REPORT AND RECOMMENDATION ROBERT W. TRUMBLE, Magistrate Judge. I. INTRODUCTION On March 19, 2014, Plaintiff Rodney P. Pierce ("Plaintiff"), by counsel Jan Dils, Esq., filed a Complaint in this Court to obtain judicial review of the final decision of Defendant Carolyn W. Colvin, Acting Commissioner of Social Security ("Commissioner" or "Defendant"), pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. 405(g). (Compl., ECF No. 1). On May 21, 2014, the Commissioner,...
OPINION/REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE JOHN S. KAULL, Magistrate Judge. This matter has been referred to the undersigned Magistrate Judge by the District Court for purposes of conducting proceedings pursuant to Federal Rule of Criminal Procedure 11. Defendant, Timothy Wayne Ferrell, Jr., in person and by counsel, Brian Kornbrath, appeared before me on December 23, 2014. The Government appeared by Assistant United States Attorney Shawn Morgan. The Court...
OPINION/REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE JOHN S. KAULL, Magistrate Judge. This matter has been referred to the undersigned Magistrate Judge by the District Court for purposes of conducting proceedings pursuant to Federal Rule of Criminal Procedure 11. Defendant, Ranad Jamal Straughter, in person and by counsel, Katy Cimino, appeared before me on December 22, 2014. The Government appeared by Assistant United States Attorney Zelda Wesley. The Court determined...
OPINION/REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE JOHN S. KAULL, Magistrate Judge. This matter has been referred to the undersigned Magistrate Judge by the District Court for purposes of conducting proceedings pursuant to Federal Rule of Criminal Procedure 11. Defendant, Andrew Bolyard, in person and by counsel, Deanna Pennington, appeared before me on December 22, 2014. The Government appeared by Assistant United States Attorney Zelda Wesley. The Court determined...
REPORT AND RECOMMENDATION JAMES E. SEIBERT, Magistrate Judge. I. INTRODUCTION A. Background On March 28, 2014, Dillon Daniel Campbell ("Plaintiff") filed this action under 42 U.S.C. 405(g) for judicial review of an adverse decision of the Commissioner of Social Security denying his claims for disability insurance benefits ("DIB") under Titles II of the Social Security Act. 42 U.S.C. 401-433. 1 The Commissioner filed her answer on June 9, 2014. 2 Plaintiff filed his Motion for...
ORDER/OPINION JOHN S. KAULL, Magistrate Judge. On March 21, 2014, Plaintiff, proceeding pro se, filed a Complaint in this matter. (Docket No. 1.) On November 25, 2014, Defendant, the Commissioner of Social Security, filed an Answer to the Complaint, along with a copy of the transcript of administrative proceedings in this matter. (Docket Nos. 19 and 20.) A review of the docket reveals Plaintiff has not filed a Motion for Summary Judgment and Memorandum in Support thereof. Plaintiff is...
MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND OVERRULING THE PLAINTIFF'S OBJECTIONS FREDERICK P. STAMP, Jr., District Judge. I. Background The plaintiff seeks judicial review of the final decision of the defendant. The plaintiff suffers from certain medical conditions, including depression, fibromyalgia, obesity, chronic back pain, sleep apnea, asthma, and osteoarthritis. Further, the plaintiff testified that she drives to go to...
MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE, DISMISSING THE PETITIONER'S APPLICATION WITH PREJUDICE, AND OVERRULING THE PETITIONER'S OBJECTIONS FREDERICK P. STAMP, Jr., District Judge. I. Background The petitioner, proceeding pro se , 1 filed an application of habeas corpus pursuant to 28 U.S.C. 2241. In his petition, the petitioner frames the issue and his argument as whether the Bureau of Prisons ("BOP") abused its discretion...
ORDER DENYING AN AWARD OF ATTORNEY'S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT JAMES E. SEIBERT, Magistrate Judge. I. INTRODUCTION A. Background This matter comes before the Court on the Plaintiff's Motion for an Award of Attorney's Fees under the Equal Access to Justice Act, 28 U.S.C. 2412 ("EAJA"), filed on October 27, 2014. 1 The Commissioner filed her response to the motion on November 24, 2014, 2 and the Plaintiff filed a reply on December 8, 2014. 3 This Court held an...
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT AND GRANTING IN PART MOTION FOR SUMMARY JUDGMENT GINA M. GROH, District Judge. Currently pending before the Court are the Motion for Partial Summary Judgment of A.Hak Industrial Services BV ("A.Hak BV") and the Motion for Summary Judgment of A.Hak BV, A.Hak Industrial Services US, LLC, ("A.Hak US") and A.Hak InTank Services LLC ("A.Hak InTank"). ECF 229. For the following reasons, the Court DENIES the Motion for...
OPINION/REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE JOHN S. KAULL, Magistrate Judge. This matter has been referred to the undersigned Magistrate Judge by the District Court for purposes of conducting proceedings pursuant to Federal Rule of Criminal Procedure 11. Defendant, Robert Dale Tasker, in person and by counsel, L. Richard Walker, appeared before me on December 18, 2014. The Government appeared by Randolph J. Bernard, Assistant United States Attorney. The Court...
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS [DKT. NO. 15] IRENE M. KEELEY, District Judge. Pending before the Court is the motion to dismiss (dkt. no. 15) filed by the defendant, Corporal D.P. Starcher ("Starcher"). The amended complaint of the plaintiff, Jackie Denmark ("Denmark"), asserts claims against Starcher in both his individual and official capacities pursuant to 42 U.S.C. 1983 and the common law tort of abuse of process. In his...
ORDER ADOPTING REPORT AND RECOMMENDATION JOHN PRESTON BAILEY, District Judge. On this day, the above-styled matter came before this Court for consideration of the Report and Recommendation ("R&R") of United States Magistrate Judge James Seibert. On May 23, 2013, petitioner initiated this case by filing a Motion under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence. [Civ. Doc. 1; Crim. Doc. 331]. On March 26, 2014, Magistrate Judge Seibert issued an initial R&R recommending that...
ORDER/OPINION GRANTING GOVERNMENT'S MOTION TO DETAIN JOHN S. KAULL, Magistrate Judge. On December 22, 2014, came the United States by Shawn Morgan, its Assistant United States Attorney, and also came the defendant, Arthur W. Pritt, in person and by his counsel, Scott Shough, for hearing on the motion of the United States to detain Defendant pending trial. Thereupon, the matter came on to be heard upon the Government's motion to detain; upon the pretrial services report prepared and submitted...
REPORT AND RECOMMENDATION ROBERT W. TRUMBLE, Magistrate Judge. I. INTRODUCTION On January 10, 2014, Plaintiff Susan Michelle Sibole ("Plaintiff'), proceeding pro se, filed a Complaint to obtain judicial review of the final decision of Defendant Carolyn W. Colvin, Acting Commissioner of Social Security ("Commissioner" or "Defendant"), pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. 405(g). (Complaint, ECF No. 1). On March 25, 2014, the Commissioner, by...
AMENDED MEMORANDUM OPINION AND ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT AND GRANTING IN PART MOTION FOR SUMMARY JUDGMENT GINA M. GROH, District Judge. Currently pending before the Court are the Motion for Partial Summary Judgment of A.Hak Industrial Services BV ("A.Hak BV") and the Motion for Summary Judgment of A.Hak BV, A.Hak Industrial Services US, LLC, ("A.Hak US") and A.Hak InTank Services LLC ("A.Hak InTank"). ECF 229. For the following reasons, the Court DENIES the Motion...
MEMORANDUM OPINION AND ORDER GRANTING THE PLAINTIFF'S MOTION TO REMAND FREDERICK P. STAMP, Jr., District Judge. I. Background On October 10, 2014, the plaintiff filed this civil action against the defendant, the plaintiff's insurer, in the Circuit Court of Brooke County, West Virginia. The defendant is an insurance company that is incorporated in Ohio, with its principal place of business there as well. The plaintiff claims that on October 11, 2013, a nearby gas explosion damaged his...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT SCOTTSDALE INSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT, GRANTING THE PLAINTIFFS' MOTION TO SEAL AND DENYING THE PENDING MOTIONS IN LIMINE AS MOOT FREDERICK P. STAMP, Jr., District Judge. I. Procedural History The plaintiffs originally filed this civil action in the Circuit Court of Ohio County, West Virginia. Thereafter, the defendants removed the action to this Court based on diversity jurisdiction. The plaintiffs are the Co-...
OPINION/REPORT AND RECOMMENDATION REGARDING PLEA OF GUILTY IN FELONY CASE JOHN S. KAULL, Magistrate Judge. This matter has been referred to the undersigned Magistrate Judge by the District Court for purposes of conducting proceedings pursuant to Federal Rule of Criminal Procedure 11. Defendant, Richard Raymond Linger, in person and by counsel, Brian Kornbrath, appearing for Katy Cimino, appeared before me on December 15, 2014. The Government appeared by Michael Stein, its Assistant United...
OPINION/REPORT AND RECOMMENDATION REGARDING PLEA OF GUILTY IN FELONY CASE JOHN S. KAULL, Magistrate Judge. This matter has been referred to the undersigned Magistrate Judge by the District Court for purposes of conducting proceedings pursuant to Federal Rule of Criminal Procedure 11. Defendant, Christina Lee Kimble, in person and by counsel, Thomas Dyer, appeared before me on December 15, 2014. The Government appeared by Stephen Warner, its Assistant United States Attorney. The Court...
