REPORT AND RECOMMENDATION DOUGLAS E. MILLER , Magistrate Judge . Plaintiff Juanita Johnson, proceeding pro se on behalf of her minor son, D.J., seeks judicial review of the Commissioner of Social Security's (Commissioner) decision denying her son's claim for Supplemental Security Income (SSI) benefits under the Social Security Act. Johnson does not identify a specific aspect of the Administrative Law Judge's (ALJ) decision with which she disagrees, but in her Complaint, she "ask[s] for...
REPORT AND RECOMMENDATION RODERICK C. YOUNG , Magistrate Judge . Orlando Charles Gripper, a federal inmate proceeding pro se, submitted a 28 U.S.C. 2241 Petition. (" 2241 Petition," ECF No. 3.) 1 The Government filed a Motion to Dismiss. (ECF No. 14.) Gripper also filed a Motion for Leave to Supplement to add new supporting case law. (ECF No. 16.) The matter is before the Court for a Report and Recommendation pursuant to 28 U.S.C. 636(b). For the reasons set forth below, it is...
REPORT AND RECOMMENDATION DOUGLAS E. MILLER , Magistrate Judge . Petitioner Kevin Dennard Hubert was convicted of three counts of armed bank robbery, in violation of 18 U.S.C. 2113(d), and two counts of using a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. 924(c). After unsuccessfully seeking relief on collateral review under 28 U.S.C. 2255, Hubert has now filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. 2241, (ECF No. 1), arguing that his...
REPORT AND RECOMMENDATION LAWRENCE R. LEONARD , Magistrate Judge . This matter is before the Court on Petitioner Robert F. Smith's ("Petitioner") pro se Petition for a Writ of Habeas Corpus ("the Petition") filed pursuant to 28 U.S.C. 2254, ECF No. 1, and Respondent Harold W. Clarke's ("Respondent") Motion to Dismiss, ECF No. 15. The matter was referred for a recommended disposition to the undersigned United States Magistrate Judge ("the undersigned") pursuant to 28 U.S.C. 636(b)(1)...
REPORT AND RECOMMENDATION RODERICK C. YOUNG , Magistrate Judge . Kevin L. Stowers, a federal inmate proceeding pro se, filed this petition for a writ of habeas corpus under 28 U.S.C. 2241 (" 2241 Petition," ECF No. 3) challenging the Bureau of Prisons' ("BOP") failure to award him additional good conduct time pursuant to the First Step Act. 1 Respondent has moved to dismiss on the grounds that, inter alia, Stowers failed to exhaust his administrative remedies. Despite the provision...
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 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...
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 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...
REPORT AND RECOMMENDATION THERESA CARROLL BUCHANAN , Magistrate Judge . THIS MATTER is before the Court on Plaintiff Malibu Media LLC's ("Plaintiff") Motion for Entry of Default Judgment Against Defendant Bob Rhyne a/k/a Robert Rhyne (Dkt. 25). 1 For the reasons articulated below, the undersigned U.S. Magistrate Judge recommends that Plaintiff's Motion be granted. I. BACKGROUND A. Procedural Posture Plaintiff filed this lawsuit on April 28, 2019, asserting claims under the United...
AMENDED REPORT AND RECOMMENDATION LAWRENCE R. LEONARD , Magistrate Judge . This matter is before the Court on Petitioner Felipe Franco's ("Petitioner") pro se Petition for a Writ of Habeas Corpus ("the Petition") filed pursuant to 28 U.S.C. 2254 and Respondent Harold W. Clarke's ("Respondent") Motion to Dismiss. ECF Nos. 1, 13. The matter was referred for disposition to the undersigned United States Magistrate Judge ("undersigned") pursuant to 28 U.S.C. 636(b)(1)(B) and (C),...
MEMORANDUM OPINION M. HANNAH LAUCK , District Judge . Victor Livermon, 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 for the Isle of Wight County, Virginia (hereinafter, "Circuit Court"). Respondent Harold W. Clarke filed a Motion to Dismiss alleging that the relevant statute of limitations bars Livermon's claims. ("Motion to Dismiss," ECF No. 8.) On November...
MEMORANDUM OPINION ROBERT E. PAYNE , Senior District Judge . This matter is before the Court on PLAINTIFF'S MOTION TO COMPEL AND FOR RULE 37(c)(1) SANCTIONS (ECF No. 72). Having considered the supporting, opposing, and reply memoranda, and for the reasons stated below, PLAINTIFF'S MOTION TO COMPEL AND FOR RULE 37(c)(1) SANCTIONS (ECF No. 72) will be granted in part and denied in part. BACKGROUND A. General Factual Background This matter arises out of a class action under the Fair Credit...
MEMORANDUM OPINION AND ORDER Raymond A. Jackson , United States District Judge . Before the Court is the Government's Motion to Involuntarily Medicate Defendant Brown To Restore His Competency to Stand Trial ("Sell Motion"). ECF No. 100. The Court held a hearing and considered the parties' filings on the matter. The Government's Sell Motion is GRANTED with respect to Option 2A of the Individualized Treatment Plan, but DENIED with respect to Option 1 and Option 2B of the Individualized...
MEMORANDUM OPINION M. HANNAH LAUCK , District Judge . This matter comes before the Court on Plaintiff the Trustees of Columbia University in the City of New York ("Columbia") and Defendant NortonLifeLock, Inc.'s ("Norton," and collectively with Columbia, the "Parties") Supplemental Markman 1 Briefs. (ECF Nos. 292, 293.) Each Party has also filed a rebuttal Markman Brief. (ECF Nos. 300, 301.) The Parties seek claim construction on a single phrase found in the remaining patent claims of...
MEMORANDUM OPINION CLAUDE M. HILTON , District Judge . THIS MATTER comes before the Court on Plaintiff and Defendants' Motions for Summary Judgment. On December 1, 2016, Karin Sheire was driving her son James Sheire's car when she struck a pedestrian, Rosemarie Cruz. Cruz unfortunately succumbed to her injuries, leaving behind two young daughters. After the accident, the Estate of Rosemarie Cruz sued Karin Sheire in Alexandria Circuit Court alleging wrongful death (the "Underlying...
MEMORANDUM OPINION ROBERT E. PAYNE , Senior District Judge . Samuel Smith, a federal inmate proceeding with counsel, filed this 28 U.S.C. 2255 Motion (" 2255 Motion," ECF No. 104) arguing that his firearm conviction is invalid under Johnson v. United States , 135 S.Ct. 2551 (2015). By Memorandum Opinion and Order entered on September 25, 2019, the Court granted Smith's 2255 Motion. Additionally, the Court directed the parties, within fourteen (14) days of the date of entry thereof,...
MEMORANDUM OPINION AND ORDER REBECCA BEACH SMITH , Senior District Judge . These matters come before the court on Motions to Dismiss filed by the Merck Defendants 1 and Glenmark Defendants 2 against the Direct Purchaser Plaintiffs' 3 (DPPs) and Retailer Plaintiffs' 4 Amended Complaints. I. Claims in Motions to Dismiss As an initial matter, a brief accounting of the claims made in the Motions to Dismiss is appropriate. The Merck Defendants' Motion to Dismiss New Claims and...
OPINION & ORDER Henry Coke Morgan, Jr. , Senior United States District Judge . After reviewing the briefing and hearing the arguments presented by the parties during the trial on this matter, and considering the stipulated facts before this Court, the Court enters the following findings of fact and conclusions of law pursuant to Federal Rules of Civil Procedure 52(a). Any item marked as a finding of fact or otherwise which may also be interpreted as a conclusion of law is hereby adopted...
MEMORANDUM OPINION ROBERT E. PAYNE , Senior District Judge . Arthur Lee Darby, Jr., a federal inmate proceeding pro se , filed this petition for a writ of habeas corpus under 28 U.S.C. 2241 (" 2241 Petition," ECF No. 3) challenging the Bureau of Prisons' ("BOP") failure to award him additional good conduct time pursuant to the First Step Act. 1 Respondent has moved to dismiss on the grounds that, inter alia , Darby failed to exhaust his administrative remedies. The Respondent served...
MEMORANDUM OPINION ROBERT E. PAYNE , Senior District Judge . Eliyahu Nirel Hickson, a federal inmate proceeding pro se , brings this MOTION UNDER 28 U.S.C. 2255 TO VACATE, SET ASIDE, OR CORRECT HER SENTENCE (" 2255 Motion," ECF No. 83). Hickson argues that she is entitled to relief on the following grounds: 1 Claim One (a) "[Hickson] was charged under [ ] 924(c)(1) when [Hickson] did not use, carry, or possess a firearm," "so the charge is incorrect" and "[Hickson] should not have...
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;...
