ORDER MAX O. COGBURN, Jr. , District Judge . THIS MATTER is before the court on review of the petitioner's Motion to Vacate, Set Aside, or Correct a Sentence (#1) (as amended) filed pursuant to 28 U.S.C. 2255. After conducting an initial review, the court directed the respondent to Answer or otherwise respond to the petition. Within the time provided, the respondent filed its Response and therein moved to dismiss the petition. Exhibits were filed in support of such motion. After...
UNDER SEAL DAVID S. CAYER , Magistrate Judge . ORDER SEALING CRIMINAL COMPLAINT, WARRANTS, AND OTHER DOCUMENTS UPON MOTION of the United States of America for an order directing that the Criminal Complaint, the Arrest Warrants, the Motion to Seal, and this Order be sealed, to protect the secrecy of the on-going nature of the investigation in this matter until further order of this Court, IT IS HEREBY ORDERED that the Criminal Complaint, the Arrest Warrants, the Motion to Seal, and...
CONSENT JUDGMENT MARTIN REIDINGER , District Judge . This matter is before the Court pursuant to the report of the parties, Plaintiff, PSI Services LLC ("PSI" or "Plaintiff") and Defendant, Julius J. Johnson ("Johnson" or "Defendant") that the parties have settled this action and that as part of said settlement Defendant, without admitting fault or liability to Plaintiff, has consented to the entry of this judgment that contains some but not all of the terms of the parties' settlement, and...
ORDER TO SEAL COMPLAINT, AFFIDAVIT AND ARREST WARRANT DAVID C. KEESLER , Magistrate Judge . UPON MOTION of the United States of America for an order directing that the Criminal Complaint, Affidavit, Arrest Warrant and the Motion to Seal and this Order be sealed, in order to protect the secrecy of the on-going nature of the investigation, to prevent the destruction of evidence and the possible flight of the defendant. IT IS HEREBY ORDERED that the Criminal Complaint, Affidavit, Arrest...
CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(c)(2). DAVID KEESLER , Magistrate Judge . BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offense(s) to which the Defendant has pled guilty and that the Defendant (or any combination of Defendants in this case) has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT: 1. The following property is forfeited to the United...
ORDER OF INTERPLEADER GRAHAM MULLEN , District Judge . Upon consideration of the Complaint for interpleader and motion to deposit funds into the Court's registry filed by the interpleader plaintiff Baltimore Life Insurance Company ("Baltimore Life"), and it appearing that the Court has jurisdiction and that a proper cause of interpleader exists, it is this 9 th day of December , 2015, by the United States District Court for the Western District of North Carolina, Charlotte Division:...
CONSENT ORDER AND JUDGMENT OF FORFEITURE DAVID C. KEESLER , Magistrate Judge . WHEREAS, the defendant, WILLIAM MITCHELL LEE POPE, has entered into a plea agreement (incorporated by reference herein) with the United States and, has voluntarily pleaded guilty pursuant to Federal Rule of Criminal Procedure 11 to one or more criminal offenses under which forfeiture may be ordered; WHEREAS, the defendant and the United States stipulate and agree that the property described below constitutes...
CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(c)(2) FRANK D. WHITNEY , District Judge . BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offense(s) to which the Defendant has pled guilty and that the Defendant (or any combination of Defendants in this case) has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT: 1. The following property is forfeited to the United...
ORDER RICHARD L. VOORCHEES , District Judge . BEFORE THE COURT are three motions filed in the alternative by Defendant Lincoln Diagnostics, Inc. ("Lincoln"). (Doc. 13-14). The first is a motion to dismiss under 12(b)(3) with leave to file compulsory counterclaim in pending Central District of Illinois case. The second is a motion to transfer venue pursuant to 28 U.S.C. 1404(a). The last is a motion to dismiss under 12(b)(6). Plaintiff Greer Laboratories, Inc. ("Greer"), individually...
CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(c)(2) DAVID KEESLER , Magistrate Judge . BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offense(s) to which the Defendant has pled guilty and that the Defendant (or any combination of Defendants in this case) has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT: 1. The following property is forfeited to the United...
CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(c)(2) ROBERT J. CONRAD , District Judge . BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offense(s) to which the Defendant has pled guilty and that the Defendant (or any combination of Defendants in this case) has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT: 1. The following property is forfeited to the United...
CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(c)(2) FRANK D. WHITNEY , District Judge . BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offense(s) to which the Defendant has pled guilty and that the Defendant (or any combination of Defendants in this case) has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT: 1. The following property is forfeited to the United...
ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on Petitioner's Motion to Vacate, Set Aside, or Correct Sentence, filed under 28 U.S.C. 2255 [Doc. 1]. No response from the Government is necessary. For the reasons that follow, the Court will transfer this action to the Northern District of Georgia. I. BACKGROUND On February 13, 2001, Petitioner was convicted after pleading guilty in this Court to two counts of transport of a firearm in interstate commerce by...
ORDER RETURNING PROPERTY MAX O. COGBURN, Jr. , District Judge . UPON the Motion of the Defendant for Return of Property and with the agreement of the United States and the Defendant, by and through counsel, the Court now enters the following: Within three weeks of the entry of this Order, the United States' probation office shall arrange for the return of the following items of personal property of the Defendant: — one (1) Sony Viao laptop computer (light gray in color) — one (1) Sony...
CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(c)(2) DAVID KEESLER , Magistrate Judge . BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offense(s) to which the Defendant has pled guilty and that the Defendant (or any combination of Defendants in this case) has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT: 1. The following property is forfeited to the United...
MEMORANDUM AND RECOMMENDATION DENNIS L. HOWELL , Magistrate Judge . Plaintiff brings this action pursuant to 42 U.S.C. 405(g) to obtain judicial review of the final decision by the Commissioner of Social Security ("Commissioner") denying Plaintiff's claim for supplemental security income. This case came before the Court on the administrative record and the parties' Motions for Summary Judgment [# 11 & # 15]. The Court RECOMMENDS that the District Court GRANT the Commissioner's Motion...
CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(c)(2) DAVID S. CAYER , Magistrate Judge . BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offense(s) to which the Defendant has pled guilty and that the Defendant (or any combination of Defendants in this case) has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT: 1. The following property is forfeited to the United...
ORDER TO SEAL INDICTMENT DAVID S. CAYER , Magistrate Judge . UPON MOTION of the United States of America, by and through Jill Westmoreland Rose, United States Attorney, Western District of North Carolina, it is hereby ORDERED, ADJUDGED and DECREED that the above referenced Bill of Indictment, Warrant and Motion to Seal the Bill of Indictment be sealed until the defendant has been arrested. The Clerk is directed to certify copies of this Order to the United States Attorney's Office.
CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(c)(2). DAVID S. CAYER , Magistrate Judge . BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offense(s) to which the Defendant has pled guilty and that the Defendant (or any combination of Defendants in this case) has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT: 1. The following property is forfeited to the...
CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(c)(2) DAVID S. CAYER , Magistrate Judge . BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offense(s) to which the Defendant has pled guilty and that the Defendant (or any combination of Defendants in this case) has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT: 1. The following property is forfeited to the United...
