RECOMMENDED DISPOSITION HANLY A. INGRAM , Magistrate Judge . On November 24, 2014, pro se Defendant Darmus Dalton filed a motion under 28 U.S.C. 2255 to vacate, set aside, or correct sentence by a person in federal custody. D.E. 351. The United States filed a response in opposition to Defendant's motion on April 2, 2015. D.E. 388. Defendant filed a reply on April 27, 2015. D.E. 399. Pursuant to local practice and 28 U.S.C. 636(b)(1)(B), this matter was referred to the undersigned for a...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION EDWARD B. ATKINS , Magistrate Judge . This matter came before the undersigned for the Defendant George Ric Clair's Final Supervised Release Revocation Hearing on December 11, 2015, at the Federal Courthouse in Ashland, Kentucky. The revocation hearing was based upon two alleged violations of Defendant's terms of supervised release failures to make restitution payments, as detailed in the violation report dated November 3, 2015. The Defendant...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES , District Judge . Defendant Unlawful Narcotics Investigations, Treatment and Education, Inc. ("UNITE") has filed a motion to dismiss the claims that Plaintiff Alberto Harris has asserted against it. [Record No. 6] With regard to the federal claims, UNITE argues that that it cannot be held liable under 42 U.S.C. 1983 for allegations based on respondeat superior liability. [Record No. 6-1, pp. 4-6] Further, it alleges that the plaintiff has...
MEMORANDUM OPINION AND ORDER AMUL R. THAPAR , District Judge . The United States of America has tremendous power over its citizens. It can prosecute them for criminal activities and sue them civilly. Because the United States has such great power, it also has great responsibility. In the civil context, that responsibility requires the United States to exercise care and discretion before wielding the power of the federal government against its citizens. Why Because litigation is costly,...
MEMORANDUM OPINION AND ORDER ROBERT E. WIER , Magistrate Judge . Plaintiff J & J Sports Productions, Inc. (J & J Sports) moved for summary judgment on all claims against Defendant Tonita Restaurant, LLC, an unknown business entity d/b/a Tonita Restaurant a/k/a Club Nocturno Tonitas Bar/Grill/Nightclub (Tonita). 1 DE #36 (Motion). 2 Defendant did not respond. 3 The motion is ripe for consideration. For the following reasons, the Court GRANTS IN PART and DENIES IN PART Plaintiff's...
MEMORANDUM OPINION AND ORDER WILLIAM O. BERTELSMAN , District Judge . This matter is before the Court on defendants' joint motion to dismiss (Doc. 29). The Court previously heard oral argument on this motion and took it under submission. (Doc. 55). Having given this matter further study, the Court now issues this Memorandum Opinion and Order. Factual and Procedural Background 1 Plaintiffs S.R. and L.G. are two elementary schoolchildren with disabilities who were ages eight and nine...
OPINION AND ORDER KAREN K. CALDWELL , Chief District Judge . The plaintiff moves the Court to remand (DE 8) this matter to Fayette Circuit Court and the defendant moves the Court to dismiss this matter pursuant to the parties' agreement to mediate disputes between them (DE 2). Because this matter unquestionably meets the requirements for this Court's jurisdiction, the motion to remand must be denied. Further, because the parties explicitly agreed to submit disputes such as those at issue...
MEMORANDUM OPINION AND ORDER AMUL R. THAPAR , District Judge . When Buford Fletcher became a resident at Salyersville Nursing and Rehabilitation Center, he signed a contract in which he agreed to arbitrate any claims that he might have against Salyersville as a result of his stay there. Fletcher later sued in Kentucky state court, alleging that Salyersville had been negligent and had breached various duties that it owed him. Salyersville now moves to compel arbitration. Fletcher's primary...
MEMORANDUM OPINION AND ORDER KAREN K. CALDWELL , Chief District Judge . Anthony Leon Carroll is an inmate formerly confined at the Federal Medical Center in Lexington, Kentucky. Proceeding without an attorney, Carroll filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241 on August 11, 2014, contending that the Bureau of Prisons ("BOP") wrongfully convicted him of a disciplinary infraction, resulting in the loss of 41 days of good conduct time. [R. 1] At the...
PLAINTIFF MEMORANDUM OPINION AND ORDER DAVID BUNNING , District Judge . Plaintiff Keith Russell, on behalf of himself and others similarly situated, seeks class certification of an unjust enrichment claim asserted against his former employers, Defendants Citigroup, Inc. and Citicorp Credit Services, Inc. (collectively, "Citi"). Specifically, Russell alleges that Citi unjustly enriched itself by instructing its phone representatives to perform certain work-related tasks before beginning (...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES , District Judge . Defendant Rashard Ross is currently serving a 74-month sentence imposed following his guilty plea to possession with intent to distribute heroin in violation of 21 U.S.C. 841(a)(1) and 846. [Record Nos. 3; 89] The sentencing hearing was held, and Judgment was entered, on September 1, 2011. [Record No. 89] On August 25, 2014, Ross filed a pro se motion to reduce his sentence under 18 U.S.C. 3582. [Record No. 91] That...
MEMORANDUM OPINION AND ORDER David L. Bunning , United States District Judge . This breach of contract, bad faith, and Kentucky Unfair Claims Settlement Practices Act action arises from Defendant Philadelphia Indemnity Insurance Company's failure to defend and indemnify Plaintiffs, The Point/Arc of Northern Kentucky, Inc., Judi Gerding, and Jo Anne Mahorney, during and after the settlement of a tort case. The parties have filed Cross-Motions for Summary Judgment (Docs. # 90 and 91). The...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES , District Judge . Inmate William Stevens is confined by the Bureau of Prisons ("BOP") at the Federal Correctional Institution in Edgefield, South Carolina. Proceeding without an attorney, Stevens has filed a motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. [Record No. 79] On March 27, 2007, he was sentenced to 188 months of imprisonment after pleading guilty to two counts of possessing with intent to distribute crack...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES , District Judge . On May 21, 2012, Defendant Raynard O. Mosley pleaded guilty to possession with intent to distribute 28 grams or more of cocaine base in violation of 21 U.S.C. 841(a)(1). [Record No. 15] Mosley was sentenced to a total term of imprisonment of 187 months 1 followed by eight years of supervised release. [Record No. 23] On August 5, 2014, Mosley filed a motion for a sentence reduction under 18 U.S.C. 3582. However, that...
ORDER AMUL R. THAPAR , District Judge . In 2013, Michael Wright was convicted of conspiracy to distribute oxycodone and conspiracy to launder proceeds of unlawful activity, in violation of 21 U.S.C. 846 and 18 U.S.C. 1956(h), respectively. See R. 974 (Judgment). He was sentenced to 160 months in prison, id. at 2, followed by 7 years of supervised release, id. at 3. In November 2014, Wright filed a motion to vacate his conviction pursuant to 28 U.S.C. 2255. R. 1251. Therein, he...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES , District Judge . This matter is pending for consideration of Defendant Lee Murray Miller's second or successive motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. [Record No. 80] On August 20, 2007, Miller was sentenced to a 210-month term of imprisonment after pleading guilty to knowingly possessing a short-barreled firearm and being a convicted felon in possession of a firearm. [Record No. 54] Miller unsuccessfully...
RECOMMENDED DISPOSITION HANLY A. INGRAM , Magistrate Judge . The Court, on referral (D.E. 37), considers reported violations of supervised release conditions by Defendant Christopher Ford. District Judge Van Tatenhove entered a judgment against Defendant on November 3, 2011, for the manufacture of a mixture or substance containing a detectable amount of dimethyltryptamine (DMT), a schedule I controlled substance and for possession of firearms by an unlawful user of a controlled substance....
ORDER GREGORY F. VAN TATENHOVE , District Judge . Before the Court are two Recommended Dispositions [R. 56] filed by United States Magistrate Judge Hanly A. Ingram. The Defendant in this case, Christopher Ford, is charged with two violations of his supervised release, including conspiracy to distribute marijuana and commission of another federal crime. [ Id. at 1-2.] At Ford's preliminary hearing on July 6, 2015, Judge Ingram found probable cause to believe the violations set forth in the...
MEMORANDUM OPINION & ORDER JOSEPH M. HOOD , Senior District Judge . This matter is again before the Court upon its own motion to conduct screening, pursuant to 28 U.S.C. 1915A and 1915(e), as well as to address the Motion to Dismiss filed on behalf of certain named and unnamed Kentucky State Police ("KSP") officers [DE 12]. The Court has twice ordered Plaintiff Singleton to show cause why his claims should not be dismissed [DE 19 and 22] and, having considered both his original response...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES , District Judge . This matter is pending for consideration of the parties' cross-motions for summary judgment. [Record Nos. 80 and 82] While the plaintiffs admit that there are factual disputes regarding the amount of unpaid overtime compensation that they are entitled to recover, they contend that they are indisputably owed some compensation by their former employer, Defendant Office of the Fayette County Sheriff ("the Sheriff's Office"). [...
