MEMORANDUM OPINION [#1] RICHARD J. LEON, District Judge. Petitioner has filed a petition for a writ of habeas corpus. On consideration of the petition and the response to the Court's order to show cause, the petition is DENIED, and for the reasons discussed below, the action is DISMISSED. BACKGROUND On January 30, 2004 in the Superior Court of the District of Columbia, petitioner was sentenced to a five-year prison term followed by a three-year term of supervised release, which...
OPINION ROSEMARY M. COLLYER, District Judge. Joseph P. Lefrancois seeks a recharacterization of his discharge from the United States Marine Corps. Mr. Lefrancois enlisted in the Marine Corps Reserve in June of 1995, After two periods of Unauthorized Absence, the Marine Corps discharged him with an "Other than Honorable" discharge. He later petitioned the Naval Discharge Review Board (NDRB) and the Board for Correction of Naval Records (BCNR) for review of his discharge; both boards denied...
STIPULATION AND ORDER EXTENDING THE STAY PENDING FINAL DISPOSITION OF APPEAL FROM ORDER REGARDING COUNSEL ACCESS ROYCE C. LAMBERTH, Presiding Judge. The parties stipulate that the stay in this case, which is due to expire on December 10, 2012, should be extended until 30 days after the final disposition of the appeal from the recent ruling in In re: Guantanamo Bay Detainee Continued Access to Counsel, No. 1:12-mc-00398-RCL (D.D.C. Sept. 9, 2012) (ECF No. 32) (the "Counsel Access Case"). In...
MEMORANDUM OPINION ROYCE C. LAMBERTH, Chief Judge. Before the Court is defendant Patrick Baucum's Motion [95] to Reduce Sentence pursuant to 18 U.S.C. 3582(c)(2). Upon consideration of defendant's Motion [95], the Probation Office's memorandum [96], the government's Opposition [97], defendant's Reply [98], the entire record herein, the applicable law, and for the reasons set forth below, defendant's motion will be granted in part and denied in part. Defendant's term of imprisonment will be...
MEMORANDUM OPINION ROYCE C. LAMBERTH, Chief Judge. Before the Court is defendant Melquan Ali's Motion [33] to Reduce Sentence pursuant to 18 U.S.C. 3582(c)(2). Upon consideration of defendant's Motion [33], the Probation Office's memorandum [34], the government's Opposition [36], defendant's Reply [37], the government's Sur-Reply [38], the defendant's Response [39] to the Government's Sur-Reply, the entire record herein, the applicable law, and for the reasons set forth below, defendant's...
MEMORANDUM OPINION GLADYS KESSLER, District Judge. I. Background On December 9, 2010, Defendants were convicted under the Controlled Substances Import and Export Act, 21 U.S.C. 951 et seq., of conspiring, beginning in January 2005 and continuing at least to October 2005, to distribute five kilograms or more of cocaine with the intent or knowledge that the cocaine would be unlawfully imported into the United States. See Verdict Form as to Christian Fernando Borda [Dkt. No. 207];...
MEMORANDUM OPINION REGGIE B. WALTON, District Judge. The pro se plaintiff, Larry Klayman, brings this action against the defendants, Facebook, Inc. and its founder and CEO, Mark Zuckerberg, asserting claims of assault and negligence. See Complaint ("Compl.") 14-20. Currently before the Court are the Defendants' Motion to Dismiss ("Defs.' Mot.") and the Defendants' Motion to Transfer. Upon consideration of the parties' submissions, 1 the Court concludes, for the reasons stated below,...
MEMORANDUM OPINION JOHN D. BATES, District Judge. On September 28, 2012, the Food and Drug Administration ("FDA") decided that Ranbaxy Laboratories Limited ("Ranbaxy") had not forfeited its eligibility for 180-day exclusivity to market generic valsartan tablets. Because of this decision, plaintiffs Mylan Laboratories Limited and Mylan Pharmaceuticals, Inc. ("Mylan") are blocked from marketing their generic valsartan tablets. Mylan brings this action challenging FDA's decision under the...
MEMORANDUM OPINION ROYCE C. LAMBERTH, Chief Judge. Plaintiff Landmark Legal Foundation ("Landmark") has moved for a preliminary injunction compelling defendant Environmental Protection Agency ("EPA") to preserve certain records, expedite processing of Landmark's Freedom of Information Act ("FOIA") request, and produce certain records by 5 p.m. on December 24, 2012. Upon consideration of Landmark's Motion [14] for Preliminary Injunction and Request for Expedited Consideration, EPA's...
MEMORANDUM OPINION EMMET G. SULLIVAN, District Judge. Plaintiffs in this action are a non-profit organization devoted to government accountability and election reform, four members of the United States House of Representatives, and three individuals who allege they would have benefited from the DREAM Act. They bring this suit against representatives of the United States Senate seeking a declaratory judgment that Rule XXII (the "Cloture Rule" or the "Filibuster Rule") — which requires a vote...
MEMORANDUM OPINION JAMES E. BOASBERG, District Judge. In May 1993, three boys were murdered in West Memphis, Arkansas. Three men, subsequently knows as the "West Memphis Three," were ultimately convicted of the murders and sentenced to death or life in prison. Yet, after lengthy post-conviction proceedings, all were released from prison in 2011. The only one of the three initially sentenced to death was Damien Echols, who was represented in the collateral proceedings by Stephen L. Braga....
MEMORANDUM OPINION JOHN D. BATES, District Judge. Plaintiff EDF REsource Capital, Inc. ("EDF") seeks a temporary restraining order ("TRO") and a preliminary injunction against the U.S. Small Business Administration and Karen Mills, Administrator of SBA (collectively "defendants" or "SBA") enjoining defendants from enforcing their December 17, 2012 final agency decision revoking EDF's authority to participate in SBA's 504 loan program and permanently transferring EDF's loan portfolio to an...
MEMORANDUM OPINION EMMET G. SULLIVAN, District Judge. Plaintiffs, thirty-one civilian government contractor employees (and/or their surviving relatives), bring this purported class action against twenty-three defendants, which include United States government contractors (the "Contractor Defendants") and their insurance carriers (the "Insurer Defendants") (collectively, "Defendants"). 1 Plaintiffs allege violations of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 948a, the...
MEMORANDUM OPINION COLLEEN KOLLAR-KOTELLY, District Judge. Defendant Aleksander Aleksov was arrested on January 29, 2008 and charged with knowingly and willfully threatening to kill and inflict bodily harm upon President George W. Bush in violation of 18 U.S.C. 871. Compl., ECF No. [1]; Indictment, ECF No. [24]. After a competency evaluation, the Court found the Defendant not competent to stand trial. The Defendant was detained at the Federal Medical Center in Butner, North Carolina in...
OPINION ROSEMARY M. COLLYER, District Judge. Nadia Youkelsone once owned a two-family residence in Brooklyn, New York. After she failed to make mortgage payments, the mortgage holder, Federal National Mortgage Association, initiated foreclosure proceedings in September 2001. Years of litigation followed, with Ms. Youkelsone, an attorney, representing herself pro se. In this particular suit, Ms. Youkelsone complains that Washington Mutual Bank, which held the mortgage before Fannie Mae and...
MEMORANDUM OPINION BERYL A. HOWELL, District Judge. The plaintiffs Gregory Bowyer and Gerald Pennington are two African American firefighters in the District of Columbia who bring this action against the defendants District of Columbia ("the District"), Dennis L. Rubin, and Gary Palmer, Jr. under 42 U.S.C. 1983 and the District of Columbia Whistleblower Protection Act, D.C. Code 1-615.51, et seq. Common to all three of their claims is the plaintiffs' contention that the defendants...
MEMORANDUM OPINION JAMES E. BOASBERG, District Judge. Plaintiff George Angelich was a clinical psychologist with Defendant MedTrust, LLC, from 2009 until his dismissal in September 2011. Although his Complaint is somewhat unclear, Plaintiff's employment appears to have been terminated following an official investigation of some kind, though he was never informed of its nature or results. He thus brought this suit against MedTrust, alleging wrongful discharge, breach of contract, tortious...
MEMORANDUM OPINION REGGIE B. WALTON, District Judge. The plaintiffs brought suit against the Government of the District of Columbia to recover attorneys' fees incurred during administrative proceedings under the Individuals with Disabilities Education Act, 20 U.S.C. 1415 (2006) ("IDEA"). See Complaint ("Compl.") 4-11. On March 30, 2012, the Court granted in part and denied in part the plaintiffs' motion for summary judgment. Garvin v. Dist. of Columbia, 851 F.Supp.2d 101 , 103 (D....
MEMORANDUM OPINION JAMES E. BOASBERG, District Judge. In the latest chapter of pro se Petitioner Mark Watson's crusade against the Department of Labor's temporary 11-1B non-immigrant visa program, he seeks to resurrect the exact claims that have been previously rejected in numerous administrative and judicial fora. Magistrate Judge Deborah A. Robinson, having been referred the case from this Court, has issued a Report and Recommendation proposing to dismiss the case with prejudice on res...
MEMORANDUM OPINION JOHN D. BATES, District Judge. Kay and David Sieverding, proceeding pro se, have sued the United States Department of Justice ("DOJ" or "Department") alleging violations of the Privacy Act, 5 U.S.C. 552a et seq., and several other claims. In March 2012, the Court granted partial summary judgment to DOJ on the entirety of the Sieverdings' Privacy Act claims, and denied their cross-motion for partial summary judgment and array of miscellaneous claims. See Sieverding...
