UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . James Lester Roudabush, Jr., appeals the district court's order dismissing his 42 U.S.C. 1983 (2012) civil action. We have reviewed the record and find no reversible error. Accordingly, although we grant Roudabush's motion to file an addendum to his informal opening brief, we affirm for the reasons stated by the district court. Roudabush v. Milano, No. 2:13-cv-00581-RBS-TEM (E.D. Va. June 23,...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . William Thomas Davis seeks to appeal the district court's order accepting the recommendation of the magistrate judge and denying his 28 U.S.C. 2255 (2012) motion. Among other things, Davis claimed that it was constitutional error to apply the residual clause of the Armed Career Criminal Act (ACCA) to enhance his sentence and that the residual clause of the ACCA was unconstitutionally vague. After...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Jonathan Demetrio Sanders seeks to appeal the district court's order denying relief on his 28 U.S.C. 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. 2253(c)(1)(B) (2012). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2) (...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Larry Shane King appeals the district court's judgment sentencing him to 151 months of imprisonment pursuant to his conviction for conspiring to manufacture quantities of a mixture and substance containing a detectable amount of methamphetamine, in violation of 21 U.S.C. 841(a)(1), 846 (2012). King's counsel filed a brief pursuant to Anders v. California , 386 U.S. 738 (1967), certifying that...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Rafael Arturo Velasquez-Martinez, his wife, Maritza Isabel Barriga-Vega, and their three children, natives and citizens of Colombia, petition for review of an order of the Board of Immigration Appeals (Board) dismissing their appeal from the immigration judge's denial of Velasquez-Martinez's requests for asylum, withholding of removal, and protection under the Convention Against Torture. We have...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Antoine J. China appeals from the district court's order adopting the recommendation of the magistrate judge and granting summary judgment to Defendants in his 42 U.S.C. 1983 (2012) civil rights action. He challenges that ruling and the magistrate judge's rulings denying his motions to appoint counsel, to compel, and for a default judgment. Appellees move to dismiss the appeal as untimely. We have...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Antonio Taste pled guilty, pursuant to a written plea agreement, to possessing a firearm after being convicted of a felony, in violation of 18 U.S.C. 922(g)(1), 924 (2012). He was sentenced under the Armed Career Criminal Act (ACCA) to 180 months in prison. After an unsuccessful direct appeal, Taste filed a 28 U.S.C. 2255 (2012) motion, arguing that his four North Carolina breaking and entering...
FLOYD , Circuit Judge : In this case we must determine whether an insurance company properly denied coverage to its insured. In 2006, entities and individuals related to Appellant W.C. & A.N. Miller Development Company (Miller) were sued in a contract dispute. Subsequently, in 2010, Miller entered into a liability insurance contract with Appellee Continental Casualty Company (Continental). Miller itself was sued in 2010 in a fraudulent conveyance action seeking recovery on the judgment...
DUNCAN , Circuit Judge : After expedited proceedings authorized by the Immigration and Nationality Act ("INA"), the Department of Homeland Security ("DHS") ordered petitioner Eddy Etienne's removal, on the grounds that he is an alien who has been convicted of an "aggravated felony." See 8 U.S.C. 1227(a)(2)(A)(iii), 1228(b). For the reasons that follow, we conclude that we have jurisdiction to hear Etienne's petition for review but that his argument that his conviction does not...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Michael Scott Sistler seeks to appeal the district court's order denying relief on his 28 U.S.C. 2254 (2012) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. 2253(c)(1)(A) (2012). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2) (2012)....
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Supreme King Justice Allah seeks to appeal the district court's order accepting the recommendation of the magistrate judge and dismissing his successive 28 U.S.C. 2254 (2012) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. 2253(c)(1)(A) (2012). A certificate of appealability will not issue absent "a substantial showing of...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Irene Hitchens appeals the district court's order adopting the magistrate judge's recommendation and upholding the Commissioner's denial of Hitchens' applications for disability benefits and supplemental security income. Our review of the Commissioner's determination is limited to evaluating whether the findings are supported by substantial evidence and whether the correct law was applied. See...
BARBARA MILANO KEENAN , Circuit Judge : While serving a fifty-seven year sentence at the United States Penitentiary in Bruceton Mills, West Virginia (USP Hazelton), Joshua Rich was attacked in a recreation area, or "cage," by several other inmates. He was severely beaten and stabbed several times. A nine-inch-long homemade knife was recovered at the scene. Rich suffered serious injuries, including liver laceration, which required numerous invasive surgeries. Rich sued the United States...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Christopher D. Parham appeals the district court's order affirming the Commissioner's denial of disability insurance benefits and supplemental security income. For the reasons that follow, we reverse and remand. On appeal, Parham asserts that a January 30, 2013 questionnaire completed by Dr. DePalma, one of Parham's treating physicians, was new and material evidence that rendered the disability...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Nancy and Gary Fleming appeal the district court's order dismissing their lawsuit, one of many in multidistrict litigation, arising out of injuries sustained from transvaginal mesh manufactured by Defendant Boston Scientific Corporation (BSC). Applying Florida law, the district court granted BSC's motion for summary judgment to dismiss their claims as to the Pinnacle as barred by the applicable...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : This case concerns the efforts of Plaintiffs-Appellants Sostones and Yolanda Pena to retain possession of their real estate in Loudoun County, Virginia, after they defaulted on their mortgage loan and the property was sold at a foreclosure sale. Defendant-Appellee HSBC Bank USA, N.A. ("HSBC"), as Trustee for Deutsche Alt-A Securities Mortgage Loan Trust, Series 2007-OA2, was the beneficiary of the...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Damon Keyon Jones appeals from the district court's amended judgment revoking his supervised release and sentencing him to 48 months' imprisonment. On appeal, Jones argues that this sentence is substantively unreasonable. We affirm. This court will affirm a sentence imposed after revocation of supervised release "if it is within the statutory maximum and is not `plainly unreasonable.'" United States...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Jermaine Whitaker pled guilty, without a plea agreement, to possession with intent to distribute a mixture and substance containing a detectable amount of heroin, in violation of 21 U.S.C. 841(a)(1) (2012), and two counts of possession of firearms and ammunition by a convicted felon, in violation of 18 U.S.C. 922(g)(1) (2012). On appeal, Whitaker challenges the district court's application of a...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Pedro Oscar Dieguez was convicted after a jury trial of conspiracy to distribute and to possess with intent to distribute at least five kilograms of cocaine and conspiracy to launder funds. He was sentenced to 400 months in prison. He appeals his convictions and sentence on numerous grounds. We affirm. I. Dieguez first contends that the jury was confused by the unrelated and unreliable testimony...
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM : Starsha Sewell appeals the district court's orders dismissing this action without prejudice for failure to serve process and denying her motion for reconsideration. We have reviewed the record and find no reversible error. Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeal for the reasons stated by the district court. Sewell v. Washington Metro. Area Transit Auth., No. 8:...
