ORDER ROBERT J. CONRAD, JR. , District Judge . THIS MATTER is before the Court upon the Government's Motion to Dismiss, (Doc. No. 115), the Indictments, (Doc. Nos. 3, 39), without prejudice. The defendant has been a fugitive since 2005. IT IS ORDERED that the Government's motion, (Doc. No. 115), is GRANTED and the Indictments, (Doc. No. 3, 39), as they relate to Ranulfo Mayorga, are DISMISSED without prejudice.
ORDER DAVID S. CAYER , Magistrate Judge . THIS MATTER is before the Court on the "Motion for Admission Pro Hac Vice and Affidavit [for David F. Chermol]" (document #3). For the reasons set forth therein, the Motion will be granted . All counsel are advised that local counsel must sign all documents submitted to the Court and as such are accountable for the substance of such submissions under Rule 11 of the Federal Rules of Civil Procedure . The Clerk is directed to send copies of...
JUDGMENT IN CASE KENNETH D. BELL , District Judge . DECISION BY COURT. This action having come before the Court and a decision having been rendered; IT IS ORDERED AND ADJUDGED that Judgment is hereby entered in accordance with the Court's March 19, 2020 Order.
ORDER KENNETH D. BELL , District Judge . THIS MATTER is before the Court on Defendants' Motion for Judgment on the Pleadings (Doc. No. 33). Plaintiff Robin T. Shipp ("Plaintiff"), appearing pro se, seeks to cancel a loan and the related security interests in the real property in Mooresville, North Carolina that secure the loan. The Court has carefully considered this motion and the parties' briefs, exhibits and other communications to the Court (Doc. Nos. 34-36, 40-41). For the reasons...
ORDER MAX O. COGBURN, JR. , District Judge . THIS MATTER comes before the Court on Defendant Gray's Motion to Reconsider the Unopposed Motion for an Extension of Time to File Post-Trial Motions Under Federal Rules of Criminal Procedure 29(c) and 33 (Doc. No. 206). Having reconsidered the motion, the Court finds good cause to grant an extension. Accordingly, the Court will exercise its discretion and grant Defendant Gray an additional fourteen days to file his post-trial motions. IT IS,...
JUDGMENT IN CASE FRANK D. WHITNEY , Chief District Judge . DECISION BY COURT. This action having come before the Court and a decision having been rendered; IT IS ORDERED AND ADJUDGED that Judgment is hereby entered in accordance with the Court's March 19, 2020 Order.
ORDER Frank F. Whitney , Chief United States District Judge . THIS MATTER is before the Court on Plaintiff's Motion for Summary Judgment (Doc. No. 9) and Defendant's Motion for Summary Judgment (Doc. No. 11). Plaintiff, through counsel, seeks judicial review of an unfavorable administrative decision on her application for supplemental security income under 42 U.S.C. 405(g). 2 Plaintiff raises this appeal on three assignments of error. Plaintiff fails on two arguments (that the ALJ...
ORDER DAVID S. CAYER , Magistrate Judge . UPON MOTION of the United States of America, by and through R. Andrew Murray, United States Attorney for the Western District of North Carolina, for an order directing that the Criminal Complaint and Attached Affidavit in this matter be unsealed; and IT APPEARING TO THE COURT that there no longer exists any danger to the attendant investigation in this case; NOW, THEREFORE, IT IS ORDERED that the above-captioned case be unsealed. The Clerk is...
ORDER GRAHAM C. MULLEN , District Judge . THIS MATTER is before the Court on Defendant's Motion for Summary Judgement, or, alternatively, Motion to Dismiss (Doc. No. 12). Defendant argues that Plaintiff has failed to prosecute her case by not filing a motion for summary judgment in compliance with the Court's Scheduling Order. (Doc. No. 12). The Court Ordered Plaintiff to file a motion for summary judgment by July 8, 2019. (Text-Only Order entered May 7, 2019). On July 9, 2019, after...
ORDER KENNETH D. BELL , District Judge . THIS MATTER is before the Court following a status conference held on March 19, 2020 and the Defendants' Joint Motion for Extension of Time to File a Response, (Doc. No. 82). Defendants ask for a 30-day extension of time to respond to Plaintiff's motion requesting the matter to be re-referred to the bankruptcy court. Having carefully considered the motion and record, and after discussion with counsel, the Court will grant the motion. The Court...
ORDER MAX O. COGBURN, JR. , District Judge . THIS MATTER is before the Court on the Government's Motion to Place Motion Under 28 U.S.C. 2255 in Abeyance, (Doc. No. 19). Petitioner was convicted in the underlying criminal case of offenses including possession of a firearm in furtherance of a crime of violence in violation of 18 U.S.C. 924(c) based on the offense of murder in aid of racketeering. He filed his pro se 2255 Motion to Vacate in June 2016, arguing that Johnson v....
ORDER DAVID S. CAYER , Magistrate Judge . THIS MATTER is before the Court on United States' Motion to Modify Pretrial Order and Case Management Plan (document #49) filed March 19, 2020. For the reasons set forth therein, the Motion will be granted in part and denied in part. The Court will extend the case deadlines by sixty days. Therefore, the amended deadlines are as follows: AMENDED DEADLINES Mediation June 8, 2020 Filing of Dispositive...
JUDGMENT IN CASE FRANK D. WHITNEY , Chief District Judge . DECISION BY COURT. This action having come before the Court and a decision having been rendered; IT IS ORDERED AND ADJUDGED that Judgment is hereby entered in accordance with the Court's March 19, 2020 Order.
ORDER FRANK D. WHITNEY , Chief District Judge . UPON CONSIDERATION of the Defendant's Consent Motion for Entry of Judgment with Remand Under Sentence Four of 42 U.S.C. 405(g), Plaintiff's consent to that motion, and the entire record in this case, the motion (Doc. No. 13) is GRANTED. IT IS THEREFORE ORDERED, that the final decision of the Commissioner is reversed and that this matter is hereby remanded to the Commissioner for further proceedings, pursuant to sentence four of section...
JUDGMENT IN CASE FRANK D. WHITNEY , Chief District Judge . DECISION BY COURT. This action having come before the Court and a decision having been rendered; IT IS ORDERED AND ADJUDGED that Judgment is hereby entered in accordance with the Court's March 19, 2020 Order.
ORDER FRANK D. WHITNEY , Chief District Judge . THIS MATTER is before the Court on Plaintiff's Motion for Summary Judgment (Doc. No. 9) and Defendant's Motion for Summary Judgment (Doc. No. 11). Plaintiff, through counsel, seeks judicial review of an unfavorable administrative decision on her application for supplemental security income under 42 U.S.C. 405(g). 1 Plaintiff raises eleven issues on appeal, alleging errors in the appointment of her ALJ, in forming Plaintiff's RFC, and in...
ORDER KENNETH D. BELL , District Judge . THIS MATTER IS BEFORE THE COURT on the Government's Motion to Dismiss (Doc. No. 56) the Indictment (Doc. No. 1), as it relates to Defendant Bonnie Christine Jackson, without prejudice. Defendant Jackson's federal counts were based, in large part, on state court charges. Shortly after the Indictment in federal court, the United States Attorney's Office learned that the local district attorney's office had resolved the underlying state charges by...
ORDER DAVID C. KEESLER , Magistrate Judge . THIS MATTER IS BEFORE THE COURT on Defendant's "Motion To Seal Sentencing Memo" (Document No. 20) filed March 13, 2020. In accordance with the Local Rules, the Court has considered the Motion to Seal, the public's interest in access to the affected materials, and alternatives to sealing. The Court determines that no less restrictive means other than sealing is sufficient inasmuch as Defendant's Sentencing Memorandum contains sensitive and...
ORDER DAVID C. KEESLER , Magistrate Judge . THIS MATTER IS BEFORE THE COURT on "Plaintiff EEOC's Notice Of Status And Motion To Extend Discovery" (Document No. 57) filed March 17, 2020. This motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b), and immediate review is appropriate. Having carefully considered the motion and the record, and noting that Defendant does not object, the undersigned will grant the motion. The instant motion states that...
ORDER DAVID S. CAYER , Magistrate Judge . THIS MATTER IS BEFORE THE COURT on the "Motion for Admission Pro Hac Vice and Affidavit [for Elizabeth H. Radar]" (document #76) filed March 16, 2020. For the reasons set forth therein, the Motion will be granted The Clerk is directed to send copies of this Order to counsel for the parties, including but not limited to moving counsel, and to the Honorable Kenneth D. Bell. SO ORDERED.
