RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOE L. WEBSTER , Magistrate Judge . Plaintiff Michael Howard brought this action to obtain review of a final decision of the Commissioner of Social Security denying his claims for social security disability benefits and supplemental security income. The Court has before it the certified administrative record and cross-motions for judgment. 1 I. PROCEDURAL HISTORY Plaintiff filed applications for disability insurance benefits and...
MEMORANDUM AND RECOMMENDATION ROBERT B. JONES, JR. , Magistrate Judge . This matter comes before the court on Defendant's Motion to Suppress Cell Phone Data. [DE-56]. The Government responded in opposition to Defendant's motion. [DE-67]. The undersigned held an evidentiary hearing on September 10, 2018, to further develop the record and allowed the parties to file supplemental briefing in order to respond to a case cited by the 1 Government during the hearing. [DE-70, -73]. Defendant filed...
ORDER TO SEAL INDICTMENT ROBERT T. NUMBERS, II , Magistrate Judge . Upon motion of the United States, it is hereby ORDERED that the Indictment in the above-captioned case, being filed on December 19 , 2018, be sealed. It is FURTHER ORDERED that the Clerk may temporarily unseal the Indictment for the purposes of issuing arrest warrants for the Defendant and to provide copies of the Indictment to the United States Attorney and the United States. Probation Office. It is FURTHER ORDERED...
ORDER TO SEAL INDICTMENT ROBERT T. NUMBERS, II , Magistrate Judge . Upon motion of the United States, it is hereby ORDERED that the Indictment in the above-captioned case, returned by the Federal Grand Jury on December 19 2018, be sealed. It is FURTHER ORDERED that the Clerk may temporarily unseal the Indictment for the purposes of issuing arrest warrants for the defendant and to provide copies of the Indictment to the United States Attorney and the United States Probation Office. It is...
ORDER TO SEAL INDICTMENT ROBERT T. NUMBERS, II , Magistrate Judge . Upon motion of the United States, it is hereby ORDERED that the Indictment in the above-captioned case, being filed on December 19, 2018, be sealed. It is FURTHER ORDERED that the Clerk may temporarily unseal the Indictment for the purposes of issuing arrest warrants for the Defendant and to provide copies of the Indictment to the United States Attorney and the United States Probation Office. It is FURTHER ORDERED that...
ORDER TO SEAL INDICTMENT ROBERT T. NUMBERS, II , Magistrate Judge . Upon motion of the United States, it is hereby ORDERED that the Indictment in the above-captioned case, returned by the Federal Grand Jury on December 19, 2018, be sealed. It is FURTHER ORDERED that the Clerk may temporarily unseal the Indictment for the purposes of issuing arrest warrants for the defendants and to provide copies of the Indictment to the United States Attorney and the United States Probation Office. It...
ORDER TO SEAL INDICTMENT ROBERT T. NUMBERS, II , Magistrate Judge . Upon motion of the United States, it is hereby ORDERED that the Indictment in the above-captioned case, returned by the Federal Grand Jury on December 19, 2018, be sealed. It is FURTHER ORDERED that the Clerk may temporarily unseal the Indictment for the purposes of issuing arrest warrants for the defendant and to provide copies of the Indictment to the United States Attorney and the United States Probation Office. It is...
ORDER TO SEAL INDICTMENT ROBERT T. NUMBERS, II , Magistrate Judge . Upon motion of the United States, it is hereby ORDERED that the Indictment in the above-captioned case, returned by the Federal Grand Jury on December 19, 2018, be sealed. It is FURTHER ORDERED that the Clerk may temporarily unseal the Indictment for the purposes of issuing arrest warrants for the defendant and to provide-copies of the Indictment to the United States Attorney and the United States Probation Office. It is...
ORDER TO SEAL INDICTMENT ROBERT T. NUMBERS, II , Magistrate Judge . Upon motion of the United States, it is hereby ORDERED that the Indictment in the above-captioned case, returned by the Federal Grand Jury on December 19, 2018, be sealed. It is FURTHER ORDERED that the Clerk may temporarily unseal the Indictment for the purposes of issuing arrest warrants for the defendant and to provide copies of the Indictment to the United States Attorney and the United States Probation Office. It is...
ORDER TO SEAL INDICTMENT ROBERT T. NUMBERS, II , Magistrate Judge . Upon motion of the United States, it is hereby ORDERED that the Indictment in the above-captioned case, returned by the Federal Grand Jury on December 19, 2018, be sealed. It is FURTHER ORDERED that the Clerk may temporarily unseal the Indictment for the purposes of issuing arrest warrants for the defendants and to provide copies of the In4ictment to the United States Attorney and the United States Probation Office. It...
MEMORANDUM AND RECOMMENDATION JAMES E. GATES , Magistrate Judge . In this action, plaintiff Leslie Murphy Fain ("plaintiff' or, in context, "claimant") challenges the final decision of defendant Acting Commissioner of Social Security Nancy A. Berryhill ("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....
MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER , Chief District Judge . On the night of February 14, 2015, Michael Martin was travelling on U.S. Route 29, a four-lane highway in Guilford County, North Carolina, on his way to repair broken railroad crossing gates at the behest of his employer, Norfolk Southern Railway Company ("NSRC"), when a tree from a construction area adjacent to the highway fell on his vehicle. Martin sued NSRC and a number of companies involved with the...
MEMORANDUM OPINION AND ORDER WILLIAM L. OSTEEN, JR. , District Judge . Presently before this court is Plaintiff OptoLum, Inc.'s ("OptoLum") Motion to Compel Restoration and Production of E-mail Attachments. (Doc. 154.) Defendant Cree, Inc. ("Cree") has responded, (Doc. 157), and Plaintiff has replied, (Doc. 158). At this court's request, ( see Minute Entry 11/08/2018), OptoLum filed an additional memorandum in support of its motion, (Doc. 162), and Cree responded in opposition, (Doc. 164)...
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOI ELIZABETH PEAKE , Magistrate Judge . Petitioner Donnie Wayne Nipper, a federal prisoner, brings a Motion [Doc. #79] to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255. Petitioner pled guilty to one count of transporting stolen vehicles in interstate commerce in violation of 18 U.S.C. 2312 and one count of possession of a firearm after a felony conviction in violation of 18 U.S.C. 922(g)(1). He was subsequently...
ORDER THOMAS D. SCHROEDER , District Judge . On November 28, 2018, the United States Magistrate Judge's Recommendation was filed and notice was served on Petitioner pursuant to 28 U.S.C. 636. (Doc. 113.) On December 18, 2018, Petitioner filed objections (Doc. 115) to portions of the Recommendation and "Emergency Motion to Overrule the Recommendation of the Magistrate Judge and to be Release Immediately" (Doc. 116). Respondent did not file any objections. The court has reviewed...
ORDER JAMES C. DEVER, III , District Judge . On September 28, 2018, Bennett Brothers Yachts, Inc. ("Bennett Brothers" or "defendant") filed a motion in limine to exclude any expert testimony of Michael Andrews ("Andrews") [D.E. 53] and filed a memorandum in support [D.E. 54]. On October 16, 2018, New Hampshire Insurance Company ("NIDC" or "plaintiff") responded in opposition [D.E. 55]. On October 29, 2018, Bennett Brothers replied [D.E. 58]. On October 17, 2018, Bennett Brothers filed a...
ORDER TERRENCE W. BOYLE , Chief District Judge . Having examined petitioner's motion pursuant to Rule 4(b) of the Rules Governing 2255 Proceedings, the United States Attorney is DIRECTED to file an Answer pursuant to Rule 5, Rules Governing 2255 Proceedings, or to make such other response as appropriate to the above-captioned 2255 Motion to Vacate, Set Aside or Correct Sentence, Within forty (40) days of the filing of this order. SO ORDERED.
ORDER DAVID A. FABER , Senior District Judge . Pending before the court is plaintiffs' unopposed motion for pre-and post-judgment interest. (ECF No. 302). That motion is GRANTED . The award of compensatory damages shall bear interest at the rate set forth in N.C. Gen. Stat. 24-1 from the date of the filing of the complaint, 21 August 2014, until the entry of judgment, per annum and without compounding. The total money judgment (i.e. compensatory damages, pre-judgment interest, and...
ORDER JAMES C. DEVER, III , District Judge . On February 23, 2009, pursuant to a written plea agreement, Walter James Brown, II ("Brown") pleaded guilty to possession with the intent to distribute more than five grams or more of cocaine base (crack). See [D.E. 12, 18, 19]. On August 4, 2009, the court held Brown's sentencing hearing. See [D.E. 30, 31]. At the hearing, the court adopted the facts set forth in the Presentence Investigation Report ("PSR"). See Fed. R. Crim. P. 32(i)(3)(...
Petition for Action on Supervised Release TERRENCE W. BOYLE , Chief District Judge . COMES NOW Mark Culp, U.S. Probation Officer of the court, presenting a petition for modification of the Judgment and Commitment Order of Kelvin Guilford Carter, who, upon an earlier plea of guilty to 21 U.S.C. 841 (a)(1), Possession with Intent to Distribute more than 5 Grams of Cocaine Base (crack), was sentenced by the Honorable James C. Fox, Senior U.S. District Judge, on December 18, 2000, to the...
