PROPOSED FINDINGS AND RECOMMENDATION OMAR J. ABOULHOSN , District Judge . Pending before the Court are the following: (1) Petitioner's Motion for Preliminary Injunction (Document No. 18), filed on June 27, 2017; and (2) Respondents' Motion to Dismiss (Document No. 24), filed on June 13, 2017. By Order entered on June 2, 2017, the above case was referred to the undersigned United States Magistrate Judge for submission of proposed findings of fact and a recommendation for deposition...
MEMORANDUM OPINION AND ORDER DAVID A. FABER , District Judge . Before the court are nine (9) motions to continue the trial date set for January 3, 2018. ECF Nos. 406, 409, 412, 418, 419, 420, 434, 435, 437. In each motion, counsel for defendants seek additional time to review the government's Third, Fourth, Fifth, and Sixth Supplemental Response to Standard Discovery Requests. See ECF Nos. 402, 403, 407, 408. At a hearing, the government and counsel for each defendant that has not...
PROPOSED FINDINGS AND RECOMMENDATION OMAR J. ABOULHOSN , Magistrate Judge . Pending before the Court is Defendant's Motion to Dismiss and Memorandum in support. (Document Nos. 17 and 18.) By Standing Order entered on March 9, 2017, this matter was referred to the undersigned United States Magistrate Judge for the submission of proposed findings of fact and a recommendation for disposition pursuant to 28 U.S.C. 636(b)(1)(B). (Document No. 2.) Having examined the Complaint and...
PROPOSED FINDINGS AND RECOMMENDATION DWANE L. TINSLEY , Magistrate Judge . This matter is assigned to the Honorable John T. Copenhaver Jr., United States District Judge, and it is referred to the undersigned United States Magistrate Judge for submission of proposed findings and a recommendation for disposition, pursuant to 28 U.S.C. 636(b)(1)(B). Pending before the court is defendant Charles Legg's Motion to Set Aside Entry of Default (ECF No. 24), as well as the plaintiff's Request for...
MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . In Bluefield, on December 12, 2017, came the defendant Dominic J. Copney, in person and by counsel, Derrick W. Lefler, 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 the Information charging him with conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine, also known as "coke"...
PROPOSED FINDINGS AND RECOMMENDATION OMAR J. ABOULHOSN , Magistrate Judge . Pending before the Court is the issue as to whether Plaintiff has failed to prosecute this civil action. For the reasons explained below, the undersigned respectfully recommends that the District Court dismiss this action without prejudice and deny Defendant's pending Motion for Summary Judgment as moot. PROCEDURE AND FACTS On April 18, 2017, Plaintiff, acting pro se, 1 filed his "Claim for Damage, Injury,...
PROPOSED FINDINGS AND RECOMMENDATIONS CHERYL A. EIFERT , Magistrate Judge . Pending before the Court is Movant Thomas Jerecki's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. 2255, (ECF No. 90), and his request to hold his 2255 motion in abeyance. (ECF No. 91). This matter is assigned to the Honorable Thomas E. Johnston, United States District Judge, and by Standing Order has been referred to the undersigned United States...
MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR. , District Judge . Pending are four motions: (1) plaintiff R. Alexander Acosta's, Secretary of Labor, United States Department of Labor, (the "Secretary") motion to exclude the expert report and testimony of Donald Nestor ("Mr. Nestor"), filed June 16, 2017; (2) the Secretary's motion to exclude the expert report and testimony of Kevin A. Highlander ("Mr. Highlander"), filed October 5, 2017; (3) the Secretary's motion for partial...
MEMORANDUM OPINION AND ORDER THOMAS E. JOHNSTON , District Judge . Petitioner Lamont Van Harris, acting pro se, filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255. (ECF No. 142.) By Standing Order entered May 7, 2014, (ECF No. 143), this case was referred to United States Magistrate Judge Cheryl A. Eifert for submission of proposed findings of fact and a recommendation for disposition ("PF&R"). On February 3, 2017, Magistrate Judge Eifert issued a...
PROPOSED FINDINGS AND RECOMMENDATIONS CHERYL A. EIFERT , Magistrate Judge . Pending before the Court is Movant Nathan Locur Smith's pro se Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. 2255, (ECF No. 797), and Respondent's motion to hold the deadline to file a response to the 2255 motion in abeyance, (ECF No. 804). This matter is assigned to the Honorable Thomas E. Johnston, United States District Judge, and by Standing Order...
PROPOSED FINDINGS AND RECOMMENDATIONS CHERYL A. EIFERT , Magistrate Judge . Pending before the Court is Movant Eric Eugene Robinson's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. 2255, (ECF No. 77), and Respondent's motion and amended motion to hold the deadline to file a response to the 2255 motion in abeyance, (ECF Nos. 85, 86). This matter is assigned to the Honorable Thomas E. Johnston, United States District Judge, and by...
MEMORANDUM OPINION AND ORDER THOMAS E. JOHNSTON , District Judge . Pending before the Court is Petitioner Nathan Smith's Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (the "Section 2255 Motion"). (ECF No. 797.) On June 27, 2017, this action was referred to United States Magistrate Judge Cheryl A. Eifert for submission of proposed findings of fact and recommendations for disposition ("PF&R"). Magistrate Judge Eifert filed her PF&R on...
MEMORANDUM OPINION AND ORDER THOMAS E. JOHNSTON , District Judge . Pending before the Court is Petitioner Eric Eugene Robinson's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. 2255. (ECF No. 77.) By Standing Order entered on June 14, 2016, and filed in this case on June 23, 2016, this action was referred to United States Magistrate Judge Cheryl A. Eifert for submission of proposed findings and a recommendation for disposition ("PF&R")...
MEMORANDUM OPINION AND ORDER THOMAS E. JOHNSTON , District Judge . Pending before the Court is Defendant Nationwide General Insurance Company's ("Nationwide") Motion to Dismiss. 1 (ECF No. 5.) For the following reasons, this Court GRANTS IN PART and DENIES IN PART the motion. Further, the Court DISMISSES Count I of the Complaint; DISMISSES IN PART Count II of the Complaint insofar as it alleges claims of bad faith and breach of good faith and fair dealing relating to Nationwide's...
MEMORANDUM OPINION AND ORDER THOMAS E. JOHNSTON , District Judge . Pending before the Court is Defendant Amerihome Mortgage Company, LLC's ("Amerihome"), Motion to Dismiss, (ECF No. 3). For the following reasons, Amerihome's motion is GRANTED IN PART and DENIED IN PART. I. BACKGROUND On October 21, 2014, Plaintiffs, Amanda and Nicholas Hanson ("the Hansons"), entered into a home mortgage loan for $194,200 with Victorian Finance, LLC to purchase a home in Fayetteville, West Virginia....
MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . In Bluefield, on December 5, 2017, came the defendant Cory Lee Callen, in person and by counsel, Debra A. Kilgore, Esquire, and came the United States by R. Gregory McVey, Assistant United States Attorney, for the purpose of considering the defendant's plea of guilty to the single count Indictment charging him possession of a firearm by a convicted felon in violation of Title 18 United States Code Section 922(g)(1) and...
MEMORANDUM OPINION AND ORDER IRENE C. BERGER , District Judge . This case involves allegations by a former inmate at FCI-Beckley against several staff members. The Defendants have filed individual motions for summary judgment, which the Court will address in a single opinion. The Court has reviewed the following motions: Defendant Dr. AnnElizabeth Card's Motion for Summary Judgment on Qualified Immunity (Document 179) 1 and the supporting memorandum (Document 180), Defendant Donald...
MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS , District Judge . Pending before the Court is Plaintiffs' Motion for Relief Related to Ford's Discovery Misconduct. ECF No. 995. In their motion, Plaintiffs argue this Court should sanction Defendant Ford Motor Company for conduct related to the production and protection of source code during discovery. The matter being fully briefed, the Court GRANTS, in part, and DENIES, in part, Plaintiffs' motion. 1 I. BACKGROUND Since January...
ORDER JOHN T. COPENHAVER, JR. , District Judge . The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Omar J. Aboulhosn, entered on November 22, 2017; and the magistrate judge having recommended that the court deny the plaintiff's request for judgment on the pleadings, grant the defendant's request to affirm the decision of the Commissioner, and affirm the final decision of the Commissioner; and no objection having been filed to the Proposed...
MEMORANDUM OPINION AND ORDER THOMAS E. JOHNSTON , District Judge . Before the Court are objections to the Presentence Investigation Report ("PSR") in this case filed by both Defendant and the Government. (ECF Nos. 894, 907.) The Court heard arguments from the parties during a hearing held on December 8, 2017. For the reasons provided herein, the Court DEFERS ruling on Defendant's objection as to the inclusion of the mandatory minimum sentences pursuant to 18 U.S.C. 924(c) for his...
