William J. FORBES, Attorney; Paul Zakaib, Jr, Judge; Teresa Waid, Nurse; David Proctor, M.D.; Bobby Miller, M.D.-Ph.D; Donald P. Morris, P.A; Craig E. Stump, State Police Officer; John P. Sullivan, P.D. Attorn, N.D.W.Va., November 5, 2009 James David Wesley Carr, Huttonsville, WV, pro se. MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND DENYING AS MOOT PLAINTIFF'S MOTION FOR PROTECTION, PLAINTIFF'S MOTION OF REQUEST--SERIOUS PHYSICAL PAIN, PLAINTIFF'S REQUEST OF A RESTRAINING ORDER, PLAINTIFF'S MOTION TO APPOINT COUNSEL, PLAINTIFF'S SECOND MOTION TO APPOINT COUNSEL AND PLAINTIFF'S MOTION FOR PROTECTIVE ORDER FREDERICK P. STAMP, JR., District Judge. I. Background The pro se ... Greg GIVENS, Plaintiff, v. William CRISWELL and Rebecca Randolph, Defendants. , N.D.W.Va., November 5, 2009 Greg Givens, Shadyside, OH, pro se. Lee Murray Hall, Jenkins Fenstermaker, PLLC, Huntington, WV, James T. McClure, Gompers, McCarthy & McClure, Wheeling, WV, Keith C. Gamble, Pullin Fowler Flanagan Brown & Poe PLLC, Morgantown, WV, for Defendants. ORDER/OPINION JOHN S. KAULL, United States Magistrate Judge. On November 2, 2009, Plaintiff, pro se, Greg Givens filed "Notice to Court of Defendant Randolph Alteration of Documents/Evidence Tampering (Request for Sanctions)" [Docket Entry 194]... Peter Paul MITRANO, Appellant, v. Leonard A. MELKA, et al., Appellees. , E.D.Va., November 5, 2009 MEMORANDUM OPINION ANTHONY J. TRENGA, District Judge. Appellant Peter Paul Mitrano ("Mitrano") has filed a notice of appeal from an order dated December 19, 2008 entered by the United States Bankruptcy Court for the Eastern District of Virginia in Bankruptcy Case No. 08-12890 (Chapter 13), dismissing Adversary Proceeding No. 08-1437. For the reasons stated below, Mitrano's notice of appeal of the Bankruptcy Court's order dismissing Adversary Proceeding No. 08-1437 (Bankr.Doc. No. 16) and of t... Xiaoping YAO, Plaintiff, v. VISA, INC., et. al., Defendants. , E.D.Va., November 5, 2009 Xiaoping Yao, Sterling, VA, pro se. Katherine Anne Goetzl, Littler Mendelson PC, Washington, DC, Lindsey Hager McGinnis, Littler Mendelson PC, McLean, VA, for Defendants. Memorandum Opinion LIAM O'GRADY, District Judge. Inovant LLC ("Inovant"), a subsidiary of Visa, Inc., [FN1] employed Xiaoping Yao ("Yao"), who is of Chinese national origin, as a software engineer. Yao filed an initial discrimination charge with the EEOC on November 20, 2006 while still employed by Visa. Yao then filed ... Kelvin GOULD, Plaintiff, v. NEWPORT NEWS, Virginia Circuit Court, Office of the Public Defender, City of Newport News, Va., Alexand C. Levy, Brian P. Keeley, Oldric J. Labell, Jr., Robert N. Pritchard, Alexandria Chun, and Detective Aaron M. Thomps, E.D.Va., November 5, 2009 Kelvin Gould, Portsmouth, VA, pro se. DISMISSAL ORDER JEROME B. FRIEDMAN, District Judge. The Court has issued two previous Orders in this case in an attempt to explain to Plaintiff what was required of him and to eliminate confusion about both the factual basis for Plaintiff's claims and his legal theories. Despite the Court's hope that Plaintiff would clarify his claims in response to its Orders, Plaintiff has muddied the waters further, asserting new claims in response to the Court's que... UNITED STATES of America v. Eddie Ray McCRACKEN, Defendant. , W.D.Va., November 5, 2009 Randy Ramseyer, Assistant United States Attorney, Abingdon, VA, for United States. Nancy C. Dickenson, Assistant Federal Public Defender, Abingdon, VA, for Defendant. OPINION JAMES P. JONES, Chief Judge. In this prosecution for possession of child pornography, I set forth the reasons for a sentence below the advisory guideline range. I The defendant, Eddie Ray McCracken, pleaded guilty to a one-count Indictment charging him with knowingly possessing a computer disk with images of ch... Dreama L. WARTH, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , S.D.W.Va., November 4, 2009 Rose A. Cyrus, Greiner & Cyrus, Huntington, WV, for Plaintiff. Michael Mcgaughran, Social Security Administration Office of General Counsel, Philadelphia, PA, Stephen M. Horn, U.S. Attorney's Office, Charleston, WV, for Defendant. MEMORANDUM ORDER MAURICE G. TAYLOR, JR., United States Magistrate Judge. In this action, filed under the provisions of 42 U.S.C. §§ 405(g) and 1383(c)(3), plaintiff seeks review of the final decision of the Commissioner of Social Security denying her applicatio... William L. GRAHAM, Plaintiff, v. COUNTY OF GLOUCESTER, Virginia, Sheriff E.S. Gentry, Major Doss, Captain Proctor, Lt. Hogg, Sergeant Burgess, and Deputy Gagne, Defendants. , E.D.Va., November 4, 2009 William L. Graham, pro se. Jeff W. Rosen, Esquire, Pender & Coward PC, Virginia Beach, VA, for Defendants. OPINION AND FINAL ORDER REBECCA BEACH SMITH, District Judge. Plaintiff, a Virginia inmate, filed this pro se action pursuant to 42 U.S.C. § 1983 to redress alleged violations of his constitutional rights. Specifically, Plaintiff complains about the conditions of his confinement at Gloucester County Jail between June 8, 2006, and August 10, 2006. [FN1] He further claims that he was n... ALLEGRA NETWORK LLC, Plaintiff, v. Michael J. REEDER and Jeffrey L. Reeder, Defendants. , E.D.Va., November 4, 2009 Douglas Edward Florian Plocki, Garbia MacGregor & Plocki LLP, Fairfax, VA, for Plaintiff. Thomas Francis Decaro, Decaro & Howell PC, Upper Marlboro, MD, for Defendants. MEMORANDUM OPINION LIAM O'GRADY, District Judge. Before the Court is Plaintiff Allegra Network LLC's ("Allegra") Motion for Preliminary Injunction (Dkt. No. 4). The Court finds Plaintiff has presented sufficient evidence to warrant the granting of a preliminary injunction under its claims of trademark infringement and unf... Gregory Brian STEVENS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Va., November 4, 2009 Ernest Craig Kendrick, John M. Lamie, Browning Lamie & Gifford, PC, Abingdon, VA, for Plaintiff. Andrew Charles Lynch, Rafael Melendez, Office of General Counsel, SSA, Philadelphia, PA, for Defendant. REPORT AND RECOMMENDATION PAMELA MEADE SARGENT, United States Magistrate Judge. I. Background and Standard of Review The plaintiff, Gregory Brian Stevens, filed this action challenging the final decision of the Commissioner of Social Security, ("Commissioner"), denying plaintiff's claim for ... Corey E. JOHNSON, Petitioner, v. Loretta K. KELLEY, Respondent. , E.D.Va., November 4, 2009 Corey E. Johnson, Waverly, VA, pro se. MEMORANDUM OPINION RICHARD L. WILLIAMS, District Judge. Petitioner, a Virginia prisoner proceeding pro se, submitted this motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(3). Petitioner was convicted in the Circuit Court for the City of Richmond ("Circuit Court"), of two counts of murder and two counts of use of a firearm in commission of those offenses. This Court previously has dismissed a § 2254 petition by Petitioner ... Russell W. ODEN, Petitioner, v. Gene M. JOHNSON, Respondent. , E.D.Va., November 4, 2009 Russell W. Oden, Saluda, VA, pro se. Rosemary Bourne, Office of the Attorney General, Richmond, VA, for Respondent. MEMORANDUM OPINION RICHARD L. WILLIAMS, District Judge. Russell W. Oden, ("Petitioner"), a Virginia inmate proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has moved to dismiss on the grounds that, inter alia, the petition is barred by the one-year statute of limitations governing federal habeas petitions. The matt... Leo L. PAYNE, Petitioner, v. UNKNOWN, Respondent. , E.D.Va., November 4, 2009 Leo L. Payne, Waverly, VA, pro se. MEMORANDUM OPINION JAMES R. SPENCER, Chief Judge. Plaintiff, a Virginia inmate, brings this 42 U.S.C. § 1983 action. The matter is before the Court for evaluation pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A. Jurisdiction is appropriate pursuant to 28 U.S.C. § 1343(a)(3). I. PROCEDURAL HISTORY The Magistrate Judge made the following findings and recommendations: The Court must dismiss any action filed by a prisoner if the Court determines the action... Chauntel N. AUSTIN, Plaintiff, v. RAPPAHANNOCK AREA ALCOHOL SAFETY ACTION PROGRAM, Defendant. , E.D.Va., November 4, 2009 Anjuma Kumari Goswami, Richard E. Patrick, Patrick Henry LLP, Annandale, VA, for Plaintiff. Alexander Francuzenko, Cook Kitts & Francuzenko PLLC, for Defendant. MEMORANDUM OPINION (Denying Defendant's Motion for Summary Judgment) HENRY E. HUDSON, District Judge. This is a gender discrimination action brought against the Rappahannock Area Alcohol Safety Action Program by Chauntel Austin. It is presently before the Court on Defendant's Motion for Summary Judgment (Dk. No. 15), filed on Oct... MINNESOTA LAWYERS MUTUAL INSURANCE COMPANY, Plaintiff, v. Terrence R. BATZLI, et. al., Defendants. , E.D.Va., November 4, 2009 Jeffrey Hamilton Geiger, Douglas Aaron Winegardner, Sands Anderson Marks & Miller PC, Richmond, VA, Danny Mark Howell, Michael Thomas Marr, Sands Anderson Marks & Miller, McLean, VA, for Plaintiff. William Francis Drewry Gallalee, Williams Mullen, Richmond, VA, for Defendants. MEMORANDUM OPINION (Denying Plaintiff's Motion for Summary Judgment and Denying Defendants' Motion for Summary Judgment) HENRY E. HUDSON, District Judge. This is a declaratory judgment action brought against Terren... W.A.K., II, A Minor, by Page S. KARO, his Next Friend, Natural Guardian and Mother, Plaintiff, v. WACHOVIA BANK, N.A. et al., Defendants. , E.D.Va., November 4, 2009 Churchill G. Bowles, Bowles Affiliates PC, Joseph Earl Blackburn, Jr., Blackburn Conte Schilling & Click PC, Richmond, VA, for Plaintiff. William Paul Childress, III, Hunton & Williams LLP, Richmond, VA, for Plaintiff/Defendants. MEMORANDUM OPINION (Defendant's Motion to Dismiss) HENRY E. HUDSON, District Judge. This matter is before the Court on Defendant's Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, filed on October 8, 2009. Both sides have subm... Johnathan Lee X. SMITH, Plaintiff, v. Warden DILLMAN, et al., Defendants. , W.D.Va., November 4, 2009 Johnathan Lee Smith, Chatham, VA, pro se. Richard Carson Vorhis, Office of the Attorney General, Richmond, VA, for Jeffrey Dillman, O. Chambers, A. Tucker, V.S. Gray, K. Crowder-Austin. Carlene Booth Johnson, Perry Law Firm, Dillwyn, VA, for C. Mayes, Laurence Wang M.D., T. Cobbs. MEMORANDUM OPINION AND ORDER SAMUEL G. WILSON, District Judge. This matter is before the court upon plaintiff's motion for a preliminary injunction [Docket # 3]. Plaintiff requests that this court issue a or... UNITED STATES of America v. Denzel Andre STEPHENS, Defendant. , W.D.Va., November 4, 2009 Ronald Mitchell Huber, United States Attorneys Office, Charlottesville, VA, for Plaintiff. Andrea S. Lantz Harris, Federal Public Defenders Office, Charlottesville, VA, for Defendant. ORDER NORMAN K. MOON, District Judge. This matter is before the Court on the United States Magistrate Judge's Report and Recommendation on the Defendant's plea of guilty (docket no. 32). The Court referred this case to United States Magistrate Judge B. Waugh Crigler pursuant to 28 U.S.C. § 636(b)(3) to cond... UNITED STATES of America v. Randy Scott RADER, Defendant. , W.D.Va., November 4, 2009 Randy Scott Rader, Pro Se Defendant. OPINION AND ORDER JAMES P. JONES, Chief United States District Judge. The defendant has filed a "Motion for Reduction in Sentence Pursuant to Amendment 709," in which he seeks to reduce his sentence because of a later amendment to the U.S. Sentencing Guidelines. The motion will be denied. The defendant was sentenced by this court on June 14, 2006, to 180 months imprisonment. He asserts that he is entitled to a sentence reduction because thereafter the... Nealon LIVERPOOL, Plaintiff v. Terry O'BRIEN, "John Does Nos. 1-10" and The United States of America, Defendants. , W.D.Va., November 3, 2009 Deborah Denise Wright, Law Office of Deborah D. Wright, Washington, DC, for Plaintiff. Anthony Paul Giorno, United States Attorneys Office, Roanoke, VA, for Defendants. REPORT AND RECOMMENDATION PAMELA MEADE SARGENT, United States Magistrate Judge. Plaintiff, Nealon Liverpool, ("Liverpool"), an inmate formerly incarcerated at United States Penitentiary Lee County in Jonesville, Virginia, ("USP Lee"), [FN1] filed this action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bur. of N... Tanya ELLIOTT o/b/o/A.P., A Minor Child, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Va., November 3, 2009 REPORT AND RECOMMENDATION MICHAEL F. URBANSKI, United States Magistrate Judge. Plaintiff Tanya Elliott ("Elliott") brought this action for review of the Commissioner of Social Security's ("Commissioner") decision denying her claim for disability insurance benefits and supplemental security income benefits under the Social Security Act (the "Act") on behalf of her son, A.P. On appeal, Elliott argues that the Commissioner erred by failing to give greater weight to the opinion of A.P.'s treating... Tammy BESS, et al., Plaintiffs, v. KANAWHA COUNTY BOARD OF EDUCATION, et al., Defendants. , S.D.W.Va., November 3, 2009 Jonathan L. Matthews, Roger D. Forman, Forman & Huber, Charleston, WV, Kevin Baker, Baker & Brown, Charleston, WV, for Plaintiffs. Vaughn T. Sizemore, Bailey & Wyant, Charleston, WV, Mark W. Browning, Shuman McCuskey & Slicer, Charleston, WV, for Defendants. MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN, Chief Judge. Pending before the court is the plaintiffs' Motion to Amend Complaint [Docket 28]. By their Motion, the plaintiffs seek to amend Count II, which alleges a "violation of s... Tiffany TOOTHMAN, an individual, Plaintiff v. BOB EVANS FARMS, INC. Short-Term Disability Plan, an Ohio Employee Welfare Benefit Plan, and American General Life Companies, LLC, a Texas Corporation, and AIG Life Insurance Company a Texas Corporation, S.D.W.Va., November 3, 2009 MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR., District Judge. Pending is the motion of defendant Bob Evans Farms, Inc. Short-Term Disability Plan ("Bob Evans") to set aside default and for leave to file its answer out of time ("motion to set aside"), filed June 3, 2009. I. On September 4, 2008, plaintiff Tiffany Toothman instituted this action against the defendants. The next day, summons was issued as to Bob Evans, American General Life Companies, LLC ("AGL"), and AIG Life Insur... Deborah K. BARTLEY, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Va., November 3, 2009 Rosalie Pemberton Fessier, Timberlake Smith Thomas & Moses PC, Staunton, VA, for Plaintiff. Andrew Charles Lynch, Taryn Faith Jasner, Office of General Counsel, SSA, Philadelphia, PA, for Defendant. REPORT AND RECOMMENDATION MICHAEL F. URBANSKI, United States Magistrate Judge. Plaintiff Deborah K. Bartley ("Bartley") brought this action for review of the Commissioner of Social Security's ("Commissioner") decision denying her claim for disability insurance benefits and supplemental securi... Greg GIVENS, Plaintiff, v. William CRISWELL and Rebecca Randolph, Defendants. , N.D.W.Va., November 3, 2009 Greg Givens, Shadyside, OH, pro se. Lee Murray Hall, Jenkins Fenstermaker, PLLC, Huntington, WV, James T. McClure, Gompers, McCarthy & McClure, Wheeling, WV, Keith C. Gamble, Pullin Fowler Flanagan Brown & Poe PLLC, Morgantown, WV, for Defendants. ORDER/OPINION JOHN S. KAULL, United States Magistrate Judge. On November 2, 2009, Plaintiff, pro se, Greg Givens filed "Plaintiff Notice and Motion to Compel Discovery" [Docket Entry 193]. In his Motion, Mr. Givens expressly states: On Octo... Emory CHILES, Plaintiff, v. UNITED STATES of America; Thomas E. Johnston, Former United States Attorney; James E. Seibert, United States Magistrate Judge; Randolph Bernard, Assistant United States Attorney; Frederick P. Stamp, United States Distric, N.D.W.Va., November 3, 2009 ORDER ROBERT E. MAXWELL, District Judge. It will be recalled that on February 24, 2009, Magistrate Judge John S. Kaull filed his Report and Recommendation, wherein the Plaintiff was directed, in accordance with 28 U.S.C. § 636(b)(1), to file with the Clerk of Court any written objections within ten (10) days after being served with a copy of the Report and Recommendation. Plaintiff filed his objections on March 6, 2009. Upon examination of the report from the Magistrate Judge, it appears t... UNITED STATES of America v. Sheila Denise WALKER. , S.D.W.Va., November 3, 2009 W. Chad Noel, U.S. Attorney's Office, Charleston, WV, for United States of America. MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR., District Judge. Pending is defendant's motion to modify sentence, filed on September 18, 2008, pursuant to 18 U.S.C. § 3582(c)(2). The motion to modify sentence is based upon the November 1, 2007, amendment to U.S.S.G. § 2D1.1, which the United States Sentencing Commission made retroactive effective March 3, 2008. Section 1B1.10(b) controls a defendant... David A. PETRI, Petitioner, v. D. BERKEBILE, Respondent. , S.D.W.Va., November 3, 2009 David A. Petri, Beaver, WV, pro se. MEMORANDUM OPINION AND ORDER THOMAS E. JOHNSTON, District Judge. David A. Petri, pro se (Petitioner) brought the present action under 28 U.S.C. § 2241, seeking a Writ of Habeas Corpus [Docket 1]. By standing order entered in this case on April 14, 2009, his suit was referred to Magistrate Judge R. Clarke VanDervort for proposed findings of fact and a recommendation (PF & R) (Docket 3). Subsequently, Petitioner filed a motion seeking leave to voluntarily ... Steven O. CUPP, Plaintiff, v. Duane BROWN, Cecil D. Nichols, Joyce Francis, Debra Rankin, Kuma J. Deboo, K.M. White and Harrell Watts, Defendants. , N.D.W.Va., November 3, 2009 ORDER ROBERT E. MAXWELL, District Judge. It will be recalled that on December 1, 2008, Magistrate Judge John S. Kaull filed his Report and Recommendation, wherein the Plaintiff was directed, in accordance with 28 U.S.C. § 636(b)(1), to file with the Clerk of Court any written objections within ten (10) days after being served with a copy of the Report and Recommendation. Plaintiff filed his objections on December 11, 2008. Upon examination of the report from the Magistrate Judge, it appear... UNITED STATES of America, Plaintiff, v. Michael Llyod STEVENS, Defendant. , S.D.W.Va., November 3, 2009 MEMORANDUM OPINION AND ORDER THOMAS E. JOHNSTON, District Judge. Before the Court is the United States Motion for Revocation of Order Releasing Defendant on Bond [Docket 228]. Defendant Michael Stevens appeared before Magistrate Judge Stanley on October 14, 2009, for a detention hearing in accordance with 18 U.S.C. § 3142(f). After receiving evidence, proffers, and argument from the parties, Magistrate Judge Stanley ordered that Defendant be released on a $10,000 unsecured bond pending tri... Connie TILLEY; and Kermit Tilley, Individually and as Legal Guardians and Next Friends of Shannon Dalton Adkins, an Infant, Plaintiffs v. HEALTH MANAGEMENT ASSOCIATES OF WEST VIRGINIA, INC., doing business as Williamson Memorial Hospital; Jamie C. , S.D.W.Va., November 3, 2009 H. Truman Chafin, Letitia Neese Chafin, The H. Truman Chafin Law Firm, Williamson, WV, Joseph M. Ward, Richard E. Rowe, Goodwin & Goodwin, Charleston, WV, for Plaintiffs. Debra A. Nelson, Mundy & Nelson, Huntington, WV, Don R. Sensabaugh, Jr., J. Dustin Dillard, Flaherty Sensabaugh & Bonasso, Charleston, WV, for Defendants. MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR., District Judge. Pending is the plaintiffs' motion to maintain the confidentiality of the settlement agreement, f... William LEONARD, et al., Plaintiffs, v. ALCAN ROLLED PRODUCTS-RAVENSWOOD, LLC., et al., Defendants. , S.D.W.Va., November 3, 2009 Henry E. Wood, III, Wood Law Office, Charleston, WV, for Plaintiffs. Christopher L. Slaughter, Joseph U. Leonoro, Steptoe & Johnson, Huntington, WV, for Defendants. MEMORANDUM OPINION & ORDER JOSEPH R. GOODWIN, Chief Judge. I. Introduction Pending before the court is defendant Alcan Rolled Products--Ravenswood, L.L.C.'s Motion to Dismiss Complaint and/or Motion to Compel Arbitration [Docket 3] and defendant CHD Meridian Health Care's Motion to Dismiss Complaint [Docket 7]. For the reason... Elizabeth WYNNE, Plaintiff, v. Sima BIRACH Jr., et al., Defendants. , E.D.Va., November 3, 2009 Alison Dwight Baillet Asarnow, Katz Marshall and Banks LLP, Washington, DC, for Plaintiff. ORDER T.S. ELLIS, III, District Judge. The matter is before the Court to consider: (i) plaintiff's motions for entry of default judgment against defendant Sima Birach Jr. and defendant Twin Star Holdings, Inc. (collectively "defendants"), and the U.S. Magistrate Judge's Report and Recommendation regarding these motions; and (ii) plaintiff's motion for attorney's fees and litigation expenses. Plaintiff... TANDBERG, INC., Plaintiff, v. ADVANCED MEDIA DESIGN, INC., Defendant. , E.D.Va., November 3, 2009 Brandon Hall Elledge, Holland & Knight LLP, McLean, VA, for Plaintiff. Bernard Joseph Dimuro, Dimuro Ginsberg & Mook PC, Alexandria, VA, for Defendant. ORDER T.S. ELLIS, III, District Judge. The matter came before the Court on plaintiff's motion for partial summary judgment with respect to Count I of the Complaint alleging breach of contract. More specifically, plaintiff contends that the undisputed material facts establish that plaintiff shipped to defendant over $3 million of videoconf... UNITED STATES of America, Plaintiff, v. Thomas E. GEER, Defendant. , S.D.W.Va., November 3, 2009 MEMORANDUM OPINION AND ORDER THOMAS E. JOHNSTON, District Judge. Before the Court is the United States Motion for Revocation of Order Releasing Defendant on Bond [Docket 227]. Defendant Thomas Geer appeared before Magistrate Judge Stanley on October 14, 2009, for a detention hearing in accordance with 18 U.S.C. § 3142(f). After receiving evidence, proffers, and argument from the parties, Magistrate Judge Stanley ordered that Defendant be released on a $10,000 unsecured bond pending trial. ... Jonathan Joseph LIND, Movant, v. David BALLARD, Warden, Mount Olive Correctional Complex, Respondent. , S.D.W.Va., November 3, 2009 Jonathan Joseph Lind, Mt. Olive, WV, pro se. MEMORANDUM OPINION AND ORDER MARY E. STANLEY, United States Magistrate Judge. On July 17, 2009, the Clerk's Office received a "Motion for Stay/Abeyance" (docket sheet document # 1) from Jonathan Joseph Lind, am inmate at the Mount Olive Correctional Complex. The above-referenced civil action was opened to address this motion. This matter is assigned to the Honorable Joseph R. Goodwin, Chief United States District Judge, and it is referred to the ... FELMAN PRODUCTION, INC., a Delaware corporation, Plaintiff, v. INDUSTRIAL RISK INSURERS, an unincorporated association, et al., Defendants. , S.D.W.Va., November 3, 2009 James E. Gray, Alex J. Brown, Venable, Baltimore, MD, Michael W. Carey, S. Benjamin Bryant, Carey Scott Douglas & Kessler, Charleston, WV, for Plaintiff. Christopher J. Sears, John F. McCuskey, William R. Slicer, Heather B. Osborn, Jason Eric Wandling, Shuman McCuskey & Slicer, Charleston, WV, James V. Chin, James A. Kitces, Jane E. Warring, Robert W. Fisher, Robins Kaplan Miller & Ciresi, Atlanta, GA, for Defendants. MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS, District Judge. Pendi... Jessica R. HORNICK, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Va., November 3, 2009 A. Thomas Lane, Jr., A. Thomas Lane Jr. PC, Harrisonburg, VA, for Plaintiff. Andrew Charles Lynch, Rafael Melendez, Taryn Faith Jasner, Office of General Counsel, SSA, Philadelphia, PA, for Defendant. FINAL ORDER SAMUEL G. WILSON, United States District Judge. This case was referred pursuant to 28 U.S.C. § 636(b)(1)(B) to the Honorable James G. Welsh, United States Magistrate Judge. The Magistrate Judge has filed a report recommending that an order be entered, affirming the final decisio... UNITED STATES of America v. Ronald Clive HOLLOWAY, Defendant. , W.D.Va., November 3, 2009 Ryan L. Souders, United States Attorney's Office, Harrisonburg, VA, for Plaintiff. David Leroy Parker, David L. Parker PC, Harrisonburg, VA, for Defendant. ORDER SAMUEL G. WILSON, District Judge. It appearing that the magistrate judge has submitted a report and recommendation that the defendant's guilty plea be accepted; and it further appearing that no objections have been filed to said report and recommendation; and it appearing proper, it is ORDERED that said report and the findings a... Harry E. BOWERS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , W.D.Va., November 3, 2009 Roger W. Rutherford, Wolfe Williams Rutherford & Reynolds, Norton, VA, for Plaintiff. Kenneth Divito, Office of General Counsel, SSA, Philadelphia, PA, for Defendant. FINAL JUDGMENT JAMES P. JONES, Chief United States District Judge. Based upon the court's de novo review of those portions of the magistrate judge's report and recommendations to which the plaintiff objected, it is ADJUDGED AND ORDERED as follows: 1. The plaintiff's objections are overruled; 2. The magistrate judge's ... Lawrence V. WILDER, Plaintiff, v. Rockbridge County Circuit Court Judge Michael IRVINE, et al., Defendants. , W.D.Va., November 3, 2009 Lawrence V. Wilder, Windsor Mill, MD, pro se. MEMORANDUM OPINION AND ORDER NORMAN K. MOON, District Judge. This matter is before the Court in this closed civil matter on Plaintiff's "Rule 60 Motion[;] Request for Appoint [sic] Counsel," (docket no. 11), which (1) moves the Court to reopen his civil suit pursuant to Federal Rule of Civil Procedure 60, and (2) moves the Court for appointed counsel. For the following reasons, Plaintiff's Motion is hereby DENIED in full. I. BACKGROUND ... Paul E. SAMPSON, et al., Plaintiffs, v. CHASE HOME FINANCE, et al., Defendants. , S.D.W.Va., November 3, 2009 Josef A. Horter, Turner & Johns, Robin L. Godfrey, Charleston, WV, for Plaintiffs. Angela L. Beblo, Spilman Thomas & Battle, M. David Griffith, Jr., W. Bradley Sorrells, Robinson & McElwee, Charleston, WV, Christina S. Terek, Michael G. Gallaway, Spilman Thomas & Battle, Wheeling, WV, for Defendants. MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN, Chief Judge. Pending before the court are two motions to dismiss. The first is defendant Advanta's Motion for Partial Dismissal of Plaintiffs'... Jennifer WORKMAN, et al., Plaintiffs, v. MINGO COUNTY SCHOOLS, et al., Defendants. , S.D.W.Va., November 3, 2009 Patricia A. Finn, Piermont, NY, Paul J. Harris, Wheeling, WV, for Plaintiffs. J.A. Curia, III, Joanna I. Tabit, Steptoe & Johnson, Silas B. Taylor, Charlene A. Vaughan, Office of the Attorney General, Charles R. Bailey, Kelly C. Morgan, Bailey & Wyant, Charleston, WV, for Defendants. MEMORANDUM OPINION & ORDER JOSEPH R. GOODWIN, Chief Judge. Pending before the court are the plaintiff Jennifer Workman's Motion for Summary Judgment [Docket 62], defendants Mingo County Board of Education an... Timothy ROTH, Petitioner, v. UNITED STATES of America, Respondent. , N.D.W.Va., November 2, 2009 Brian J. Kornbrath, Federal Public Defender Office, Clarksburg, WV, for Petitioner. Shawn Angus Morgan, U.S. Attorney's Office, Clarksburg, WV, for Respondent. ORDER ADOPTING OPINION/REPORT AND RECOMMENDATION (Civ. Dkt. No. 44; Cr. Dkt. No. 115) AND DENYING PRO SE PETITIONER'S MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE (Civ. Dkt. 1; Cr. Dkt. 69) IRENE M. KEELEY, District Judge. On November 21, 2006, the pro se Petitioner, Timothy Roth ("Roth"), filed a petition to vacate, set aside... UNITED STATES of America v. William Lee JONES, Jr. , S.D.W.Va., November 2, 2009 MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR., District Judge. Pending is defendant's motion to modify sentence, filed on March 31, 2008, pursuant to 18 U.S.C. § 3582(c)(2) and defendant's Citation of Supplemental Authorities, filed on August 20, 2008. The motion to modify sentence is based upon the November 1, 2007, amendment to U.S.S.G. § 2D1.1, which the United States Sentencing Commission made retroactive effective March 3, 2008. Section 1B1.10(b) controls a defendant's eligibil... UNITED STATES of America, Plaintiff, v. Gary Ray DEBOLT, Defendant. , N.D.W.Va., November 2, 2009 MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE, OVERRULING DEFENDANT'S OBJECTIONS AND DENYING DEFENDANT'S MOTION TO SUPPRESS FREDERICK P. STAMP, JR., District Judge. I. Procedural History The defendant, Gary Ray Debolt, is the only defendant named in a seven- count superseding indictment charging five counts of receipt of child pornography, in violation of 18 U.S.C. §§ 2252(a)(2) and (b)(1); two counts of possession of child pornography, in vi... Gerald Lee BRUCE, Plaintiff, v. CITY OF WHEELING, City Of Wheeling Police Department, Chief Kevin M. Gessler, individually and in his capacity as Chief of the City of Wheeling Police Department, Officer Scot Barger, Officer Gus Kepreos, and Officer, N.D.W.Va., November 2, 2009 Peter M. Suwak, Washington, PA, for Plaintiff. Bradley K. Shafer, Mark E. Kinley, Michelle Lee Dougherty, Steptoe & Johnson, PLLC, Wheeling, WV, for Defendants. MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR LEAVE TO FILE ANSWER FREDERICK P. STAMP, JR., District Judge. I. Background The plaintiff, Gerald Lee Bruce, filed a complaint against the City of Wheeling, the City of Wheeling Police Department, and three Department police officers, asserting several claims, including civil rights... UNITED STATES of America, Plaintiff, v. Robert Solomon DAVIS, Defendant. , W.D.Va., November 2, 2009 MEMORANDUM OPINION NORMAN K. MOON, District Judge. The Defendant, Robert Solomon Davis, was before the Court for sentencing after entering into a plea agreement with the United States. As part of the Defendant's sentencing, the Government sought a 2-level enhancement to the Defendant's offense level because a dangerous weapon was possessed pursuant to U.S.S.G. § 2D1.1(b)(1). The defendant objected to this proposed 2-level increase in the presentence investigation report. I write separately he... Harold Kenneth PHILLIPS, Plaintiff, v. The BRINK'S COMPANY, et al., Defendants. , W.D.Va., October 31, 2009 Richard F. Hawkins, III, The Hawkins Law Firm, P.C., Richmond, VA, for Plaintiff. Cameron S. Bell, Penn, Stuart & Eskridge, Abingdon, VA, for Defendants. OPINION JAMES P. JONES, Chief Judge. This ERISA case arises out of a dispute over disability benefits. After the plaintiff and the defendants were both granted partial summary judgment, they each move this court to award attorneys' fees. For the reasons set forth in this opinion, the plaintiff's motion for attorneys' fees is granted and... INFORMATION PROTECTION AND AUTHENTICATION OF WEST VIRGINIA, LLC, Plaintiff, v. McAFEE, INC., Defendant. , N.D.W.Va., October 30, 2009 Teresa C. Toriseva, Wexler Toriseva Wallace, Wheeling, WV, David M. Hill, John W. Olivo, Jr., John F. Ward, Ward & Olivo, New York, NY, Douglas L. Bridges, Timothy C. Davis, W. Lewis Garrison, Heninger Garrison Davis LLC, Birmingham, AL, for Plaintiff. Gordon H. Copland, Michael B. Pallay, Steptoe & Johnson, PLLC, Clarksburg, WV, Danny L. Williams, J. Mike Amerson, Kyung T. Kim, Michael A. Benefield, Ruben S. Bains, Williams Morgan & Amerson PC, Houston, TX, Eric M. Albritton, Albritton Law F... Vincent CAMASTRO, Plaintiff, v. CITY OF WHEELING and Barry Crow, individually and in his capacity as a City Councilman, Defendants. , N.D.W.Va., October 30, 2009 Peter M. Suwak, Washington, PA for Plaintiff. Bradley K. Shafer, Michelle Lee Dougherty, William D. Wilmoth, Steptoe & Johnson, PLLC, Wheeling, WV, for Defendants. MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS' RENEWED MOTION FOR COSTS AND OTHER SANCTIONS FREDERICK P. STAMP, JR., District Judge. I. Facts and Procedural History The plaintiff, Vincent Camastro, filed the above-styled civil action alleging that the defendants violated his First Amendment rights to free speech and petition ... UNITED STATES of America, Plaintiff, v. David Keith BARBEITO, Floyd B. Moore, Darrell K. Bumgarner, David A. Cremeans, Richard Timothy Weaver, Shawn Bloss, Ronald D. Rowsey, Steve Harlan Stover, Dale Wright, Thomas E. Geer, Michael Lloyd Stevens, R, S.D.W.Va., October 30, 2009 Blaire L. Malkin, Steven I. Loew, U.S. Attorney's Office, Charleston, WV, for Plaintiff. MEMORANDUM OPINION AND PROTECTIVE ORDER THOMAS E. JOHNSTON, District Judge. Before the Court is the motion of the United States for a Protective Order [Docket 299], pursuant to Rule 16(d)(1) of the Federal Rules of Criminal Procedure, to restrict the access of Defendants herein to certain discovery materials. The Government previously filed a sealed ex parte motion seeking the same restrictions on disco... Harvey P. SHORT, Plaintiff, v. Vickie GREENE, Jail Administrator, and Lieutenant Harvey and Sergeant Carter and Officer Frye and Officer Cook and Corporal Killen, II, and Officer Ferrell and Corporal Browser and Officer Hughes (the small Hughes), a, S.D.W.Va., October 30, 2009 Harvey P. Short, Huttonsville, WV, pro se. Chad M. Cardinal, Charleston, WV, for Defendants. MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR., District Judge. Pending is defendant Cathy Booth's motion to dismiss the second amended complaint or, in the alternative, for summary judgment, filed June 12, 2009. This action was previously referred to Mary E. Stanley, United States Magistrate Judge, who has submitted her Proposed Findings and Recommendation pursuant to the provisions of ... ZIEGENFUSS DRILLING, INC., Plaintiff, v. FRONTIER-KEMPER CONSTRUCTORS, INC., Defendant. , S.D.W.Va., October 30, 2009 Carl L. Fletcher, Jr., Daniels Law Firm, Charleston, WV, for Plaintiff. Benjamin L. Bailey, Christopher S. Morris, Rodney Arthur Smith, Bailey & Glasser, Charleston, WV, for Defendant. Charles R. Hughes, Daniels Law Firm, Charleston, WV, for Plaintiff/Defendant. MEMORANDUM OPINION & ORDER JOSEPH R. GOODWIN, Chief District Judge. Pending before the court is the Petition by Daniels Law Firm, P.L .L.C., to Enforce Charging Lien [Docket 66] and Motion by Daniels Law Firm, P.L.L.C. to Expe... Eric LEWIS, Petitioner, v. Patricia STANSBERRY, Respondent. , E.D.Va., October 30, 2009 MEMORANDUM OPINION LEONIE M. BRINKEMA, District Judge. Eric Lewis, a federal inmate housed in the Eastern District of Virginia and proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 with a supporting memorandum of law, challenging the decision of the United States Parole Commission ("USPC") to deny him parole. Lewis subsequently filed an amendment to his petition and an amended memorandum of law. Respondent has filed a Response to the initial and ... Argentine R. HAIRSTON, Petitioner, v. Warden RC MATHENE, Respondent. , W.D.Va., October 30, 2009 Argentine R. Hairston, Oakwood, VA, pro se. Thomas Drummond Bagwell, Office of the Attorney General, Richmond, VA, for Respondent. MEMORANDUM OPINION JACKSON L. RISER, Senior District Judge. Argentine R. Hairston, a Virginia inmate proceeding pro se, filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. Petitioner alleges that the evidence was insufficient to sustain his conviction and he received ineffective assistance of counsel. The respondent filed a motion to d... Efren M. ISANAN, Petitioner, v. Gene JOHNSON, Director, Respondent. , W.D.Va., October 30, 2009 Efren Isanan, Craigsville, VA, pro se. MEMORANDUM OPINION GLEN E. CONRAD, District Judge. Petitioner Efren M. Isanan, a Virginia inmate proceeding pro se, brings this action as a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. In his petition, Isanan challenges the validity of his confinement pursuant to the 2006 judgment of the Circuit Court for Rockingham County under which he stands convicted of attempted first degree murder, malicious wounding, and using a firearm in... Dwight EDEN, Petitioner, v. Joyce FRANCIS, Warden, Respondent. , N.D.W.Va., October 30, 2009 Dwight Eden, Yazoo City, MS, pro se. Betsy Steinfeld Jividen, U.S. Attorney's Office, Wheeling, WV, for Respondent. ORDER ROBERT E. MAXWELL, District Judge. It will be recalled that on August 18, 2008, Magistrate Judge John S. Kaull filed his Report and Recommendation, wherein the parties were directed, in accordance with 28 U.S.C. § 636(b)(1), to file with the Clerk of Court any written objections within ten (10) days after being served with a copy of the Report and Recommendation. Peti... UNITED STATES of America v. Ricardo Martinez DE LA CRUZ, Defendant. , W.D.Va., October 30, 2009 Ryan L. Souders, United States Attorney's Office, Harrisonburg, VA, for United States of America. ORDER GLEN E. CONRAD, District Judge. It appearing that the magistrate judge has submitted a report and recommendation that the defendant's guilty plea be accepted; and it further appearing that no objections have been filed to said report and recommendation; and it appearing proper, it is ORDERED that said report and the findings and recommendation contained therein are hereby accepted in whol... UNITED STATES of America, v. Howard J. BEARD. , W.D.Va., October 30, 2009 2255 MEMORANDUM OPINION SAMUEL G. WILSON, United States District Judge. Howard J. Beard, a federal inmate proceeding pro se, filed this 28 U.S.C. § 2255 motion challenging his conviction and sentence of 213 months for conspiring to distribute cocaine base and two counts of distributing cocaine base. Beard alleges trial court error, prosecutorial misconduct, and several grounds of ineffective assistance of counsel. This matter is before the court on respondent's motion to dismiss. The court fi... Donald F. CASE, Jr., Administrator of the Estate of Dennis Lavelle Fayne, Plaintiff, v. Troxell Thomas MILLER and Pitt Ohio Express, Inc., Defendants. , W.D.Va., October 30, 2009 John Mark Cooper, Richard Neal Shapiro, Shapiro Cooper Lewis & Appleton PC, Virginia Beach, VA, for Plaintiff. David W. Hearn, Sands Anderson Marks & Miller, Richmond, VA, for Defendants. MEMORANDUM OPINION SAMUEL G. WILSON, District Judge. This is a wrongful death action brought under Va.Code. Ann. § 8.01-50 and pursuant to this court's diversity jurisdiction, 28 U.S.C. § 1332, by plaintiff, Donald F. Case Jr., administrator of the estate of Dennis Lavelle Fayne, one of three persons ki... Alvin Luther JONES, Plaintiff, v. Mr. Gene M. JOHNSON, et al., Defendants. , W.D.Va., October 30, 2009 MEMORANDUM OPINION JACKSON L. KISER, Senior District Judge. Alvin Luther Jones, a Virginia inmate proceeding pro se, filed a civil rights complaint, pursuant to 42 U.S.C. § 1983 with jurisdiction vested in 28 U.S.C. § 1343. Jones names as defendants: Gene Johnson, Director of the Virginia Department of Corrections ("VDOC"); Harvard Stephens, Chief Medical Officer for the VDOC; G.K. Washington, the VDOC's Regional Director for the Central Region; W.J. Townley, the Superintendent of Halifax Cor... Rodney E. STEWART, Plaintiff, v. Walter Douglas TUCK, Jr., Defendant. , W.D.Va., October 30, 2009 Rodney E. Stewart, White Deer, PA, pro se. Steven R. Minor, Robert Lucas Hobbs, Elliott Lawson & Minor PC, Bristol, VA, for Defendant. MEMORANDUM OPINION JACKSON L. KISER, Senior United States District Judge. Rodney E. Stewart, a federal prisoner proceeding pro se, filed a civil rights complaint, pursuant to 42 U.S.C. § 1983 with jurisdiction vested in 28 U.S.C. § 1343. Stewart names Walter Douglas Tuck, Jr., a Captain in the Wytheville Sheriff's Department, as the sole defendant. Stewar... Patricia A. GAMBOA, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Va., October 30, 2009 James Patterson Rogers, III, Attorney at Law, Danville, VA, for Plaintiff. Victor Pane, Office of General Counsel, SSA, Philadelphia, PA, for Defendant. ORDER JACKSON L. KISER, Senior United States District Judge. Before me is the Report and Recommendation of the United States Magistrate Judge recommending an Order be entered affirming the Commissioner's final decision, granting the Commissioner's Motion for Summary Judgment, and dismissing this case from the docket of the court. The Rep... Thomas L. SWITZER, Plaintiff, v. John T. HENNESSY, Defendant. , W.D.Va., October 30, 2009 Thomas L. Switzer, Waynesboro, VA, pro se. MEMORANDUM OPINION SAMUEL G. WILSON, District Judge. This is an action pursuant to 42 U.S.C. § 1983 by plaintiff, Thomas L. Switzer, proceeding in forma pauperis, against various Page County officials including the Commonwealth's Attorney, a Juvenile Domestic Relations Judge, and others involved in court proceedings in that county. For relief, Switzer seeks: (1) to remove the state court proceedings to this court; (2) to stay the state cour... Terrence GILBERT, et al., Plaintiffs, v. MEDICAL MUTUAL OF OHIO COMPANY, et al., Defendants. , S.D.W.Va., October 30, 2009 Holding: The District Court, Joseph R. Goodwin, Chief Judge, held that remand to plan administrator was warranted. Motions denied. C. Edward McDonough, Todd S. Wiseman, Wiseman Law Firm, Vienna, WV, for Plaintiffs. Christopher S. Williams, Laura C. McBride, Calfee Halter & Griswold, Cleveland, OH, Robert J. Kent, Bowles Rice McDavid Graff & Love, Parkersburg, WV, for Defendants. MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN, Chief Judge. Pending before the court are the parties' cro... Scott A. STICKLEY, Plaintiff, v. Tim SUTHERLY, et al., Defendants. , W.D.Va., October 30, 2009 Annette Kay Rubin, Law Office of Annette Kay Rubin, Leesburg, VA, for Plaintiff. Rosalie Pemberton Fessier, Timberlake Smith Thomas & Moses PC, Staunton, VA, for Defendants. MEMORANDUM OPINION SAMUEL G. WILSON, District Judge. This is an action pursuant to 42 U.S.C. § 1983 by plaintiff, Scott A. Stickley, who was formerly employed as a police officer for the Town of Strasburg, Virginia ("the Town"), against defendants, the Town, its Chief of Police, Tim Sutherly, and the Town Manager, Ke... William G. THORNE, Plaintiff, v. Kelly HALE et al., Defendants. , E.D.Va., October 29, 2009 William G. Thorne, Fredericksburg, VA, pro se. Alexander Francuzenko, Cook Kitts & Francuzenko PLLC, Fairfax, VA, for Defendants. MEMORANDUM OPINION JAMES C. CACHERIS, District Judge. This matter is before the Court on a Motion for Summary Judgment brought jointly by Defendants the Rappahannock Area Community Services Board (the "RACSB"); Kelly Hale ("Hale"), the Administrator of the Rappahannock Regional Drug Court; and Sharon Gillian (also known as "Sharon Killian") ("Killian"), the Fr... Greg GIVENS, Plaintiff, v. William CRISWELL and Rebecca Randolph, Defendants. , N.D.W.Va., October 29, 2009 Greg Givens, Shadyside, OH, pro se. Lee Murray Hall, Jenkins Fenstermaker, PLLC, Huntington, WV, James T. McClure , Gompers, Mccarthy & McClure, Wheeling, WV, Keith C. Gamble, Pullin Fowler Flanagan Brown & Poe PLLC, Morgantown, WV, for Defendants. ORDER/OPINION JOHN S. KAULL, United States Magistrate Judge. I. Procedural History A. Motion DE 146 It shall be recalled that on August 4, 2009, Plaintiff Greg Givens, pro se, filed a "Notice and Motion for Hearing on Defendant Non-Delivery o... Gilbert L. SPURLOCK, Plaintiff, v. Colonel Dana R. HURST and U.S. Army Corps of Engineers, Defendants. , S.D.W.Va., October 29, 2009 Gilbert L. Spurlock, Wayne, WV, pro se. Carol A. Casto, U.S. Attorney's Office, Charleston, WV, for Defendants. MEMORANDUM OPINION AND ORDER AND STATEMENT OF REASONS JOSEPH R. GOODWIN, Chief Judge. Plaintiff has noticed an appeal of the judgment order issued in this case granting the defendants' motion to dismiss. The Court has today denied plaintiff leave to proceed on appeal in forma pauperis. Federal Rule of Appellate Procedure 24 governs plaintiff's ability to proceed in forma pauper... UNITED STATES of America, v. Wesley MAYES, Defendant. , N.D.W.Va., October 29, 2009 ORDER/OPINION REGARDING RULE 11 HEARING JOHN S. KAULL, United States Magistrate Judge. This matter has been referred to the undersigned Magistrate Judge by the District Court for purposes of conducting proceedings pursuant to Federal Rule of Criminal Procedure 11. It shall be recalled that Defendant, Wesley Mayes, appeared in person and by counsel, Michael Sharley, on October 13, 2009. The Government appeared by Stephen Warner, its Assistant United States Attorney. The Court held the entir... JEFFERSON COUNTY PLANNING COMMISSION, Plaintiff, v. FAR AWAY FARMS, LLC, Defendant. , N.D.W.Va., October 29, 2009 Robert M. Bastress, Jr., Morgantown, WV, for Plaintiff. Richard G. Gay, Berkeley Springs, WV, for Defendant. ORDER GRANTING DEFENDANT'S MOTION TO DISMISS JOHN PRESTON BAILEY, Chief District Judge. On this day, the above-styled matter came before the Court upon consideration of Defendant Far Away Farms, LLC's ("FAF") Motion to Dismiss the Complaint [Doc. 3], plaintiff's Response in Opposition to the Motion to Dismiss [Doc. 6], and defendant's Reply [Doc. 7]. The Court has reviewed the rec... UNUM LIFE INSURANCE COMPANY OF AMERICA, Plaintiff, v. Charles W. WILSON, Defendant. , N.D.W.Va., October 29, 2009 David G. Kern, William R. Ellis, Roetzel & Andress, Cincinnati, OH, Robert L. Massie, Huddleston Bolen LLP, Huntington, WV, for Plaintiff. Gerard R. Stowers, Bowles, Rice, McDavid, Graff & Love, Charleston, WV, Timothy B. Butcher, Butcher & Butcher, Glenville, WV, for Defendant. ORDER GRANTING MOTION ON BEHALF OF CHARLES W. WILSON FOR SUMMARY JUDGMENT AND DENYING UNUM LIFE INSURANCE COMPANY OF AMERICA'S MOTION FOR SUMMARY JUDGMENT JOHN PRESTON BAILEY, District Judge. Pending before thi... Kristen SHIVELY, Plaintiff, v. CITY OF MARTINSVILLE, VIRGINIA, Henry County, Virginia, and Henry County 9-1-1 Communications Center, Defendants. , W.D.Va., October 29, 2009 Jeremy Ethridge Carroll, Patrick Ryan Kelly, Glenn Feldmann Darby & Goodlatte, Roanoke, VA, for Plaintiff. Adam Garrett Swann, Jim H. Guynn, Jr., Guynn Memmer & Dillon, PC, Salem, VA, for Defendants. Memorandum Opinion JACKSON L. KISER, Senior District Judge. Before me are the Defendants' Motions to Dismiss the Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The parties have fully briefed the issues and, on October 22, 2009, appeared before me to argu... Kristen SHIVELY, Plaintiff, v. CITY OF MARTINSVILLE, VIRGINIA, Henry County, Virginia, and Henry County 9-1-1 Communications Center, Defendants. , W.D.Va., October 29, 2009 John Michael Loeschen, John Loeschen Law Offices, Roanoke, VA, for Plaintiff. Jeremy Ethridge Carroll, Patrick Ryan Kelly, Glenn Feldmann Darby & Goodlatte, Roanoke, VA, Adam Garrett Swann, Jim H. Guynn, Jr., Guynn Memmer & Dillon, PC Salem, VA, for Defendants. Memorandum Opinion JACKSON L. KISER, Senior District Judge. Before me are the Defendants' Motions to Dismiss the Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The parties have fully briefed t... UNITED STATES of America v. Bianca Lavinia MAYNARD, Defendant. , W.D.Va., October 29, 2009 Jeb T. Terrien, Ryan L. Souders, United States Attorney's Office, Harrisonburg, VA, for United States of America. ORDER GLEN E. CONRAD, United States District Judge. It appearing that the magistrate judge has submitted a report and. recommendation that the defendant's guilty plea be accepted; and it further appearing that no objections have been filed to said report and recommendation; and it appearing proper, it is ORDERED that said report and the findings and recommendation contained ther... Wayne Jeffrey BRIDGES, Plaintiff, v. WISE COUNTY VIRGINIA CIRCUIT COURT, et al., Defendants. , W.D.Va., October 29, 2009 Wayne Jeffrey Bridges, Victoria, VA, pro se. MEMORANDUM OPINION GLEN E. CONRAD, United States District Judge. Plaintiff Wayne Jeffrey Bridges, a Virginia inmate proceeding pro se, has filed this civil rights action, pursuant to 42 U.S.C. § 1983, with jurisdiction vested under 28 U.S.C. § 1343. In his complaint, Bridges asserts that the defendant state court official has deprived him of his constitutional right to access the courts by refusing to provide him with free copies of transcripts. ... Leatrice BURGESS-LESTER, as Conservator of the Person and Estate of Barbara Jean Lester, Plaintiff, v. FORD MOTOR COMPANY, a Delaware Corporation, Defendant. , N.D.W.Va., October 29, 2009 Named Expert: Irene M. Keeley Edgar F. Heiskell, III, John A. Kessler, Carey Scott & Douglas PLLC, Charleston, WV, for Plaintiff. Donald H. Dawson, Jr., Dwight F. Klemczak, Kathleen A. Clark, Michael J. Miske, Robert N. Heston, Dawson & Clark, PC, Detroit, MI, Edward C. Stewart, Wheeler Trigg Kennedy LLP, Denver, CO, Michael Bonasso, Alonzo D. Washington, Susan W. Romaine, Flaherty Sensabaugh & Bonasso PLLC, Morgantown, WV, for Defendant. ORDER MEMORIALIZING ORAL RULINGS MADE AT THE FINAL ... John GRAVLEY, Petitioner, v. Tom SCOTT, Warden, Respondent. , N.D.W.Va., October 29, 2009 John Gravley, Morgantown, WV, pro se. ORDER ROBERT E. MAXWELL, District Judge. It will be recalled that on April 23, 2009, Magistrate Judge David J. Joel filed his Preliminary Review and Report and Recommendation Recommending Dismissal of the Petition, wherein the parties were directed, in accordance with 28 U.S.C. § 636(b)(1), to file with the Clerk of Court any written objections within ten (10) days after being served with a copy of the Report and Recommendation. No objections were timel... Anthony Duane STANFIELD, Petitioner, v. Gene M. JOHNSON, Respondent. , W.D.Va., October 29, 2009 Anthony Duane Stanfield, Baskerville, VA, pro se. John Watkins Blanton, Attorney General of Virginia, Richmond, VA, for Respondent. MEMORANDUM OPINION GLEN E. CONRAD, District Judge. Petitioner Anthony Duane Stanfield, a Virginia inmate proceeding pro se, brings this action as a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. In his petition, Stanfield challenges the validity of his confinement pursuant to the 2006 judgment of the Circuit Court for the City of Danvill... Ivan H. LEE, II, Plaintiff v. Bobby YEAGER, in his individual capacity as a Police Officer for the City of South Charleston; D.J. Pauley, in his individual capacity as a Police Officer for the City of South Charleston; and John Doe, John Noe, and J, S.D.W.Va., October 28, 2009 Melissa Foster Bird, Huddleston Bolen, Huntington, WV, Terri S. Baur, ACLU of West Virginia Foundation, Charleston, WV, for Plaintiff. Duane J. Ruggier, II, J. Victor Flanagan, David Alan Holtzapfel, Pullin Fowler Flanagan Brown & Poe, Charleston, WV, for Defendants. MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR., District Judge. Pending is the defendants' Supplemental Motion for Summary Judgment filed October 7, 2009, to which the plaintiff filed his response on October 16, 2009, ... Stephen B. MARSDEN, Plaintiff, v. ARNETT & FOSTER, P.L.L.C., Defendant. , S.D.W.Va., October 28, 2009 Stephen B. Marsden, South Charleston, WV, pro se. Charlotte A. Hoffman Norris, Michael J. Farrell, Farrell Farrell & Farrell, Huntington, WV, for Defendant. MEMORANDUM OPINION MARY E. STANLEY, United States Magistrate Judge. This is a case in which Plaintiff, proceeding pro se, alleges that Defendant, a firm of certified public accountants, discriminated against him on the bases of his race and his age when Defendant failed to interview or hire Plaintiff for a position as an IT (informat... Cinderella L. ALLEN, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Va., October 28, 2009 Susan A. Waddell, Guynn Memmer & Dillon, PC, Salem, VA, for Plaintiff. Kenneth Divito, Office of General Counsel, SSA, Philadelphia, PA, for Defendant. REPORT AND RECOMMENDATION MICHAEL F. URBANSKI, United States Magistrate Judge. Plaintiff, Cinderella L. Allen ("Allen"), brought this action for review of the Commissioner of Social Security's ("Commissioner") decision denying her claim for disability insurance benefits and supplemental security income under the Social Security Act ("Act"... Wanda SHELTON, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Va., October 28, 2009 Lewey Keith Lee, Lee & Phipps, P.C., Wise, VA, for Plaintiff. Robert W. Kosman, Social Security Administration, Philadelphia, PA, for Defendant. OPINION PAMELA MEADE SARGENT, United States Magistrate Judge. In this social security action, I am asked to rule on a motion for an attorney's fee, (Docket Item No. 18) ("the Motion"). Based on the reasoning set out below, the Motion will be granted, but in a reduced amount. Wanda Shelton filed this action challenging the final decision of th... PRINCETON WOODS, L.L.C., Plaintiff, v. PNC BANK, National Association, Defendant. , E.D.Va., October 28, 2009 Jerry Malcolm Phillips, Phillips Beckwith Hall & Chase, Fairfax, VA, for Plaintiff. Kenneth Ray Rhoad, David Thomas Lampton, Gebhardt & Smith LLP, Baltimore, MD, for Defendant. MEMORANDUM OPINION JAMES C. CACHERIS, District Judge. This matter is before the Court on Defendant PNC Bank, National Association's Motion to Dismiss Plaintiff Princeton Woods, L.L.C.'s complaint ("Complaint") for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reas... Arthur Wayne WHITE, Plaintiff, v. Michael ASTRUE, Commissioner, Social Security Administration, Defendant. , N.D.W.Va., October 28, 2009 Phillip S. Isner, Curnutte Law Office, Elkins, WV, for Plaintiff. Helen Campbell Altmeyer, U.S. Attorney's Office, Wheeling, WV, for Defendant. ORDER ROBERT E. MAXWELL, District Judge. The above-styled matter is before the Court for consideration of the Report and Recommendation of United States Magistrate Judge James E. Seibert. Magistrate Judge Seibert filed his Report and Recommendation on October 1, 2009, wherein the parties were directed, in accordance with 28 U.S.C. § 636(b)(1), to... UNITED STATES of America, Plaintiff, v. Daniel Alfred CORICA, Defendant. , N.D.W.Va., October 28, 2009 Stephen D. Warner, U.S. Attorney's Office, Elkins, WV, for Plaintiff. ORDER ROBERT E. MAXWELL, District Judge. It will be recalled that on October 7, 2009, Magistrate Judge Kaull filed his Amended Report and Recommendation, which addressed the Defendant's September 14, 2009 Motion to Suppress. In said Amended Report and Recommendation, the parties were directed, in accordance with 28 U.S.C. § 636(b)(1), to file with the Clerk of Court any written objections within ten (10) days after being ... Raymon I. DOBBINS, Petitioner, v. K. DEBOO, Warden, Respondent. , N.D.W.Va., October 28, 2009 Raymon I. Dobbins, Glenville, WV, pro se. Alan G. McGonigal, U.S. Attorney's Office, Wheeling, WV, for Respondent. ORDER ROBERT E. MAXWELL, District Judge. It will be recalled that on September 29, 2009, Magistrate Judge James E. Seibert filed his Report and Recommendation, wherein the parties were directed, in accordance with 28 U.S.C. § 636(b)(1), to file with the Clerk of Court any written objections within ten (10) days after being served with a copy of the Report and Recommendation.... Marcus Dominic BROOKS, Petitioner, v. UNITED STATES of America, Respondent. , N.D.W.Va., October 28, 2009 Marcus Dominic Brooks, USP Lewisburg, pro se. ORDER ROBERT E. MAXWELL, District Judge. It will be recalled that on January 5, 2009, Magistrate Judge James Seibert filed his Report and Recommendation That § 2255 Motion Be Denied, wherein the Petitioner was directed, in accordance with 28 U.S.C. § 636(b)(1), to file with the Clerk of Court any written objections within ten (10) days after being served with a copy of the Report and Recommendation. No objections to the Magistrate Judge's Report... Patricia A. GILLMAN, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Va., October 28, 2009 Eric Norman Laurenzo, Poindexter, Schorsch, Jones & Hill, P.C., Waynesboro, VA, for Plaintiff. Allyson Jozwik, Victor Pane, Office of General Counsel, SSA, Philadelphia, PA, for Defendant. REPORT AND RECOMMENDATION JAMES G. WELSH, United States Magistrate Judge. The plaintiff, Patricia A. Gillman, brings this action challenging the final decision of the Commissioner of the Social Security Administration ('the agency") denying her claim for Supplemental Security Income ("SSI") under T... Joseph W. KESTNER, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Va., October 28, 2009 A. Thomas Lane, Jr., A. Thomas Lane Jr. PC, Harrisonburg, VA, for Plaintiff. Andrew Charles Lynch, Taryn Faith Jasner, Office of General Counsel, SSA, Philadelphia, PA, for Defendant. REPORT AND RECOMMENDATION JAMES G. WELSH, United States Magistrate Judge. The plaintiff, Joseph W. Kestner, brings this action pursuant to 42 U.S.C. § 405(g) challenging the final decision of the Commissioner of the Social Security Administration ('the agency") denying his claims for a period of disabil... Gregory A. RICHARDSON, Plaintiff, v. Commonwealth of VIRGINIA, Defendant. , E.D.Va., October 28, 2009 Gregory Richardson, Waverly, VA, pro se. MEMORANDUM OPINION ROBERT E. PAYNE, Senior District Judge. Gregory Richardson, a Virginia detainee proceeding pro se, submitted this action which he titled a "MOTION TO VACATE, DECLARATORY JUDGMENT, RESTRAINING ORDER. Richardson has amassed an extensive history of frivolous and abusive litigation. Memorandum Order, Richardson v. Virginia Dep't of Corr., et al., No. 3:07cv514 (E.D.Va. December 9, 2008). Thus, Richardson's litigation in this district i... Josette M. FERRELL, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Va., October 28, 2009 Josette M. Ferrell, Richmond, VA, pro se. Robin Elaine Perrin, United States Attorney Office, Richmond, VA, for Defendant. ORDER ROBERT E. PAYNE, Senior District Judge. This matter is before the Court on the Report and Recommendation of the Magistrate Judge (R & R) entered on October 8, 2009. The time to file objections has expired and neither party has objected to the R & R. Having considered the matter and deeming it otherwise proper and just to do so, it is hereby ORDERED: (1) The... Romania Peter CUNNINGHAM, Petitioner, v. FEDERAL BUREAU OF PRISONS, Respondent. , W.D.Va., October 28, 2009 Romania Peter Cunningham, Jonesville, VA, pro se. MEMORANDUM OPINION GLEN E. CONRAD, District Judge. Petitioner Romania Peter Cunningham, a federal inmate proceeding pro se, brings this action as a petition for a writ of mandamus, pursuant to 28 U.S.C. § 1361. In his petition, Cunningham seeks an order compelling unnamed officials of the Federal Bureau of Prisons ("BOP") to accept and respond in a timely manner to inmate requests at each level of the prison grievance procedures. Upon review... RCI CONTRACTORS & ENGINEERS, INC., Plaintiff, v. JOE RAINERO TILE COMPANY, INC., et al., Defendants. , W.D.Va., October 28, 2009 A. Benton Chafin, Jr., Chafin Law Firm, Lebanon, VA, and Timothy R. Wadsworth, Tim R. Wadsworth Law Offices, Sulligent, AL, for Plaintiff. Howard C. McElroy, McElroy, Hodges & Caldwell, Abingdon, VA, for Defendant Kaiser Industries, Ltd. OPINION JAMES P. JONES, Chief District Judge. In this civil diversity case, one of the defendants, Kaiser Industries, Ltd., moved to dismiss for lack of personal jurisdiction, pursuant to Federal Rule of Civil Procedure 12(b)(2). Following argument on th... Aron D. STITH, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Va., October 27, 2009 Martin Douglas Wegbreit, Central Virginia Legal Aid Society, Inc., Richmond, VA, for Plaintiff. Jonathan Holland Hambrick, Office of the U.S. Attorney, Richmond, VA, for Defendant. MEMORANDUM OPINION RICHARD L. WILLIAMS, Senior District Judge. This matter is before the Court to consider Plaintiff's objections to the Report and Recommendation ("R & R") entered by the Honorable Dennis W. Dohnal, United States Magistrate Judge, on September 22, 2009, pursuant to 28 U.S.C. § 636(b)(1)(B), af... UNITED STATES of America, v. David Anthony RUNYON, Defendant. , E.D.Va., October 27, 2009 Blair C. Perez, United States Attorney's Office, Norfolk, VA, Brian J. Samuels, Lisa Rae McKeel, United States Attorney's Office, Newport News, VA, for United States of America. MEMORANDUM ORDER REBECCA BEACH SMITH, District Judge. On September 4, 2009, this court entered an order allowing the defendant, David Anthony Runyon, an extension of time to file post-trial motions, pursuant to Federal Rule of Criminal Procedure 57(b). (See Docket # 296.) Accordingly, the defendant has filed a Motio... INDEPENDENCE FEDERAL SAVINGS BANK, Plaintiff, v. Jay Bonanza BRILEY, et al., Defendants. , E.D.Va., October 27, 2009 Stephen Warren Nichols, Cooter, Mangold, Deckelbaum & Karas, LLP, Washington, DC, for Plaintiff. Natasha Marie Zech, Roetzel & Andress LPA, Washington, DC, for Defendants. Memorandum Opinion LIAM O'GRADY, District Judge. Entities owned and controlled by Defendant Jay Briley. "J.B.B. 1033 Park Road, LLC" and "Briley Builders, Inc" (the "Makers"), executed a Note in favor of Plaintiff Independence Federal Savings Bank ("IFSB" or "the Bank"), which Defendants Jay and Constance Briley ("the ... UNITED STATES of America v. Richard Earl JAENSCH, Defendant. , E.D.Va., October 27, 2009 Matthew Brandon Greiner, U.S. Attorney Office, Alexandria, VA, for United States of America. ORDER T.S. ELLIS, III, District Judge. The matter came before the Court for a final pretrial hearing. Defendant is charged with unlawfully producing and transferring identification documents in violation of 18 U.S.C. §§ 1028(a)(1) and 1028(a)(2). This Order memorializes and elaborates upon rulings issued from the bench at the conclusion of the hearing held on October 27, 2009. On October 24, 2009... Terry F. CANTRELL, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , S.D.W.Va., October 27, 2009 Rose A. Cyrus, Greiner & Cyrus, Huntington, WV, for Plaintiff. Carol A. Casto, U.S. Attorney's Office, Charleston, WV, Donna L. Calvert, Social Security Administration Office of General Counsel, Philadelphia, PA, for Defendant. MEMORANDUM ORDER MAURICE G. TAYLOR, JR., United States Magistrate Judge. In this action, filed under the provision of 42 U.S.C. §§ 405(g) and 1383(c)(3), plaintiff seeks review of the final decision of the Commissioner of Social Security denying his applications ... CARMICHAEL EQUIPMENT, INC., an Ohio corporation, Plaintiff, v. DIAMOND MOWERS, INC., a purported Sough Dakota corporation, Defendant. , S.D.W.Va., October 27, 2009 Richard A. Hayhurst, Parkersburg, WV, for Plaintiff. Charles K. Gould, John Andrew Hess, Jenkins Fenstermaker, Huntington, WV, for Defendant. MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS, District Judge. Pending before the Court is Defendant Diamond Mowers, Inc.'s Motion to Dismiss [doc. no. 10] and Plaintiff Carmichael Equipment, Inc.'s Motion for Leave to File First Amended Complaint [doc. no. 7]. For the following reasons, the Court GRANTS Defendant's Motion to Dismiss and DENIES a... Fred Lewis WILSON, Plaintiff, v. Warden Tracy RAY, et al., Defendants. , W.D.Va., October 27, 2009 Fred Lewis Wilson, Pound, VA, pro se. MEMORANDUM OPINION GLEN E. CONRAD, District Judge. Plaintiff Fred Lewis Wilson, a Virginia inmate proceeding pro se, has filed this civil rights action, pursuant to 42 U.S.C. § 1983, with jurisdiction vested under 28 U.S.C. § 1343. In his complaint, Wilson alleges that the defendant prison officials acted with deliberate indifference to dangerous conditions in the inmates' shower, in violation of his Eighth Amendment rights. Upon review of the record, t... Bryon WINCKLER, Petitioner, v. Gene H. JOHNSON, Director of the Virginia Department of Corrections, Respondent. , E.D.Va., October 27, 2009 Byron Darnell Winckler, State Farm, VA, pro se. Rosemary Bourne, Office of the Attorney General, Richmond, VA, for Respondent. FINAL ORDER JEROME B. FRIEDMAN, District Judge. This matter was initiated by petition for a writ of habeas corpus under 28 U.S.C. § 2254. The petition alleges violation of federal rights pertaining to petitioner's convictions on December 16, 2005, in the Circuit Court for Henrico County, Virginia, for two counts of robbery and two counts of use of a firearm in t... Ralph JOHNSON, Petitioner, v. Kuma J. DEBOO, Warden, Respondent. , N.D.W.Va., October 26, 2009 Ralph Johnson, Glenville, WV, pro se. Daniel W. Dickinson, Jr., U.S. Attorney's Office, Wheeling, WV, for Respondent. MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE FREDERICK P. STAMP, JR., District Judge. I. Background The pro se [FN1] petitioner, Ralph Johnson, is currently serving a seventy-month federal sentence imposed in the United States District Court for the Southern District of Indiana. The petitioner filed an application for ha... Peter KALOS, et al., Plaintiffs, v. LAW OFFICES OF EUGENE A. SEIDEL, P.A., et al., Defendants. , E.D.Va., October 26, 2009 Peter Kalos, Manassas, VA, pro se. Veron Lee Kalos, Manassas, VA, pro se. MEMORANDUM OPINION JAMES C. CACHERIS, District Judge. This matter is before the Court on four Motions to Dismiss Plaintiffs' Complaint filed by Defendants Law Offices of Eugene A. Seidel, P.A. ("Seidel"), Draper & Goldberg, PLLC ("Draper"), Virginia Commerce Bank ("VCB"), Daniel Borinsky ("Borinsky"). Also before the Court are a plethora of motions--Motion to Strike Immaterial Matters contained in Draper's Motion t... Shirley L. BAKER, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , S.D.W.Va., October 26, 2009 MEMORANDUM ORDER MAURICE G. TAYLOR, JR., United States Magistrate Judge. In this action, filed under the provisions of 42 U.S.C. § 1383(c)(3), plaintiff seeks review of the final decision of the Commissioner of Social Security denying her application for supplemental security income based on disability. The case is presently pending before the Court on cross-motions of the parties for judgment on the pleadings. Plaintiff filed her application on November 5, 2003, alleging disability as a c... UNITED STATES of America v. Charles Alexander HUGHES, Sr. , S.D.W.Va., October 26, 2009 Charles Alexander Hughes, Sr., Ashland, KY, pro se. ORDER ROBERT C. CHAMBERS, District Judge. This action was referred to the Honorable Maurice G. Taylor, Jr., United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact, found that the motion filed is untimely by reasons of the applicable statute of limitation, and recommended that the C... Thomas Spiral TALBERT, Plaintiff, v. Larry PARSONS, Defendant. , S.D.W.Va., October 26, 2009 Thomas Spiral Talbert, Mt. Olive, WV, pro se. ORDER ROBERT C. CHAMBERS, District Judge. This action was referred to the Honorable Maurice G. Taylor, Jr., United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that Plaintiff's application to proceed in forma pauperis be granted and that his complaint and this action b... Leonard O. POWERS, Plaintiff v. EQUITABLE PRODUCTION COMPANY, etc., Defendant. , W.D.Va., October 26, 2009 Leonard O. Powers, Weippe, ID, pro se. Scott W. Mullins, Scott W. Mullins, P.C., Coeburn, VA, for Defendant. REPORT AND RECOMMENDATION PAMELA MEADE SARGENT, United States Magistrate Judge. This case comes before the court on plaintiff's Motion For Summary Judgment, (Docket Item No. 13) ("Motion"). The Motion is before the undersigned magistrate judge by referral pursuant to 28 U .S.C. § 636(b)(1)(B). As directed by the order of referral, the undersigned now submits the following report a... XCOAL ENERGY & RESOURCES LP, Plaintiff, v. Landon Keller SMITH, et al., Defendants. , W.D.Va., October 26, 2009 Hunter E. Sims, Jr., and R. Johan Conrod, Jr., Kaufman & Canoles, P. C., Norfolk, VA, for Plaintiff. Steven R. Minor, Elliot Lawson & Minor, Bristol, VI, for Defendants. OPINION AND ORDER JAMES P. JONES, Chief Judge. In this civil fraud case, the jury was improperly subjected to extraneous information prior to its verdict. After an examination of the jurors confirmed the receipt of this information and its circumstances, I find that there is a reasonable possibility that the verdict was ... Marquis BURCH, Petitioner, v. Gene M. JOHNSON, Director of the Virginia Department of Corrections, Respondent. , E.D.Va., October 26, 2009 Marquis Burch, Waverly, VA, pro se. Thomas Drummond Bagwell, Office of the Attorney General, Richmond, VA, for Respondent. FINAL ORDER MARK S. DAVIS, District Judge. This matter was initiated by petition for a writ of habeas corpus under 28 U.S.C. § 2254. The petition alleges violation of federal rights pertaining to Petitioner's conviction on June 30, 2005, in the Circuit Court of the City of Norfolk, Virginia, for four (4) counts of robbery, two (2) counts of use of a firearm during a... Gregory A. RICHARDSON, Petitioner, v. Commonwealth of VIRGINIA, et al., Respondents. , E.D.Va., October 26, 2009 Gregory A. Richardson, Waverly, VA, pro se. MEMORANDUM OPINION ROBERT E. PAYNE, Senior District Judge. Gregory Richardson, a Virginia detainee proceeding pro se, submitted this petition for a writ of habeas corpus. Richardson has amassed an extensive history of frivolous and abusive litigation. Memorandum Order, Richardson v. Virginia Dep't of Corr., et al., No. 3:07cv514 (E.D.Va. December 9, 2008). All of Richardson's litigation in this district is therefore subject to the following prefil... Charles F. LAYMAN, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Va., October 26, 2009 Roger Allen Ritchie, Ritchie Law Firm PLC, Harrisonburg, VA, for Plaintiff. Allyson Jozwik, Office of General Counsel, SSA, Philadelphia, PA, for Defendant. ORDER NORMAN K. MOON, District Judge. On July 28, 2009, I referred this case to the Honorable B. Waugh Crigler, United States Magistrate Judge, for proposed findings of fact and a recommended disposition. The parties subsequently filed cross motions for summary judgment [docket nos. 12, 14]. On October 1, 2009, the Magistrate Judge f... Anthony Malik BROWN, Plaintiff, v. Gene JOHNSON, et al., Defendant. , W.D.Va., October 26, 2009 Anthony Malik Brown, Big Stone Gap, VA, pro se. MEMORANDUM OPINION SAMUEL G. WILSON, District Judge. Plaintiff Anthony Malik Brown, a Virginia inmate proceeding pro se, brings this action pursuant to 42 U.S.C. § 1983, with jurisdiction vested under 28 U.S.C. § 1343. Brown complains that the defendants have violated his Eighth and Fourteenth Amendment rights by failing to transfer him to a lower-level security institution. The court finds that Brown's complaint is frivolous and, therefore, d... James Dallas GOODSON, Petitioner, v. Commonwealth of VIRGINIA, Respondent. , W.D.Va., October 26, 2009 James Dallas Goodson, Meadowview, VA, pro se. MEMORANDUM OPINION SAMUEL G. WILSON, District Judge. Petitioner James Dallas Goodson, a Virginia inmate proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his 2009 rape conviction in the Washington County Circuit Court. As grounds for relief, Goodson argues ineffective assistance of counsel. The court finds that Goodson has failed to exhaust his state court remedies before filing this feder... UNITED STATES of America v. Richard Earl JAENSCH, Defendant. , E.D.Va., October 23, 2009 Matthew Brandon Greiner, U.S. Attorney Office, Alexandria, VA, for Plaintiff. ORDER T.S. ELLIS, III, District Judge. The matter came before the Court on defendant's motion to dismiss the indictment as void for vagueness (Docket No. 64). Defendant, who is charged with producing and transferring identification documents without lawful authority, argues that the charges should be dismissed because the statute he is accused of violating is unconstitutionally vague. The matter has been fully bri... UNITED STATES of America v. Richard Earl JAENSCH, Defendant. , E.D.Va., October 23, 2009 Matthew Brandon Greiner, U.S. Attorney Office, Alexandria, VA, for United States of America. ORDER T.S. ELLIS, III, District Judge. The matter came before the Court on Janet Lockerby Jaensch's motion to reconsider the order denying her motion to quash subpoenas duces tecum. After briefing and oral argument, the Court, by Order dated October 16,2009, granted the government's request, pursuant to Rule 17(c), for early production by Mrs. Jaensch of handwriting exemplars. See United States v. J... UNITED STATES of America v. Michael MILAN, Defendant. , E.D.Va., October 23, 2009 Derek Andreson, U.S. Attorney's Office, Alexandria, VA, for United States of America. Nina J. Ginsberg, Dimuro Ginsberg & Mook PC, Alexandria, VA, for Defendant. ORDER T.S. ELLIS, III, District Judge. The matter comes before the Court on defendant Michael Milan's motion to sever count XII of the Superseding Indictment, which charges defendant with obstruction of justice. The Superseding Indictment, dated July 23, 2009, alleges twelve total counts: Count I for conspiracy to commit wire fr... Rodney HILL, Petitioner v. UNITED STATES of America, Respondent. , N.D.W.Va., October 23, 2009 Rodney Hill, Adelanto, CA, pro se. Daniel W. Dickinson, Jr., Rita R. Valdrini, U.S. Attorney's Office, Wheeling, WV, for Respondent. OPINION/REPORT AND RECOMMENDATION JOHN S. KAULL, United States Magistrate Judge. I. Procedural History On February 12, 2009, the Court received a new case from the petitioner titled "Order to Cause for a(sic) Injunction, a Temporary Restraining Order." In the "Order to Cause," the petitioner asserts that an injunction should issue upon his complaint of lost ... Anthony Malik BROWN, Plaintiff, v. Gene JOHNSON, et al., Defendants. , W.D.Va., October 23, 2009 Anthony Malik Brown, Big Stone Gap, VA, pro se. MEMORANDUM OPINION AND ORDER SAMUEL G. WILSON, District Judge. This matter is before the court upon plaintiff's motion for a preliminary injunction [Docket # 6]. Plaintiff requests that this court issue a order enjoining the defendants from "continuously violating [his] 8th and 14th Amendment Rights and Due Process Rights" by not changing his security classification and transferring him to a lower-security facility within the Virginia Departme... Ronald SEYMOUR, et al., Plaintiffs, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant. , S.D.W.Va., October 23, 2009 Christopher B. Frost, Ralph C. Young, Hamilton Burgess Young & Pollard, Fayetteville, WV, for Plaintiffs. R. Terrance Rodgers, Allen Guthrie McHugh & Thomas, Charleston, WV, for Defendant. MEMORANDUM OPINION & ORDER JOSEPH R. GOODWIN, Chief Judge. Pending before the court is the defendant Federal Deposit Insurance Corporation's Motion to Dismiss Plaintiffs' Complaint for Lack of Subject Matter Jurisdiction [Docket 99]. For the reasons explained below, this motion is GRANTED. The plaintif... RUTHERFORD CONTROLS INT'L CORP. (a Canadian corporation), et al., Plaintiffs, v. ALARM CONTROLS CORP., et al., Defendants. , E.D.Va., October 23, 2009 Peder Andrew Garske, Adam Jay Smith, Frederick W. Chockley, III, Mark Harrell Tidman, Neal Seth, William Carl Bergmann, Baker & Hostetler LLP, Washington, DC, for Plaintiffs. Lawrence Alexis Dunn, Morris & Morris, Richmond, VA, Clement Cheng, Newhope Law PC, Fountain Valley, CA, Vincent Chee Kwan Chan, San Gabriel, CA, Vincent Yehsen Lin, Law Offices of Vincent Y. Lin, City of Industry, CA, Richard Johan Conrod, Jr., Stephen Edward Noona, Kaufman & Canoles PC, Norfolk, VA, Jaye Gerald Heybl,... UNITED STATES of America v. Cecil Edward WAMPLER, Jr. , W.D.Va., October 23, 2009 Jennifer R. Bockhorst, United States Attorneys Office, Abingdon, VA, for United States of America. Dennis Eugene Jones, Dennis E. Jones & Associates, Lebanon, VA, for Cecil Edward Wampler, Jr. 2255 MEMORANDUM OPINION JAMES C. TURK, Senior District Judge. Petitioner Cecil Edward Wampler, Jr., a federal inmate proceeding pro se, filed a motion to vacate, set aside or correct sentence, pursuant to 28 U.S.C. § 2255. Upon review of the record, the court concludes that the action must be dismi... UNITED STATES of America, v. Dennis Blake SINGLETON. , W.D.Va., October 23, 2009 Donald Ray Wolthuis, United States Attorneys Office, Roanoke, VA, for United States of America. 2255 MEMORANDUM OPINION NORMAN K. MOON, District Judge. Dennis Blake Singleton, a federal inmate proceeding pro se, filed this motion, pursuant to 28 U.S.C. § 2255, challenging his guilty plea and convictions for conspiring to possess with the intent to distribute methamphetamine and possessing a firearm as a felon. Singleton claims that his plea was not knowing and voluntary, that he was denied ... William T. JONES, Jr., Petitioner, v. R.C. MATHENA, Warden, Respondent. , W.D.Va., October 23, 2009 William T. Jones, Jr., Oakwood, VA, pro se. Joshua Mikell Didlake, Office of the Attorney General, Richmond, VA, for Respondent. MEMORANDUM OPINION GLEN E. CONRAD, District Judge. Petitioner William T. Jones, Jr., a Virginia inmate proceeding pro se, brings this action as a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. In his petition, Jones challenges the validity of his confinement pursuant to the 2006 judgment of the Staunton Circuit Court under which he stands c... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com