CONSENT ORDER JULIE A. RICHARDS, District Judge. The United States of America ("United States"), by and through the United States Attorney's Office for the Eastern District of North Carolina, and the Defendant, Carl Davis, with the concurrence of the Defendant's Attorney, H. Gerald Beaver, have agreed to the following: 1. That the United States and Defendant, through counsel, entered into a Memorandum of Plea Agreement and the same was filed in open court on June 10, 2014. 2. That the...
MEMORANDUM & RECOMMENDATION KIMBERLY A. SWANK, Magistrate Judge. This matter is before the court on the parties' cross motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. Cheryl Ann Caldwell ("Plaintiff") filed this action pursuant to 42 U.S.C. 405(g) seeking judicial review of the denial of her application for a period of disability and Disability Insurance Benefits ("DIB"). The time for filing responsive briefs has expired, and the pending...
MEMORANDUM AND RECOMMENDATION KIMBERLY A. SWANK, Magistrate Judge. This matter is before the court on the parties' cross motions for judgment on the pleadings [DE-23 & DE-27] pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. Plaintiff Charlene Hill ("Claimant") filed this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3) seeking judicial review of the denial of her applications for a period of disability, disability insurance benefits ("DIB") and supplemental security income...
MEMORANDUM AND RECOMMENDATION JAMES E. GATES, Magistrate Judge. In this action, plaintiff Pamela Allen Gammons ("plaintiff' or, in context, "claimant") challenges the final decision of defendant Acting Commissioner of Social Security Carolyn W. Colvin ("Commissioner") denying her application for a period of disability and disability insurance benefits ("DIB") and supplemental security income ("SSI") on the grounds that she is not disabled. 1 The case is before the court on the respective...
MEMORANDUM & RECOMMENDATION KIMBERLY A. SWANK, Magistrate Judge. This matter is before the court on the parties' cross motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. Timothy VanBuren ("Plaintiff") filed this action pursuant to 42 U.S.C. 405(g), 1383(c)(3) seeking judicial review of the denial of his application for a period of disability and Disability Insurance Benefits ("DIB"). Plaintiff responded to Defendant's motion and the time...
MEMORANDUM AND RECOMMENDATION ROBERT T. NUMBERTS, II, District Judge. This matter is before the court on the parties' cross-Motions for Judgment on the Pleadings (D.E. 18, 19) to determine whether substantial evidence supports an administrative law judge's ("ALJ") decision that Plaintiff was not disabled under sections 216(i) and 223(d) of the Social Security Act ("the Act"). The time for filing any responses or replies has expired and the motions are now ripe for adjudication. Pursuant to 28...
MEMORANDUM AND RECOMMENDATION ROBERT B. JONES, Jr., Magistrate Judge. This matter is before the court on the parties' cross motions for judgment on the pleadings [DE-23, DE-25] pursuant to Fed. R. Civ. P. 12(c). Claimant Michael L. Cromwell ("Claimant") filed this action pursuant to 42 U.S.C. 405(g), 1383(c)(3) seeking judicial review of the denial of his application for a period of disability and Disability Insurance Benefits ("DIB"). The time for filing responsive briefs has expired and...
MEMORANDUM RECOMMENDATION KIMBERLY A. SWANK, Magistrate Judge. This matter is before the court on the parties' cross motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. Rudolph Williams ("Plaintiff") filed this action pursuant to 42 U.S.C. 405(g), 1383(c)(3) seeking judicial review of the denial of his application for a period of disability, Disability Insurance Benefits ("DIB"), and Supplemental Security Income ("SSI"). The time for filing...
MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE L. PATRICK AULD, Magistrate Judge. Petitioner, a prisoner of the State of North Carolina, seeks a writ of habeas corpus pursuant to 28 U.S.C. 2254. (Docket Entry 2.) On August 4, 2011, a jury in the Superior Court of Randolph County found Petitioner guilty of perpetrating a hoax by use of a false bomb in case 10CRS51743. (Docket Entry 2, 1, 2, 4-6; see also Docket Entry 6-3 at 11 (verdict).) On that same...
ORDER KIMBERLY A. SWANK, Magistrate Judge. 1. The United States of America, by and through the United States Attorney for the Eastern District of North Carolina has moved the Court to dismiss the above-captioned matter without prejudice. 2. After due consideration, the Court hereby ALLOWS the Motion to Dismiss Without Prejudice. 3. The Court finds that the dismissal without prejudice is in the best interest of justice. So ORDERED.
ORDER ROBERT B. JONES, Jr., Magistrate Judge. 1. The United States of America, by and through the United States Attorney for the Eastern District of North Carolina has moved the Court to dismiss the above-captioned matter without prejudice. 2. After due consideration, the Court hereby ALLOWS the Motion to Dismiss Without Prejudice. 3. The Court finds that the dismissal without prejudice is in the best interest of justice. So ORDERED.
ORDER TERRENCE W. BOYLE, District Judge. Having examined petitioner's motion pursuant to Rule 4(b) of the Rules Governing 2255 Proceedings, the United States Attorney is DIRECTED to file an Answer pursuant to Rule 5, Rules Governing 2255 Proceedings, or to make such other response as appropriate to the above-captioned 2255 Motion to Vacate, Set Aside or Correct Sentence, within forty (40) days of the filing of this order. The court finds that the motions to vacate under 2255 relate...
ORDER TERRENCE W. BOYLE, District Judge. Having examined petitioner's motion pursuant to Rule 4(b) of the Rules Governing 2255 Proceedings, the United States Attorney is DIRECTED to file an Answer pursuant to Rule 5, Rules Governing 2255 Proceedings, or to make such other response as appropriate to the above-captioned 2255 Motion to Vacate, Set Aside or Correct Sentence, within forty (40) days of the filing of this order. The court finds that the motions to vacate under 2255 relate...
ORDER JAMES C. DEVER, III, Chief District Judge. On November 26, 2012, Re/Max ("Remax"), a real estate brokerage firm, sued M.L. Jones & Associates and Matthew Jones d/b/a FavoriteAgent.com ("defendants") alleging: (1) trademark infringement under federal law; (2) unfair competition under federal law; (3) unfair and deceptive trade practices under North Carolina law; and (4) trademark infringement and unfair competition under North Carolina law. Compl. [D.E. 1] 23-41. On June 13, 2013,...
MEMORANDUM OPINION AND ORDER OSTEEN, JR. , District Judge . Presently before this court is a Motion for Summary Judgment (Doc. 8) filed jointly by Defendants Lanna Chandrasuwan and Brian Holbrook (collectively, "Defendants"). Plaintiff Stanley Jones ("Plaintiff") has responded in opposition (Doc. 13), and Defendants have replied (Doc. 15). Plaintiff alleges damages under two causes of action: a state law malicious prosecution claim (Count I) and a claim under 42 U.S.C. 1983 for...
ORDER LOUISE WOOD FLANAGAN, District Judge. THIS MATTER COMING before the Court on the Defendant's motion to seal the sentencing memorandum, the Court finds that good cause exists to allow the motion, and therefore, the Defendant's motion is ALLOWED. SO ORDERED.
ORDER LOUISE W. FLANAGAN, District Judge. This matter comes before the court on the parties' cross motions for judgment on the pleadings (DE 28, 33). Pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge James E. Gates issued a memorandum and recommendation ("M&R"), wherein it is recommended that the court deny plaintiff's motion, grant defendant's motion, and affirm defendant's final decision. Plaintiff timely filed objections to the M&R...
ORDER JAMES C. DEVER, III, Chief District Judge. On November 14, 2014, plaintiff filed a motion for leave to file a second amended complaint [D.E.24]. The motion [D.E.24] is GRANTED. See Fed. R. Civ. P. 15(a)(2). The second amended complaint is due no later than January 9, 2015. Defendants may respond to the second amended compliant in accordance with the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 15(a)(3). Defendants' motion for judgment on the pleadings [D.E. 22] is DISMISSED as...
ORDER TERRENCE W. BOYLE, District Judge. This matter is before the Court on plaintiffs motion for preliminary injunction [DE 34] and defendants' motion to seal their amended memorandum in opposition [DE 56]. A hearing was held before the undersigned in Raleigh, North Carolina, on October 27, 2014, after which the Court ordered the parties to further brief the motion for preliminary injunction. [DE 49]. The parties have submitted their supplemental briefs and the matter is now ripe for ruling....
ORDER JAMES C. FOX, Senior District Judge. This matter is before the court on Defendant Bradley Campbell's Motion to Dismiss [DE-41], which specifically attacks Counts One and Two of the superseding indictment. The issues have been fully briefed and the matter is now ripe for ruling. For the reasons stated herein, Campbell's motion is DISMISSED in part and DENIED in part. RELEVANT BACKGROUND Campbell was originally charged in a three-count indictment on May 27, 2014. See Indictment [DE-l]....
