REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE MICHAEL JOHN ALOI , 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, Charles Edward Lynn, in person and by Counsel, Brian Kornbrath, Federal Public Defender, appeared before me on December 23, 2019. The Government appeared by Assistant United States Attorney, Sarah...
AMENDED REPORT AND RECOMMENDATION RECOMMENDING DEFENDANT'S MOTION TO DISMISS BE GRANTED MICHAEL JOHN ALOI , Magistrate Judge . This matter is before the undersigned pursuant to a referral order entered by Honorable Senior United States District Judge Irene M. Keeley on August 12, 2019 (ECF No. 2). Plaintiff Gregory Bowles, proceeding pro se, filed a Complaint in this matter in the Circuit Court of Marion County, West Virginia, on July 10, 2019 (ECF No. 13-1 at 1). Defendant CVS Pharmacy,...
REPORT AND RECOMMENDATION RECOMMENDING DEFENDANT'S MOTION TO DISMISS BE GRANTED MICHAEL JOHN ALOI , Magistrate Judge . This matter is before the undersigned pursuant to a referral order entered by Honorable Senior United States District Judge Irene M. Keeley on August 12, 2019 (ECF No. 2). Plaintiff Gregory Bowles, proceeding pro se, filed a Complaint in this matter in the Circuit Court of Marion County, West Virginia, on July 10, 2019 (ECF No. 13-1 at 1). Defendant CVS Pharmacy, L.L.C.,...
REPORT AND RECOMMENDATION JAMES P. MAZZONE , Magistrate Judge . I. INTRODUCTION On January 11, 2019, the pro se Petitioner, Tavarras Rhodes ("Rhodes") filed a Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241. ECF No. 1. Rhodes has satisfied the $5 filing fee. ECF No. 9. Rhodes is a federal inmate who is housed at FCI Gilmer and is challenging the validity of his sentence from the United States District Court for the Eastern District of Virginia. On September 4, 2019, the...
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE (DKT. NO. 59), ACCEPTING GUILTY PLEA, AND SCHEDULING SENTENCING HEARING IRENE M. KEELEY , District Judge . On December 11, 2019, the defendant, Ann Brennan ("Brennan"), appeared before United States Magistrate Judge Michael J. Aloi and moved for permission to enter a plea of GUILTY to Count One of the Indictment. Brennan stated that she understood that the magistrate judge is not a United...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE MICHAEL JOHN ALOI , 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. (ECF No. 51). Defendant, Ann Brennan, in person and by Counsel, Richard Walker, appeared before me on December 11, 2019. The Government appeared by Assistant United States Attorney, Traci Cook. The Court...
MEMORANDUM OPINION AND ORDER DENYING MOTION TO DISMISS AMENDED COUNTERCLAIMS [ECF NO. 155] THOMAS S. KLEEH , District Judge . Pending before the Court is a Motion to Strike/Dismiss the Counterclaims of Octane [ECF No. 155]. For the reasons discussed below, the Court denies the Motion. I. PROCEDURAL HISTORY On July 17, 2018, Rick Richards and Ernest Richards, II (together, "Plaintiffs") filed separate but related suits in the Circuit Court of Harrison County, West Virginia, against...
MEMORANDUM OPINION AND ORDER DENYING AMENDED MOTION TO DISMISS (SPEEDY TRIAL ACT) [ECF NO. 124] AND MOTION TO DISMISS (SIXTH AMENDMENT) [ECF NO. 131] THOMAS S. KLEEH , District Judge . On December 13, 2019, the Court held a motion hearing in the above-referenced matter. The parties argued the merits of multiple motions, including Defendant's Amended Motion to Dismiss — Speedy Trial Act [ECF No. 124] and his Motion to Dismiss — Sixth Amendment [ECF No. 131]. On December 17, 2019, during the...
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT R&V ASSOCIATES' MOTIONS TO DISMISS JOHN PRESTON BAILEY , District Judge . Pending before this Court is Defendant R&V Associates' Motions to Dismiss Amended Complaint [Doc. 26]. The motion has been fully briefed and is ripe for decision. For the reasons hereinafter stated, the motion will be granted in part and denied in part. Legal Standard A motion to dismiss filed under Fed. R. Civ. P. 12(b)(6) tests the...
AMENDED 1 MEMORANDUM OPINION AND ORDER GRANTING KIEF'S MOTION FOR SUMMARY JUDGMENT [DKT NO. 114], GRANTING IN PART COSTLOW'S MOTION FOR SUMMARY JUDGMENT [DKT. NO. 116], AND DISMISSING THE PLAINTIFF'S 1983 CLAIMS WITH PREJUDICE AND HIS SUPPLEMENTAL STATE LAW CLAIMS WITHOUT PREJUDICE IRENE M. KEELEY , UNITED STATES DISTRICT JUDGE . According to the plaintiff, Scott T. Ballock ("Ballock"), the Federal Bureau of Investigation ("FBI") terminated his employment as a consequence of his...
MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, OVERRULING DEFENDANT'S OBJECTIONS AND DENYING DEFENDANT'S MOTIONS TO SUPPRESS FREDERICK P. STAMP, JR. , District Judge . On August 6, 2019, the defendant was indicted for being a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1) and 924(a)(2). ECF No. 1. On October 17, 2019, the defendant, James Joseph Michaels, filed two motions to suppress. ECF Nos. 19 and 20. One...
MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE FREDERICK P. STAMP, JR. , District Judge . I. Background The pro se 1 petitioner, Rivas Nelson, is incarcerated at USP Hazelton where he is serving a sentence imposed by the United States District Court for the Eastern District of Wisconsin. ECF No. 1 at 2. The petitioner filed a Petition for Habeas Corpus Under 28 U.S.C. 2241, in which he states that his "prior drug conviction no...
REPORT AND RECOMMENDATION JAMES P. MAZZONE , Magistrate Judge . I. Introduction On May 29, 2018, Petitioner, Rivas Nelson, an inmate incarcerated at USP Hazelton in Bruceton Mills, West Virginia, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. The petition challenges the continued legality of Petitioner's sentence imposed by the United States District Court for the Eastern District of Wisconsin. The matter is assigned to the Honorable Frederick P. Stamp, United...
MEMORANDUM OPINION AND ORDER GRANTING KIEF'S MOTION FOR SUMMARY JUDGMENT [DKT NO. 114], GRANTING IN PART COSTLOW'S MOTION FOR SUMMARY JUDGMENT [DKT. NO. 116], AND DISMISSING THE PLAINTIFF'S 1983 CLAIMS WITH PREJUDICE AND HIS SUPPLEMENTAL STATE LAW CLAIMS WITHOUT PREJUDICE IRENE M. KEELEY , District Judge . According to the plaintiff, Scott T. Ballock ("Ballock"), the Federal Bureau of Investigation ("FBI") terminated his employment as a consequence of his arrest by the West Virginia...
ORDER ADOPTING REPORT AND RECOMMENDATION GINA M. GROH , Chief District Judge . Now before the Court is the Report and Recommendation (AR&R@) of United States Magistrate Judge Robert W. Trumble. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Trumble for submission of a proposed R&R. Magistrate Judge Trumble issued his R&R [ECF No. 32] on October 29, 2019. Therein, Magistrate Judge Trumble recommends that the Petitioner's 2241 petition [ECF No. 1] and...
ORDER ADOPTING REPORT AND RECOMMENDATION GINA M. GROH , Chief District Judge . On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation (AR&R') of United States Magistrate Judge Robert W. Trumble. ECF No. 32. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Trumble for submission of a proposed R&R. Magistrate Judge Trumble issued his R&R on August 21, 2019. In the R&R, he recommends that the Petitioner'...
MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS HOT SPOT CT REAL ESTATE LLC'S AND BRENT JACKSON'S MOTION FOR PARTIAL SUMMARY JUDGMENT GINA M. GROH , Chief District Judge . Now before the Court is Defendants Hot Spot CT Real Estate, LLC's and Brent Jackson's Motion for Partial Summary Judgment [ECF No. 176], filed on August 5, 2019. Plaintiffs filed a response in opposition on August 26, 2019. ECF No. 182. Accordingly, this matter has been fully briefed and is now ripe for review. For the...
MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT GINA M. GROH , Chief District Judge . Now before the Court is Defendants' Motion for Summary Judgment or Partial Summary Judgment [ECF No. 170], filed on July 26, 2019. Plaintiffs filed a response in opposition on August 16, 2019. ECF No. 178. Defendants filed a reply in support of their motion on August 30, 2019. ECF No. 184. Accordingly, this matter has been fully briefed and is now...
ORDER ADOPTING REPORT AND RECOMMENDATION GINA M. GROH , Chief District Judge . Now before the Court is the Report and Recommendation ("R&R") of United States Magistrate Judge Robert W. Trumble. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Trumble for submission of a proposed R&R. Magistrate Judge Trumble issued his R&R [ECF No. 25] on November 6, 2019. Therein, Magistrate Judge Trumble recommends that the Petitioner's 2241 petition [ECF No. 1] be...
ORDER ADOPTING REPORT AND RECOMMENDATION GINA M. GROH , Chief District Judge . Now before the Court is the Report and Recommendation ("R&R") of United States Magistrate Judge Robert W. Trumble. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Trumble for submission of a proposed R&R. Magistrate Judge Trumble issued his R&R [ECF No. 25] on November 6, 2019. Therein, Magistrate Judge Trumble recommends that the Petitioner's 2241 petition [ECF No. 1] be...
