MEMORANDUM MALACHY E. MANNION , District Judge . Before the court are defendant Thung Van Huynh's counseled Motion to Dismiss Count One as Duplicitous, (Doc. 142 ), Motion to Change Venue, (Doc. 144 ), as well as his Motion in Limine, (Doc. 146 ). 1 Defendant Huynh claims that Count One of the Superseding Indictment should be dismissed because it joins two offenses as objects of the same conspiracy, that he is entitled to have the venue of his case transferred to the Central District...
MEMORANDUM MALACHY E. MANNION , District Judge . Petitioner, Jerry Reeves, an inmate confined in the Smithfield State Correctional Institution, Huntingdon, Pennsylvania, filed, through counsel, a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 which was superseded by an amended petition. (Doc. 1 , Doc. 11 ). Petitioner attacks his 2010 second-degree murder conviction and life sentence without parole imposed by the Court of Common Pleas for Dauphin County, Pennsylvania....
REPORT AND RECOMMENDATION TO DENY PLAINTIFF'S APPEAL Docs. 1, 9, 10, 12, 14, 15 GERALD B. COHN , Magistrate Judge . REPORT AND RECOMMENDATION I. Procedural Background On January 21, 2011, John W. Kichman ("Plaintiff") filed as a claimant for disability benefits under Title II of the Social Security Act, 42 U.S.C. 401-34, 1181-1183f, with a date last insured of December 31, 2013, 1 and an amended disability onset date of January 2, 2011, which coincided with Plaintiff's release from...
REPORT AND RECOMMENDATION KAROLINE MEHALCHICK , Magistrate Judge . Plaintiff Denon Kitt, proceeding pro se, is a federal inmate currently incarcerated at USP-Canaan in Wayne County, Pennsylvania. On June 8, 2015, Kitt initiated this action by filing a complaint against the United States of America under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. 1346. (Doc. 1). Kitt's complaint stems from events that occurred in October of 2013, when Kitt was exposed to another inmate at USP-...
MEMORANDUM WILLIAM J. NEALON , District Judge . On May 23, 2016, Petitioner, James King, an inmate currently confined at the United States Penitentiary in Lewisburg, Pennsylvania, ("USP-Lewisburg"), filed a habeas corpus petition pursuant to 28 U.S.C. 2241 alleging he was denied procedural due process rights in relation to the charge that he violated Code 201, "Fighting with another person." (Doc. 1). On September 6, 2016, Respondent filed a response to the petition. (Doc. 4). On...
MEMORANDUM OPINION KAROLINE MEHALCHICK , Magistrate Judge . I. BACKGROUND This matter was initiated by Plaintiffs on January 21, 2015. After extending case management deadlines on more than one occasion, the deadline for discovery was set for June 15, 2016. During the course of this litigation, Defendant Phillip Saul failed to participate in any discovery, and indeed, despite being ordered to do so by this Court (Doc. 32), failed to appear at his deposition, scheduled for January 28,...
MEMORANDUM EDWIN M. KOSIK , District Judge . The instant tort action arises from a motor vehicle accident wherein Plaintiffs, Keith Charles Johnson ("Johnson") and Janelle Rollins ("Rollins"), his wife, allegedly suffered injuries caused by Defendant Victoria L. Murphy ("Murphy") while driving Defendant Beth Davenport's ("Davenport"), Jeep Wrangler on Interstate 80 in New Jersey. (Doc. 1, Complaint). Before the Court is a motion for summary judgment (Doc. 17) filed by Defendants based...
MEMORANDUM WILLIAM J. NEALON , District Judge . On July 15, 2015, Plaintiff, Maria Concepcion Espi Leon, filed this instant appeal 1 under 42 U.S.C. 405(g) for review of the decision of the Commissioner of the Social Security Administration ("SSA") denying her application for disability insurance benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 1461, et seq . (Doc. 1). The parties have fully briefed the appeal. For the reasons set forth below, the decision of...
MEMORANDUM EDWIN M. KOSIK , District Judge . Before the court are the supplemented cross motions for summary judgment filed by Defendants Smith and Treece (Doc. 60) and Plaintiff Richard Brown (Doc. 67). 1 The matter proceeds on a third amended complaint (Doc. 43), and the pending motions deal exclusively with the issue of exhaustion. I. Background Plaintiff Richard Brown is an inmate currently housed at the State Correctional Institution at Smithfield ("SCI-Smithfield"), Huntingdon,...
MEMORANDUM WILLIAM J. NEALON , District Judge . On December 28, 2015, Petitioner, James King, an inmate currently confined at the United States Penitentiary in Lewisburg, Pennsylvania, ("USP-Lewisburg"), filed a habeas corpus petition pursuant to 28 U.S.C. 2241 alleging a violation of his procedural due process rights after he was charged with a violation of Code 111, "Introduction of narcotics," because he allegedly "proved beyond a reasonable doubt that there was no evidence that [he]...
MEMORANDUM WILLIAM J. NEALON , District Judge . On October 6, 2015, Petitioner, James King, an inmate currently confined at the United States Penitentiary in Lewisburg, Pennsylvania, ("USP-Lewisburg") filed a habeas corpus petition pursuant to 28 U.S.C. 2241 alleging a violation of his procedural due process rights when he was allegedly denied a hearing for an incident that occurred while housed at the United States Penitentiary in Allenwood, Pennsylvania. (Doc. 1). On September 2, 2016,...
REPORT AND RECOMMENDATION MARTIN C. CARLSON , Magistrate Judge . I. Introduction For social security disability claimants who are struggling with mental health challenges, a key component to any disability evaluation is an assessment of the claimant's ability to function in the workplace. This evaluation involves a multi-faceted assessment of an array of skills, including social functioning. Oftentimes that assessment entails fundamental credibility determinations. When an...
REPORT AND RECOMMENDATION SUSAN E. SCHWAB , Magistrate Judge . I. Introduction. Janet Linda Beddini ("Beddini"), the plaintiff in this case, has failed to comply with the orders of this Court. She has also disregarded her duty under the Local Rules of this Court. In consideration of these facts, we recommend that this case be dismissed, pursuant to Rule 41 of the Federal Rules of Civil Procedure, based on Beddini's failure to prosecute. II. Background. On May 5, 2016, Beddini commenced...
MEMORANDUM Background RICHARD P. CONABOY , District Judge . Leonidas R. Fields, an inmate presently confined at the Allenwood United States Penitentiary, White Deer, Pennsylvania (USP-Allenwood), filed this petition for writ of habeas corpus pursuant to 28 U.S.C. 2241. Named as Respondent is USP-Allenwood Warden Donna Zickefoose. Service of the petition was previously ordered. Petitioner was originally convicted in 1973 of bank robbery and jeopardy of life with a dangerous weapon in...
MEMORANDUM A. RICHARD CAPUTO , District Judge . Presently before the Court is the Complaint filed by Plaintiff Competitive Range Solutions, LLC. (Doc. 1.) Because the Complaint fails to establish that the Court has subject matter jurisdiction over this action, it will be dismissed unless Plaintiff can show that diversity jurisdiction is proper. I. Background Plaintiff commenced this action on December 19, 2016. Plaintiff alleges that this Court has jurisdiction over the action pursuant...
REPORT AND RECOMMENDATION JOSEPH F. SAPORITO, JR. , Magistrate Judge . On September 17, 2016, the petitioner, appearing through counsel, filed a petition for a writ of habeas corpus submitted pursuant to 28 U.S.C. 2241. (Doc. 1). In this petition, Ferguson, a native and citizen of the Bahamas, challenged the legality of his extended post-removal detention. At the time of filing, Ferguson was being held in the custody of United States Immigration and Customs Enforcement at York County...
REPORT AND RECOMMENDATION JOSEPH F. SAPORITO, JR. , Magistrate Judge . This is a pro se civil rights action brought under 42 U.S.C. 1983 alleging malicious prosecution and false imprisonment. The defendant is a Harrisburg City police officer, Cpl. Terry Wealand, who is sued in his official and individual capacities. The complaint alleges that the action arises out of an unlawful search, seizure, and arrest on December 31, 2008. (Doc. 1). The defendant has filed a motion to dismiss for...
MEMORANDUM CHRISTOPHER C. CONNER , Chief District Judge . On March 12, 2015, plaintiff Bruce Anthony Dillard ("Dillard"), an inmate formerly housed at the Federal Correctional Institution, Schuylkill, Pennsylvania, ("FCI-Schuylkill"), commenced this Bivens 1 action in the United States District Court for the Eastern District of Pennsylvania. (Doc. 1). The action was transferred to this court on April 15, 2015. (Doc. 6). Dillard's complaint (Doc. 7) names the following defendants:...
ORDER CHRISTOPHER C. CONNER , Chief District Judge . AND NOW, this 29th day of December, 2016, upon consideration of the motion (Doc. 150) for summary judgment filed by plaintiff UHS of Delaware, Inc. ("UHS Delaware"), and the motion (Doc. 151) for partial summary judgment filed by defendants United Health Services, Inc., United Health Services Hospitals, Inc., Professional Home Care, Inc., Twin Tier Home Health, Inc., Ideal Senior Living Center, Inc., Ideal Senior Living Center Housing...
MEMORANDUM Christopher C. Conner , Chief Judge . The instant matter arises from a trademark dispute between plaintiff UHS of Delaware, Inc. ("UHS Delaware") and defendants United Health Services, Inc., ("United Health Services"), United Health Services Hospitals, Inc., Professional Home Care, Inc., Twin Tier Home Health, Inc., Ideal Senior Living Center, Inc., Ideal Senior Living Center Housing Corporation, Delaware Valley Hospital, Inc., and United Medical Associates. Before the court...
