MEMORANDUM OPINION T.S. ELLIS, III , District Judge . Petitioner Joseph Emmanuel Mann, a federal inmate convicted of conspiracy to distribute oxycodone, in violation of 21 U.S.C. 841(a)(1) and 846, has filed a motion to vacate, set aside or correct his sentence, pursuant to 28 U.S.C. 2255, based on four claims of ineffective assistance of counsel. Specifically, petitioner contends that Counsel was ineffective because: (i) Counsel failed to move for an evaluation of petitioner's...
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE RODERICK C. YOUNG, Magistrate Judge. This matter is before the Court pursuant to Title 28 U.S.C. 636(b)(1)(B) and (b)(3) upon the Defendant's request to enter a plea of guilty pursuant to Fed. R. Crim. P. 11 and an oral recitation and the statement of facts that have been agreed upon by the United States and the Defendant. The matter was presented to the Court upon the written consent of the Defendant and counsel for the Defendant to...
MEMORANDUM OPINION LIAM O'GRADY , District Judge . I. Overview This matter comes before the Court on Defendant Coastal International Security's motion for summary judgment. Dkt. No. 32. The plaintiff filed her opposition, to which the defendant replied. The Court heard oral argument on October 24, 2014. Upon careful consideration of the pleadings and exhibits submitted by the parties, the Court hereby DENIES Defendant's motion for summary judgment (Dkt. No. 32) for the reasons set...
MEMORANDUM OPINION T.S. ELLIS, III , District Judge . In this removed diversity insurance coverage dispute, plaintiff alleges a breach of contract claim against defendants, asserting that defendants' denial of coverage for the embezzlement of almost $500,000 by plaintiff's treasurer constitutes a breach of the insurance policy defendants issued to plaintiff. In response, defendants argue that coverage was properly denied on the basis of plaintiff's misrepresentation in the renewal survey (...
REPORT AND RECOMMENDATION DAVID J. NOVAK, Magistrate Judge. Arthur H. Holmes, IV ("Plaintiff) is forty-five years old and previously worked as an electrician, a stock clerk and a cashier. On January 18, 2011, Plaintiff applied for Social Security Disability Benefits ("DIB"). On January 19, 2011, Plaintiff applied for Supplemental Security Income ("SSI") under the Social Security Act ("Act"). Both claims stemmed from gout flares, with an alleged onset date of February 2, 2008. Plaintiff's...
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE DAVID J. NOVAK, Magistrate Judge. This matter is before the Court pursuant to Title 28 U.S.C. 636(b)(1)(B) and (b)(3) upon the Defendant's request to enter a plea of guilty pursuant to Fed. R. Crim. P. 11 and a written plea agreement that has been entered into by the United States and the Defendant. The matter was presented to the Court upon the written consent of the Defendant and counsel for the Defendant to proceed before a United States...
ORDER JAMES R. SPENCER, Senior District Judge. In accordance with the accompanying Memorandum Opinion, it is hereby ORDERED that: 1. The Report and Recommendation is ACCEPTED and ADOPTED; 2. Respondent's Motion to Dismiss (ECF No. 6) is GRANTED; 3. The Court DENIES Landeck's request to stay and abey the instant action; 4. The Court DISMISSES WITHOUT PREJUDICE Landeck's claims; 5. The Court DENIES WITHOUT PREJUDICE Landeck's 2254 Petition (ECF No. I); 6. The Court DISMISSES the action...
MEMORANDUM OPINION JAMES R. SPENCER, Senior District Judge. Christopher Todd Landeck, a Virginia state prisoner proceeding pro se, brings this petition pursuant to 28 U.S.C. 2254 (" 2254 Petition," ECF No. 1) challenging his conviction in the Circuit Court of the City of Richmond, Virginia ("Circuit Court"). On November 19, 2014, the Magistrate Judge issued a Report and Recommendation. There being no objections, the Report and Recommendation will be ACCEPTED and ADOPTED. I. BACKGROUND...
ORDER JAMES R. SPENCER, Senior District Judge. This matter is before the court for consideration of a report and recommendation by the Magistrate Judge regarding the Magistrate Judges acceptance of the Defendants plea of guilty to specified charges in the pending matter pursuant to a Fed. R. Crim. P. 11 proceeding conducted by the Magistrate Judge with the consent of the Defendant and counsel. It appearing that the Magistrate Judge made full inquiry and findings pursuant to Rule 11; that the...
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE DAVID J. NOVAK, Magistrate Judge. This matter is before the Court pursuant to Title 28 U.S.C. 636(b)(1)(B) and (b)(1) upon the Defendant's request to enter a plea of guilty pursuant to Fed. R. Crim. P. 11 and in oral recitation and the statement of facts that have been agreed upon by the United States and the Defendant. The matter was presented to the Court upon the written consent of the Defendant and counsel for the Defendant to proceed...
ORDER JAMES R. SPENCER, Senior District Judge. This matter is before the court for consideration of a report and recommendation by the Magistrate Judge regarding the Magistrate Judges acceptance of the Defendants plea of guilty to specified charges in the pending matter pursuant to a Fed. R. Crim. P. 11 proceeding conducted by the Magistrate Judge with the consent of the Defendant and counsel. It appearing that the Magistrate Judge made full inquiry and findings pursuant to Rule 11; that the...
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE DAVID J. NOVAK, Magistrate Judge. This matter is before the Court pursuant to Title 28 U.S.C. 636(b)(1)(B) and (b)(3) upon the Defendant's request to enter a plea of guilty pursuant to Fed. R. Crim. P. 11 and an oral recitation and the statement of facts that have been agreed upon by the United States and the Defendant. The matter was presented to the Court upon the written consent of the Defendant and counsel for the Defendant to proceed...
ORDER JAMES R. SPENCER, Senior District Judge. This matter is before the court for consideration of a report and recommendation by the Magistrate Judge regarding the Magistrate Judges acceptance of the Defendants plea of guilty to specified charges in the pending matter pursuant to a Fed. R. Crim. P. 11 proceeding conducted by the Magistrate Judge with the consent of the Defendant and counsel. It appearing that the Magistrate Judge made full inquiry and findings pursuant to Rule 11; that the...
CLASS ACTION MEMORANDUM OPINION ANTHONY J. TRENGA , District Judge . Defendant K12, Inc. ("K12") is a publicly traded company that provides online classroom services. In this securities class action, plaintiff Oklahoma Firefighters Pension & Retirement System ("plaintiff"), a public pension fund, purchased K12's common stock, whose stock price declined by nearly 40% on October 9, 2013, following K12's announcement of the results of its Fall 2013 enrollment season. Bringing this action...
MEMORANDUM OPINION (Granting in Part and Denying in Part Respondent's Motion to Dismiss) HENRY E. HUDSON, District Judge. Robert Earl Tippens, Jr., a Virginia inmate proceeding pro se, filed this petition for habeas corpus under 28 U.S.C. 2254 (" 2254 Petition," ECF No. 3) challenging his convictions in the Circuit Court of Mecklenburg County ("Circuit Court") of felony eluding police, robbery, and attempted unlawful wounding of a law enforcement officers. Tippens demands relief upon...
MEMORANDUM OPINION ROBERT E. PAYNE, Senior District Judge. This matter is before the court on DEFENDANT ROBERT CUSHIONBERRY'S MOTION TO DISMISS (Docket No. 284). For the reasons set forth below, the motion will be denied. BACKGROUND Woodson filed a Complaint against the City of Richmond and several other defendants, alleging several violations of his constitutional rights under the Eighth Amendment 1 and 42 U.S.C. 1983 2 . Docket No. 1. Later, with leave of Court, Woodson filed a Fourth...
OPINION AND ORDER DOUGLAS E. MILLER, Magistrate Judge. In these consolidated claims for personal injury and property damage allegedly arising from mold in military housing, contentious discovery disputes have produced 28 contested motions, including several motions for sanctions and reciprocal requests for costs and fees related to the parties' alleged non-compliance. The Court resolved most of the previous disputes from the bench, or in brief written orders entered after oral argument. (ECF...
ORDER JAMES R. SPENCER, Senior District Judge. This matter is before the court for consideration of a report and recommendation by the Magistrate Judge regarding the Magistrate Judge's acceptance of the Defendant's plea of guilty to specified charges in the pending matter pursuant to a Fed. R. Crim. P. 11 proceeding conducted by the Magistrate Judge with the consent of the Defendant and counsel. It appearing that the Magistrate Judge made full inquiry and findings pursuant to Rule 11; that...
ORDER JAMES R. SPENCER, Senior District Judge. This matter is before the court for consideration of a report and recommendation by the Magistrate Judge regarding the Magistrate Judge's acceptance of the Defendant's plea of guilty to specified charges in the pending matter pursuant to a Fed. R. Crim. P. 11 proceeding conducted by the Magistrate Judge with the consent of the Defendant and counsel. It appearing that the Magistrate Judge made full inquiry and findings pursuant to Rule 11; that...
ORDER JAMES R. SPENCER, Senior District Judge. This matter is before the court for consideration of a report and recommendation by the Magistrate Judge regarding the Magistrate Judge's acceptance of the Defendant's plea of guilty to specified charges in the pending matter pursuant to a Fed. R. Crim. P. 11 proceeding conducted by the Magistrate Judge with the consent of the Defendant and counsel. It appearing that the Magistrate Judge made full inquiry and findings pursuant to Rule 11; that...
