RECOMMENDED DISPOSITION EDWARD B. ATKINS , Magistrate Judge . Marion Leaves Brown, III, proceeding pro se, brings this action pursuant to 28 U.S.C. 2255, seeking to vacate, set aside, or correct his sentence of 480 months. [R. 69]. Having been fully briefed, this matter is now ripe for review. This Court recognizes that Brown is proceeding pro se and construes his motion more leniently. Erickson v. Pardus, 551 U.S. 89 , 94 (2007); Castro v. United States, 540 U.S. 375 , 381-83...
RECOMMENDED DISPOSITION EDWARD B. ATKINS , Magistrate Judge . The defendant, Jimmy Edward Hall, appeared before the undersigned on December 2, 2019, for a final revocation hearing. He was present for the proceeding and represented by counsel. At the hearing, he was found to be competent to proceed and, after being placed under oath, waived his rights to remain silent and rights to a full revocation hearing. In addition, after being informed of the charges and possible penalties, he...
MEMORANDUM ORDER DANNY C. REEVES , District Judge . The parties have filed a joint motion for an extension of the discovery period by sixty days. [Record No. 33] They assert that there is good cause under Federal Rule of Civil Procedure 16(b)(4) because Defendants Jon Lowry and the American National Red Cross have diligently requested records from Plaintiff Patricia Jones' medical providers as the plaintiff has disclosed the identity of such individuals over the course of the discovery...
MEMORANDUM ORDER DANNY C. REEVES , Chief District Judge . Defendant/Movant Fernando Lara Salas has filed a motion seeking to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255. [Record No. 192] In support, he claims that his trial and appellate attorneys provided ineffective assistance of counsel. Based upon these assertions, the United States ordinarily will seek to obtain affidavits of the movant's attorneys to refute some or all of the defendant's claims. In this...
JUDGMENT DANNY C. REEVES , Chief District Judge . In accordance with the Memorandum Opinion and Order entered on this date, and pursuant to Rule 58 of the Federal Rules of Civil Procedure, it is hereby ORDERED and ADJUDGED as follows: 1. Pursuant to Rule 4 of the Rules Governing Section 2255 Proceedings for the United States District Courts, the motion to vacate, set aside, or correct the movant's/defendant's sentence [Record No. 132] is summarily DISMISSED. 2. Judgment is entered...
OPINION & ORDER ROBERT E. WIER , District Judge . Plaintiff KM asks the Court to remand this matter to Laurel Circuit Court. DE 6 (Motion to Remand). The Court, perceiving no need to await a response, denies the request. Diversity-based removal requires "plausible allegation[s]" of complete diversity and a sufficient amount in controversy. Naji v. Lincoln, 665 F. App'x 397, 400 (6th Cir. 2016) (citation omitted). The removing party—here, Root Insurance Co. (Root)—"bears the burden[.]"...
OPINION & ORDER ROBERT E. WIER , District Judge . The Freshway Defendants, 1 operators of several Ohio grocery stores, bought grocery products from Laurel, 2 a Kentucky grocery wholesaler, for a decade or more. In August 2016, Freshway, after receiving bills claiming an unpaid balance exceeding $150,000, began questioning its dealings with Laurel. In 2018, Freshway terminated the relationship. Laurel soon initiated this suit to reclaim the alleged amounts due. Post-removal, Freshway...
MEMORANDUM OPINION AND ORDER DAVID L. BUNNING , District Judge . Arising from Plaintiff Valarie Kopp tripping while on a Delta flight that departed from the Cincinnati Airport on April 20, 2017, (Doc. # 1-2 at 3-7), this matter is before the Court on Defendant Delta Airlines, Inc.'s Motion for Summary Judgment (Doc. # 17). The Motion has been fully briefed and is now ripe for the Court's review. (Docs. # 18 and 19). For the reasons set forth herein, the Motion is granted, and this...
MEMORANDUM OPINION & ORDER GREGORY F. VAN TATENHOVE , District Judge . Plaintiff Thelma Fenwick is a resident of Suitland, Maryland. Proceeding without counsel, Plaintiff filed an Amended Complaint which, broadly construed, asserts a claim against the Defendant, the United States of America, pursuant to the Federal Tort Claims Act, 28 U.S.C. 1346(b), 2671-80 ("FTCA"), for the personal injury and wrongful death of her son while he was incarcerated at the United States Penitentiary ("USP")...
MEMORANDUM OPINION & ORDER GREGORY F. VAN TATENHOVE , District Judge . Daniel Ray Reams seeks judicial review of an administrative decision of the Commissioner of Social Security, which denied his claim for disability insurance benefits. Mr. Reams brings this action pursuant to 42 U.S.C. 405(g), alleging various errors on the part of the ALJ considering the matter. The Court, having reviewed the record and for the reasons set forth herein, will DENY Mr. Reams' Motion for Summary...
ORDER ADOPTING RECOMMENDED DISPOSITION CLARIA HORN BOOM , District Judge . This matter is before the Court on Recommended Disposition from Magistrate Judge Hanly A. Ingram concerning reported violations of supervised release conditions by Defendant Jason W. Graves [R. 57]. Magistrate Judge Ingram recommended 1) Defendant Graves be found Guilty of Violations #1-7; and 2) Revocation with a term of imprisonment of 24 months, with 12 months of supervised release to follow. Id. at p. 9. The...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES , Chief District Judge . Defendant Dayquan Dejon Johnson has filed a motion to revoke the detention order issued by United States Magistrate Judge Edward B. Atkins. [Record No. 58] Because Johnson has not overcome the presumption of detention and the factors outlined in 18 U.S.C. 3142 all weigh in favor of detaining Johnson pretrial, his motion will be denied. I. Johnson is charged with conspiracy to distribute 40 grams or more of fentanyl,...
MEMORANDUM OPINION AND ORDER Danny C. Reeves , Chief Judge . Plaintiff DeBryant Beatty claims that that his employer, Defendant Frito-Lay, Inc., 1 subjected him to a hostile work environment and refused to consider him for a promotion because of his race. He filed suit against Frito-Lay in the Fayette County Circuit Court alleging violations of the Kentucky Civil Rights Act ("KCRA"), K.R.S 344.010, et seq. Frito-Lay removed the case to this Court pursuant to 28 U.S.C. 1332....
OPINION & ORDER Gregory F. Van Tatenhove , United States District Judge . Defendant Micky Rife moves this Court, pursuant to Federal Rule of Criminal Procedure 12(b), to dismiss the indictment pending against him. [R. 27.] Mr. Rife was indicted on two counts of engaging in illicit sexual conduct in a foreign place, in violation of 18 U.S.C. 2423(c). [R. 1.] Mr. Rife argues the particular subsection he is charged under is an unconstitutional exercise of Congressional authority as applied...
ORDER KAREN K. CALDWELL , District Judge . This matter is before the Court on the Defendant's successive motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255 (DE 134) and United States Magistrate Judge Candace J. Smith's Report and Recommendation (DE 147). Judge Smith recommended that the Defendant's motion be denied. (DE 147 at 12.) No objections have been filed as to her recommendation. The Court, after reviewing the Defendant's motion and applicable law, agrees with...
REPORT & RECOMMENDATION CANDACE J. SMITH , Magistrate Judge . Richard Edwards, Jr., pro se, moves to vacate, set aside or correct his sentence under 28 U.S.C. 2255. (R. 134). 1 The Government has responded (R. 141), and Edwards has replied (R. 143). Pursuant to local practice, this matter has been referred to the undersigned for consideration and preparation of a Report and Recommendation under 28 U.S.C. 636(b). For the reasons given below, it will be recommended that Edwards's...
MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD , Senior District Judge . This matter is before the Court on Petitioner Roger Dean Hall's motion to amend, alter, or vacate the final judgment 1 [DE 16] and order [DE 15] entered in this case on September 5, 2019. [DE 19]. Additionally, the Court will address Hall's motion to for leave to supplement his objection to the Magistrate Judge's report and recommendation in this case. For the reasons set forth below, the Court will grant both of Hall's...
MEMORANDUM OPNION AND ORDER DANNY C. REEVES , District Judge . Defendant Damon Hardy pleaded guilty on September 9, 2019, to one count of possession with intent to distribute a mixture or substance containing detectable amounts of fentanyl, a Schedule II controlled substance, and heroin, a Schedule I controlled substance, in violation of 21 U.S.C. 841(a)(1). [Record No. 38] A sentencing hearing is scheduled for Hardy's Presentence Investigation Report ("PSR") indicates that he qualifies...
OPINION AND ORDER KAREN K. CALDWELL , District Judge . This matter is before the Court on Defendant Assad Nasr's motion for a bill of particulars (DE 32). For the following reasons, the Court will deny the motion. Nasr is a pharmacist and, during the relevant time period, was the owner of Kentuckiana Pharmacy, which is located in Jeffersonville, Indiana. He is charged with one count of conspiring with others to dispense oxycodone outside of the scope of professional practice and not for...
OPINION AND ORDER KAREN K. CALDWELL , District Judge . This matter is before the Court on Plaintiff's motion to alter or amend the Court's judgment. Plaintiff Coy G. Cox, Jr. originally brought suit in state court, and Defendant Specialty Vehicle Solutions LLC removed the action to this Court. (DE 1.) The Court granted Defendant's motions to dismiss both Plaintiff's original complaint and a subsequent complaint that Plaintiff filed later. (DE 25.) The Court denied Plaintiff's subsequent...
