ORDER OMAR J. ABOULHOSN , Magistrate Judge . Pending before the Court are the following: (1) Plaintiff's Motion for Leave to File an Amended Complaint (Document No. 9); (2) Plaintiff's Motion to Appoint Guardian ad Litem (Document No. 10); and (3) Plaintiff's Motion to Extend Time to File Response to Defendants' Motion to Dismiss (Document No. 11). 1. Motion for Leave to File an Amended Complaint (Document No. 9): In his Motion, Plaintiff requests permission to amend his Complaint. (...
MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . On March 15, 2018, a Suggestion of Death was filed by plaintiff's counsel suggesting the death of Patricia North during the pendency of this civil action. [ECF No. 10]. Pursuant to Federal Rule of Civil Procedure 25(a) and Pretrial Order ("PTO") # 191 (Requirements for Counsel to Deceased Plaintiffs) filed in In re: Boston Scientific Corp., Pelvic Repair System Products Liab. Litig., 2:12-md-2326 [ECF No. 6406], the time...
MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . In Bluefield, on March 16, 2020, came the defendant David Simmons, in person and by counsel, E. Ward Morgan, Esquire, and came the United States by Timothy D. Boggess, Assistant United States Attorney, for the purpose of considering the defendant's plea of guilty to Count One of the indictment, charging him with conspiracy to distribute a quantity of cocaine, oxycodone, oxymorphone and hydromorphone, in violation of...
MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS , UNITED STATES DISTRICT JUDGE . This suit challenges the constitutionality of a West Virginia law mandating that the party whose candidate for president received the most votes in the last election be listed first on ballots for partisan offices. Defendant Vera McCormick, Clerk of Kanawha County, now moves to dismiss. For the reasons below, the Court DENIES her Motion. I. BACKGROUND West Virginia's "Ballot Order Statute" mandates:...
ORDER THOMAS E. JOHNSTON , Chief District Judge . Pending before the Court is a joint motion for appointment of commission by Plaintiff Columbia Gas Transmission, LLC's ("Columbia") and Defendant Putnam County Development Authority, Inc. ("PCDA"). (ECF No. 280.) For the reasons that follow, the motion is GRANTED. In December 2017, the Federal Energy Regulatory Commission issue a certificate of public convenience and necessity to Columbia, authorizing Columbia to construct and operate a...
SUPERVISED RELEASE REVOCATION AND JUDGMENT ORDER MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR. , Senior District Judge . On March 13, 2020, the United States of America appeared by Kristin F. Scott, Assistant United States Attorney, and the defendant, Daniel C. Runion, appeared in person and by his counsel, Timothy J. LaFon, for a hearing on the petition seeking revocation of supervised release and amendments thereto submitted by United States Probation Officer Douglas W. Smith....
MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . Pending before the court 1 is defendant River Valley Capital Insurance, Inc.'s ("River Valley") motion to dismiss for lack of personal jurisdiction. (ECF No. 98). For the reasons that follow, the motion to dismiss is GRANTED. I. Procedural and Factual Background A. The 2017 accident and plaintiffs' claims against non-moving defendants This lawsuit stems from an April 13, 2017 trucking accident that occurred...
MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . I. Introduction By Standing Order, this action was referred to United States Magistrate Judge Dwane L. Tinsley for submission of proposed findings and recommendation ("PF&R"). Magistrate Judge Tinsley submitted his proposed findings and recommendation on May 7, 2019. In that Proposed Findings and Recommendation, the magistrate judge recommended that this court deny plaintiff's petition for Writ of Habeas Corpus under...
MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . In Bluefield, on March 16, 2020, came the defendant, in person and by counsel, Michael R. Whitt; came the United States by Timothy Boggess, Assistant United States Attorney; and came Senior United States Probation Officer Brett S. Taylor, for a hearing on the petition to revoke the defendant's term of supervised release. The court informed the defendant of the alleged violations contained in the petition to revoke the...
MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS , District Judge . Pending before the Court is former Defendant Joe Wood and Defendant Kim Wolfe's Motion to Dismiss Plaintiff's First Amended Complaint. ECF No. 50. After the motion was filed, the parties stipulated to a voluntary dismissal of Defendant Wood and Plaintiff's claim for injunctive relief. ECF No. 58. Therefore, the Court DENIES the motion AS MOOT with respect to those claims. Upon consideration of the remainder of the...
MEMORANDUM OPINION AND ORDER IRENE C. BERGER , District Judge . The Court has reviewed the Notice of Removal (Document 1), Amended Complaint (Document 7), Zurich American Insurance Company's Motion to Realign CAMC Health System, Inc. as a Plaintiff and Amend the Caption (Document 30), Memorandum of Law in Support of Zurich American Insurance Company's Motion to Realign CAMC Health System, Inc. as a Plaintiff and Amend the Caption (Document 31), Answer of Zurich American Insurance...
MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , UNITED STATES DISTRICT JUDGE . Pending before the court is a Motion to Suppress Evidence filed by Defendant Nicholas Boggess. [ECF No. 31]. On February 20, 2020, the court held a pre-trial motion hearing on the matter. [ECF No 37]. The matter is now ripe for adjudication. The Motion is DENIED for the reasons that follow. I. Background Defendant Boggess filed a Motion to Suppress Evidence from a traffic stop that occurred on October 6,...
SUPERVISED RELEASE REVOCATION AND JUDGMENT ORDER MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR. , Senior District Judge . On March 11, 2020, the United States of America appeared by Andrew J. Tessman, Assistant United States Attorney, and the defendant, Joshua Caudill, appeared in person and by his counsel, Tim C. Carrico, for a hearing on the petition seeking revocation of supervised release and amendment thereto submitted by United States Probation Officer Patrick M. Fidler. The...
SUPERVISED RELEASE REVOCATION AND JUDGMENT ORDER MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR. , Senior District Judge . On March 11, 2020, the United States of America appeared by Negar M. Kordestani, Assistant United States Attorney, and the defendant, James Kenneth White, appeared in person and by his counsel, Michael D. Payne, for a hearing on the petition seeking revocation of supervised release and amendment thereto submitted by United States Probation Officer M. Dylan...
PROPOSED FINDINGS AND RECOMMENDATION OMAR J. ABOULHOSN , District Judge . This is an action seeking review of the final decision of the Acting Commissioner of Social Security denying the Plaintiff's applications for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) under Titles II and XVI of the Social Security Act, 42 U.S.C. 401-433, 1381-1383f. By Order entered June 27, 2019 (ECF No. 4), this case was referred to the undersigned United States Magistrate Judge...
PROPOSED FINDINGS AND RECOMMENDATIONS CHERYL A. EIFERT , Magistrate Judge . This action seeks a review of the decision of the Commissioner of the Social Security Administration (hereinafter "Commissioner") denying Plaintiff's applications for a period of disability and disability insurance benefits ("DIB") and supplemental security income ("SSI") under Titles II and XVI of the Social Security Act, 42 U.S.C. 401-433, 1381-1383f. The matter is assigned to the Honorable Robert C. Chambers,...
MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS , District Judge . This action was referred to the Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court deny the Claimant's request for reversal or remand (ECF No. 21), grant the Defendant's request to affirm the decision...
MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS , District Judge . This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendations for disposition, pursuant to 28 U.S.C. 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court deny Plaintiff's request for judgment on the pleadings (ECF No. 9); grant the Commissioner's request for judgment on...
MEMORANDUM OPINION AND ORDER IRENE C. BERGER , District Judge . The Court has reviewed the Notice of Removal (Document 1), Defendant The Huntington National Bank's Partial Motion to Dismiss (Document 8), and the Memorandum of Law in Support of Defendant the Huntington National Bank's Partial Motion to Dismiss (Document 9). For the reasons stated herein, the Court finds that Defendant Chad Prather should be dismissed from this action and declines to rule on the partial motion to...
MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR. , Senior District Judge . Pending are (1) defendant Erie Insurance Property and Casualty Company's motion to dismiss, filed October 31, 2019, and (2) plaintiff Diana Moss's motion to amend the complaint, filed November 14, 2019. I. Background Defendant Erie Insurance Property and Casualty Company ("Erie") removed this case on May 24, 2019 after plaintiff, acting pro se , initiated this action, only against Erie, in the Circuit Court...
