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...
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...
REPORT AND RECOMMENDATION DAVID J. NOVAK , Magistrate Judge . Plaintiff Regina H. Gordon ("Plaintiff"), proceeding pro se, brings this wrongful termination action against the following defendants: the City of Emporia ("Emporia"); Brian Thrower, City Manager of Emporia ("Thrower"); Nancy Turner, Supervisor of the Emporia Family Violence and Sexual Assault Unit ("Turner"); F. Woodrow Harris, Director of Probation Services for Emporia ("Harris"); and, Mary Person, Mayor of Emporia ("Person")...
ORDER ANTHONY J. TRENGA , District Judge . Pending before the Court is the Report and Recommendation [Doc. No. 23] of the Magistrate Judge recommending that this action be dismissed without prejudice in light of pro se Plaintiff Sara Negash's failure to respond to phone calls and emails from Defendants about a joint proposed discovery plan, failure to file a discovery plan, and failure to appear at the initial pretrial conference with the Magistrate Judge, all in violation of this Court'...
UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ROBERT J. KRASK , Magistrate Judge . Shonte L. Taylor, proceeding pro se, brought this action on behalf of her minor son, S.T., pursuant to 42 U.S.C. 405(g), 1383(c)(3), seeking judicial review of a decision of the Acting Commissioner ("Commissioner") of the Social Security Administration ("SSA") denying plaintiff's application for supplemental security income ("SSI") under Title XVI of the Social Security Act. An order of...
UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ROBERT J. KRASK , Magistrate Judge . This matter is before the Court on pro se defendant, Charles Hines' ("Hines") motion for sanctions against Willcox and Savage, P.C., requesting sanctions for Liberty's failure to answer Hines' counterclaims. ECF No. 102. The motion has been referred to the United States Magistrate Judge pursuant to the provisions of 28 U.S.C. 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). ECF No....
UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ROBERT J. KRASK , Magistrate Judge . Plaintiff, Tonya King ("King"), brought this action pursuant to 42 U.S.C. 405(g), seeking judicial review of a decision of the Acting Commissioner ("Commissioner") of the Social Security Administration ("SSA") denying King's claim for a period of disability and disability insurance benefits ("DIB") under Title II of the Social Security Act. 42 U.S.C. 401-34. An order of reference assigned...
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE RODERICK C. YOUNG , Magistrate Judge . This matter is beforethe Court pursuantto Title 28 U.S.C. 636(b)(1)(B) and (b)(3)upon the Defendant's request to enter a pleaof guilty pursuant to Fed. R. Grim. P, 11 and a written plea agreement that hasbeen entered into by the United States andthe Defendant. Thematter was presented tothe Court upon the written consent of the Defendant and counsel for the Defendant to proceed before a United States...
REPORT AND RECOMMENDATION DOUGLAS E. MILLER , Magistrate Judge . Plaintiff William L. Sutton seeks judicial review of the Commissioner of Social Security ("Commissioner")'s denial of his claim for Title II disability insurance benefits ("DIB"). Specifically, Sutton claims that the Administrative Law Judge ("ALJ")'s determination of residual functional capacity ("RFC") failed to account for his need for a cane, which Sutton claims undermines the evidence upon which the ALJ concluded he was...
MEMORANDUM OPINION LEONIE M. BRINKEMA , District Judge . Before the Court is defendant Prince William County School Board's ("defendant" or "PWCPS") Motion for Summary Judgment [Dkt. No. 31] to which plaintiff Kwame Yeboah-Kankam ("plaintiff or "Yeboah-Kankam"), proceeding pro se , has filed a response. Based on the written materials, the Court finds that oral argument would not aid the decisional process. For the reasons stated below, defendant's motion will be granted. I. BACKGROUND...
MEMORANDUM OPINION LEONIE M. BRINKEMA , District Judge . In this Petition for a Writ of Habeas Corpus under 28 U.S.C. 2254, John Hamilton ("petitioner" or "Hamilton") seeks an order vacating the Supreme Court of Virginia's decision, which upheld "his convictions for two counts of aggravated sexual battery, one count of sodomy, one count of indecent liberties with a child under the age of 14, and one count of indecent liberties by a person in a custodial position." Amend. Pet. at 1....
ORDER ROBERT E. PAYNE , 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 the specified charge 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;...
ORDER ROBERT E. PAYNE , 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 the specified charge 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;...
MEMORANDUM OPINION M. Hannah Lauck , United States District Judge This matter comes before the Court on cross-briefs filed by Petitioner Federal Energy Regulatory Commission ("FERC" or the "Commission"), (ECF No. 39), and Respondents Powhatan Energy Fund, LLC ("Powhatan"), Houlian "Alan" Chen ("Chen"), HEEP Fund, Inc. ("HEEP Fund"), and CU Fund, Inc. ("CU Fund") (collectively, the "Respondents"), (ECF No. 38). Both briefs discuss, as ordered by the Court, the meaning of this Court's de...
MEMORANDUM OPINION ROBERT E. PAYNE , Senior District Judge . Rico Lamont Pressey, a federal inmate proceeding pro se, submitted a motion under 28 U.S.C. 2255 to vacate, set aside, or correct his sentence. Pressey asserted that, in light of the Supreme Court's recent decision in Johnson v. United States , 135 S.Ct. 2551 (2015), his enhanced sentence under the United States Sentencing Guidelines ("USSG") as a career offender was unconstitutional. By Memorandum Opinion and Order...
MEMORANDUM OPINION (Denying Rule 59(e) Motion) HENRY E. HUDSON , District Judge . Kalvin Marshall, a federal inmate proceeding with counsel, submitted a successive motion under 28 U.S.C. 2255 to vacate, set aside, or correct his sentence(" 2255 Motion," ECF No. 194). Marshall argued that in light of the Supreme Court's ruling in Johnson v. United States, 135 S.Ct. 2551 (2015), his guidelines sentence is unconstitutional. ( Id. at 3.) By Memorandum Opinion and Order entered on...
MEMORANDUM OPINION IVAN D. DAVIS , Magistrate Judge . This matter is before the Court on the parties' cross-motions for summary judgment. (Dkt. Nos. 20, 25). Pursuant to 42 U.S.C. 405(g), Darrell Glen Leith ("Plaintiff) seeks judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner" or "Defendant") denying his claim for disability insurance benefits ("DIB") under Title II of the Social Security Act ("the Act"). 42 U.S.C. 401-34....
MEMORANDUM OPINION LEONIE M. BRINKEMA , District Judge . Freddie Lee Hall, a Virginia inmate proceeding pro se , has filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. 2254, challenging the constitutionality of his conviction of first-degree murder entered by the Circuit Court for the City of Portsmouth. Before the Court is respondent's Motion to Dismiss the petition [Dkt. No. 12], to which petitioner has filed a reply. [Dkt. No. 24]. I. Background Following a jury...
MEMORANDUM OPINION T.S. ELLIS, III , District Judge . Christopher Stephon Washington, a Virginia inmate proceeding pro se , has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254, challenging the constitutionality of a conviction entered in the Circuit Court of York County. Case No. CR11-6799-01. Before the Court is the respondent's Motion to Dismiss the petition. I. Background On July 10, 2013, after the first day of a jury trial, Washington entered a plea of...
OPINION JOHN A. GIBNEY, JR. , District Judge . This case arises under the Employee Retirement Income Security Act of 1974 ("ERISA"). The plaintiff, Faye F. Archer, worked for defendant SunTrust Bank ("SunTrust") 1 until October 2010, when she ended her employment due to physical disabilities. Sedgwick Claims Management Services, Inc. ("Sedgwick"), the plan administrator for the employee benefit plan in which Archer participated, paid her long-term disability benefits until February, 2014....
