MEMORANDUM AND RECOMMENDATION JAMES E. GATES , Magistrate Judge . In this action, plaintiff Timothy Lee Evans, Sr. ("plaintiff" or, in context, "claimant") challenges the final decision of defendant Acting Commissioner of Social Security Carolyn W. Colvin ("Commissioner") denying his application for a period of disability and disability insurance benefits ("DIB") and supplemental security income ("SSI") on the grounds that he is not disabled. 1 The case is before the court on the parties'...
MEMORANDUM AND RECOMMENDATION JAMES E. GATES , Magistrate Judge . In this action, plaintiff Alice H. Norfleet ("plaintiff" or, in context, "claimant") challenges the final decision of defendant Acting Commissioner of Social Security Carolyn W. Colvin ("Commissioner") denying her application for a period of disability and disability insurance benefits ("DIB") on the grounds that she is not disabled. The case is before the court on the parties' motions for judgment on the pleadings. D.E. 12,...
MEMORANDUM AND RECOMMENDATION ROBERT B. JONES, Jr. , Magistrate Judge . This matter is before the court on the pro se Plaintiffs motions for entry of default against each Defendant [DE-12 through -18] and motion for an extension of time to effect service [DE-24], and Defendants' motion to dismiss for lack of personal jurisdiction and insufficient service of process [DE-20]. All responsive briefing is complete or the time for filing such briefing has expired, and the pending motions are...
MEMORANDUM AND RECOMMENDATION ROBERT B. JONES, Jr. , District Judge . This matter is before the court on the parties' cross-motions for judgment on the pleadings [DE-17, -25] pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. Claimant Randy Joyner ("Claimant") filed this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3) seeking judicial review of the denial of his application for Supplemental Security Income ("SSI") payments. The time for filing responsive briefs has...
ORDER TERRENCE W. BOYLE , District Judge . This matter is before the Court on petitioner's motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255. The government has moved to dismiss petitioner's 2255 motion pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Petitioner has responded to the motion to dismiss and the matter is ripe for ruling. For the reasons discussed below, the government's motion is granted. BACKGROUND Petitioner was sentenced...
ORDER JAMES C. FOX , District Judge . THIS MATTER is before the Court on Big Sky Defendants' Emergency Motion to Enforce Stay and to Seal their Reply to Plaintiffs' Response to Big Sky Defendants' Motion for Summary Judgment pursuant to the Court's December 7, 2016 Order [DE 655], FED. R. CIV. P. 5.2, Local Civil Rule 79.2, and Section T of the CM/ECF Policy Manual. WHEREAS, the Court has considered the Big Sky Defendants' Memorandum in Support of its Emergency Motion and found that...
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE L. PATRICK AULD , Magistrate Judge . Plaintiff, Sheila Owens-Williams, brought this action pursuant to the Social Security Act (the "Act") to obtain judicial review of a final decision of Defendant, the Acting Commissioner of Social Security, denying Plaintiff's claim for Disability Insurance Benefits ("DIB"). (Docket Entry 2.) Defendant has filed the certified administrative record (Docket Entry 8 (cited herein as "...
MEMORANDUM ORDER THOMAS D. SCHROEDER , District Judge . This is an action for employment discrimination by Plaintiff Christopher Benjamin, proceeding pro se, based on his African American descent, Jewish faith, and alleged disability. Benjamin's complaint names seven defendants: Nancy Vaughan, Mayor of the City of Greensboro (the "City"); Zack Matheny, City Councilman; Jim Westmoreland, City Manager; Wade Walcutt, City Parks and Recreation Superintendent; Kim Porter, City Recreation...
MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE L. PATRICK AULD , District Judge . This case comes before the undersigned United States Magistrate Judge for a recommendation on "Defendant's Motion to Dismiss" (Docket Entry 12) (the "Motion to Dismiss"), as well as for an order on "Defendant's Motion to Strike" (Docket Entry 18) (the "Motion to Strike"). For the reasons that follow, the Court will deny the Motion to Strike and should deny the Motion to...
MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER , District Judge . Plaintiff Delores Long alleges age discrimination in employment under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. 621 et seq. , as well as related State law claims against her former employer, Defendant Forsyth County Department of Social Security ("DSS"). Before the court is Defendants' motion for summary judgment (Doc. 21), which has been fully briefed and is ready for decision. For the reasons set...
ORDER JAMES E. GATES , Magistrate Judge . This copyright infringement case comes before the court on plaintiff's motion (D.E. 2) for leave to take discovery prior to conducting a conference pursuant to Rule 26(f) of the Federal Rules of Civil Procedure. Specifically, plaintiff seeks leave to serve one or more subpoenas pursuant to Federal Civil Rule of Civil Procedure 45 on the internet service provider ("ISP"), Century Link, which plaintiff asserts provided internet services to the ten...
ORDER JAMES E. GATES , Magistrate Judge . This copyright infringement case comes before the court on plaintiff's motion (D.E. 6) for leave to take discovery prior to conducting a conference pursuant to Rule 26(f) of the Federal Rules of Civil Procedure. Specifically, plaintiff seeks leave to serve one or more subpoenas pursuant to Federal Civil Rule of Civil Procedure 45 on the internet service provider ("ISP") Century Link, which plaintiff asserts provided internet services to the eleven...
ORDER JAMES E. GATES , Magistrate Judge . This copyright infringement case comes before the court on plaintiff's motion (D.E. 6) for leave to take discovery prior to conducting a conference pursuant to Rule 26(f) of the Federal Rules of Civil Procedure. Specifically, plaintiff seeks leave to serve one or more subpoenas pursuant to Federal Civil Rule of Civil Procedure 45 on the internet service provider ("ISP") Century Link, which plaintiff asserts provided internet services to the ten...
MEMORANDUM OPINION AND ORDER CATHERINE C. EAGLES , District Judge . Petitioner Garnett Hodge filed a motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255 alleging that the Supreme Court's decision in Johnson v. United States, 135 S.Ct. 2551 (2015) entitles him to relief on his 2011 convictions. (Doc. 53 at 5). Because Mr. Hodge still qualifies as an armed career criminal, the Court will deny the motion. I. Procedural History On December 13, 2010, a grand jury...
ORDER JAMES C. DEVER, III , Chief District Judge . On August 18, 2016, Maher Soliman ("Soliman" or "plaintiff') filed a prose complaint against Worldwide Language Resources, Inc. ("WWLR"), and Does 1 to 20 (collectively, "defendants") [D.E. 1]. Soliman claims that by failing to hire him, defendants violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e to 2000e-17 ("Title VII") and the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 621 to...
ORDER GRANTING DEFENDANT PACCAR INC.'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION JAMES C. DEVER, III , Chief District Judge . Upon consideration of Defendant Paccar Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2) (Docket No. 35), and that Defendant Paccar, Inc.'s Motion and the accompanying Memorandum in Support was unopposed by Plaintiffs, it is this 29 day of December, 2016. ORDERED, that Defendant Paccar Inc.'...
MEMORANDUM OPINION AND ORDER N. CARLTON TILLEY, Jr. , Senior District Judge . This matter is before the Court on Plaintiff Ultra-Mek, Inc.'s ("Ultra-Mek") Motion to Compel [Doc. #19] entitled "Plaintiff Ultra Mek, Inc.'s Motion to Compel Defendant Man Wah to Provide Responses to Discovery Requests and Patent Local Rule Requirements". In its motion, Ultra-Mek seeks an order requiring Defendant Man Wah (USA), Inc. ("Man Wah") to (a) produce documents, things, and information in the...
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE L. PATRICK AULD , Magistrate Judge . Plaintiff, Aleida Andujar, brought this action pursuant to the Social Security Act (the "Act") to obtain judicial review of a final decision of Defendant, the Acting Commissioner of Social Security, denying Plaintiff's claim for Supplemental Security Income ("SSI"). (Docket Entry 2.) Defendant has filed the certified administrative record (Docket Entry 8 (cited herein as "Tr. ___"))...
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE L. PATRICK AULD , Magistrate Judge . This case comes before the undersigned United States Magistrate Judge for a recommendation on "Defendant North Carolina Baptist Hospital's Motion to Dismiss Plaintiff's Second Amended Complaint" (Docket Entry 64) ("Baptist's Motion") and "Defendant Carolinas Healthcare System's Motion to Dismiss Plaintiff's Second Amended Complaint" (Docket Entry 67) ("CHS's Motion," and...
ORDER TERRENCE W. BOYLE , District Judge . This matter is before the Court on defendant's motion pursuant to 18 U.S.C. 3145(b) to revoke the order of detention pending trial. [DE 16]. For the following reasons, defendant's motion is denied. BACKGROUND Mr. Ruffin is charged with possession with intent to distribute cocaine and cocaine base in violation of 21 U.S.C. 841(a)(1). He was arrested and taken into custody on November 24, 2016. On December 7, 2016, United States Magistrate...
