PROPOSED FINDINGS AND RECOMMENDATIONS CHERYL A. EIFERT, Magistrate Judge. On January 31, 2013, Plaintiff Christopher Chafin ("Chafin"), proceeding pro se, filed the instant action pursuant to 42 U.S.C. 1983, alleging that he was the victim of physical abuse, verbal abuse, and false disciplinary charges while incarcerated at the Western Regional Jail in Barboursville, West Virginia. Chafin requested money damages and an early release from custody. (ECF No. 2). This matter is assigned to...
MEMORANDUM OPINION AND ORDER DAVID A. FABER, Senior District Judge. Pending before the court is defendant's motion to continue the trial and plea hearing in this matter. (Doc. No. 26). In support of defendant's motion, counsel for the defendant states that he has a previously scheduled medical appointment that conflicts with the trial and plea hearing that are currently scheduled. Defendant requests a continuance of approximately thirty days. Counsel for the government does not oppose the...
PROPOSED FINDINGS AND RECOMMENDATION R. CLARKE VANDERVORT, Magistrate Judge. Pending before the Court is Petitioner's Motion for Voluntary Dismissal (Document No. 9.), filed on November 25, 2014. Having thoroughly considered the Motion, the undersigned concludes that Plaintiff's Motion (Document No. 9.) should be denied and his Petition should with be dismissed with prejudice. FACTUAL AND PROCEDURAL BACKGROUND On October 25, 2011, Petitioner, acting pro se, filed his Application Under...
SUPERVISED RELEASE REVOCATION AND JUDGMENT ORDER MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, Jr., District Judge. On December 18, 2014, the United States of America appeared by John J. Frail, Assistant United States Attorney, and the defendant, Billy G. Reed, appeared in person and by his counsel, David R. Bungard, Assistant Federal Public Defender, for a hearing on the petition on supervised release and amendment thereto submitted by Senior United States Probation Officer Douglas W....
ORDER THOMAS E. JOHNSTON, District Judge. On July 8, 2014, Movant Lamont Van Harris filed a pro se letter-form motion to set aside his conviction under 28 U.S.C. 2255 and requesting a 2255 motion form [ECF 130]. By Standing Order entered on May 7, 2014, Movant's motion was referred to Magistrate Judge Cheryl A. Eifert on July 14, 2014, for the submission of proposed findings of fact and a recommendation for disposition. On August 6, 2014, Magistrate Judge Eifert Court ordered the Clerk...
MEMORANDUM OPINION AND ORDER THOMAS E. JOHNSTON, District Judge. Pending is Plaintiffs' Motion to Strike Defendants' Answers and Enter Default Judgment, or, in the Alternative, Summary Judgment [ECF 24 & 25]. 1 I. BACKGROUND This action arises from Defendants' alleged failure to pay all of their worker's compensation insurance policy premiums to Plaintiffs. On November 26, 2013, Plaintiff Commerce and Industry Insurance Company ("Commerce and Industry") filed a Complaint in case number 2:...
MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS, Chief Judge. Pending before the Court are the following motions: Plaintiffs' Motion in Limine No. 1 (ECF No. 119), Plaintiffs' Motion in Limine No. 2 (ECF No. 120), Plaintiffs' Motion in Limine No. 4 (ECF No. 121), Plaintiffs' Motion in Limine No. 5 (ECF NO. 122), Plaintiffs' Motion in Limine No. 6 (ECF No. 123), the Government's Motion for Partial Summary Judgment (ECF No. 124), Plaintiffs' Motion for Partial Summary Judgment on the...
MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN, District Judge. Pending before the court is the Defendant's Motion for Summary Judgment [Docket 78]. For the reasons set forth below, the motion is GRANTED. I. Background Only a short summary of the pertinent facts is necessary for this opinion. This case arises out of an accident that occurred on October 8, 2012. Plaintiff Kenneth Bevins was employed as a rock truck driver for the defendant, Apogee Coal Company, LLC ("Apogee"). On the day...
MEMORANDUM OPINION AND ORDER CHERYL A. EIFERT, Magistrate Judge. Pending before the court is Boston Scientific's Emergency Motion to Compel Glenda S. Zumstein to Appear for Physical Examination. (ECF No. 23). Plaintiff responded in opposition to the motion. (ECF No. 27). On Monday, December 15, 2014, the court held a telephonic hearing, during which the parties appeared by counsel. After considering the arguments of counsel, the court GRANTS the motion to compel and ORDERS Plaintiff to...
MEMORANDUM OPINION AND ORDER THOMAS E. JOHNSTON, District Judge. Before the Court is Petitioner Deborah Joyce's Motion to Vacate, Set Aside or Correct Sentence filed pursuant to 28 U.S.C. 2255 ( 2255 motion) [ECF 66] and Motion for Appointment of Counsel [ECF 70]. By Standing Order entered April 8, 2013, and filed in this case on May, 20, 2013, this action was referred to Magistrate Judge Dwane L. Tinsley for submission of proposed findings and a recommendation for disposition (PF&R). On...
MEMORANDUM OPINION AND ORDER THOMAS E. JOHNSTON, District Judge. Movant Jerry Dismukes, acting pro se, filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255 [ECF 142]. By Standing Order entered September 2, 2010, and filed in this case on March 12, 2012, this case was referred to United States Magistrate Judge Mary E. Stanley for submission of proposed findings and a recommendation ("PF&R"). On July 31, 2012, Magistrate Judge Stanley issued a PF&R...
MEMORANDUM OPINION AND ORDER R. CLARKE VanDERVORT, Magistrate Judge. Pending before the Court is Defendants, Ramey Motors, Inc., B & R Enterprises, Inc., and James C. Ramey, Sr.'s Motion to Quash Subpoena on Tetrick & Bartlett, PLLC and Memorandum of Law in Support. (Document Nos. 104-05.) Tetrick & Bartlett is not a party to the instant action but is the outside certified public accounting and consulting firm for Defendant Ramey Motors, Inc., and prepares all of Defendants' financial...
MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS, Chief District Judge. Pending before the Court are the following motions: CMH Homes, Inc. and Vanderbilt Mortgage and Finance, Inc.'s Motion to Exclude the Plaintiffs' Designated Expert (ECF No. 179), CMH Homes, Inc.'s Motion to Strike New Arguments or Motion for Leave to File Surreply (ECF No. 210), Bob's Home Services, LLC's Motion in Limine to Exclude Testimony Regarding the Number of Lag Bolts Used (ECF No. 234), Bob's Home Services, LLC'...
MEMORANDUM OPINION & ORDER JOHN T. COPENHAVER, Jr., District Judge. The dispute in this case arises out of the administration of the November 4, 2014 election, and in particular the provision of absentee ballots to certain overseas citizens and uniformed service members. For reasons that are more fully described below, thirty absentee voters in the 35th House of Delegates District were provided with two separate absentee ballots — an original ballot, and, later, a corrected ballot — in the...
MEMORANDUM OPINION AND ORDER IRENE C. BERGER, District Judge. The Court has reviewed the Motion of Vanderbilt Mortgage and Finance, Inc. to Withdraw Reference (Document 1) and Memorandum of Law in Support (Document 2), the Plaintiffs' Response in Opposition to Defendant's Motion to Withdraw the Reference (Document 3), as well as the Defendant's Reply to "Plaintiffs' Response in Opposition to Defendant's Motion to Withdraw the Reference" (Document 5). The Court has also reviewed the...
MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS, Chief Judge. Pending before the Court is the United States' Motion to Strike Claimant [William] Petties' Answer for Failure to Comply with Supplemental Rule G(5). ECF No. 9.Mr. Petties has not responded to the motion and the time to file such response has expired. Upon consideration, and for the following reasons, the Court GRANTS the motion and STRIKES Mr. Petties' Answer. After nearly a year-long investigation into a drug-trafficking...
MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, Jr., Judge. Pending is the United States' renewed motion for revocation of order releasing defendant Joshua Mark Taylor on bond, filed November 26, 2014. I. On March 23, 2014, Mr. Taylor was placed on state bond. The bond contains 16 terms and conditions. He was later indicted in the Circuit Court of Fayette County in September 2014. The 19-count state indictment alleges the following offenses: (1) kidnapping in violation of W. Va. Code 61-...
MEMORANDUM OPINION AND ORDER THOMAS E. JOHNSTON, District Judge. Movant Jerry Dismukes, acting pro se, filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255 [ECF 142]. By Standing Order entered September 2, 2010, and filed in this case on March 12, 2012, this case was referred to United States Magistrate Judge Mary E. Stanley for submission of proposed findings and a recommendation ("PF&R"). On July 31, 2012, Magistrate Judge Stanley issued a PF&R...
MEMORANDUM OPINION AND ORDER THOMAS E. JOHNSTON, District Judge. Pending is Defendant Gary Dale Spurlock's motion to suppress [ECF 26]. For the reasons that follow, the Court DENIES the motion. I. BACKGROUND A. Factual Background The following facts, unless otherwise noted in this opinion, are not in dispute and are derived from the evidence and proffers produced at Defendant's pre-trial motions hearing and in the parties' filings and the various exhibits attached thereto. On December...
MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS, District Judge. Pending before the Court are a number of motions by the parties, including: Defendant TriCamp Capital, LLC's Motions to Dismiss (ECF No. 5); Plaintiff Mid South Carbon Corporation's Motion to Remand Case to State Court (ECF No. 11); Defendant TriCamp Capital, LLC's Motion to Stay (ECF No. 16); and Plaintiff Mid South Carbon Corporation's Motion to Strike All or Portions of the Second Affidavit of Samuel Murray, Jr. and All or...
