ORDER W. EARL BRITT , District Judge . This matter is before the court on defendant's pro se "motion for judicial review," in which defendant requests that the court reduce his sentence based on his successful completion of various programs and classes within the Bureau of Prisons. (DE #51.) While the court commends defendant on his positive achievements while incarcerated, the court does not have the authority to modify a sentence of imprisonment except under limited circumstances not...
ORDER ROBERT T. NUMBERS, II , Magistrate Judge . This matter is before the Court on plaintiff's Motion for Summary Judgment and defendant's Motion for Remand to the Commissioner. Plaintiff's counsel consented to the defendant's Motion for Remand. Accordingly, for good cause shown, the Court hereby reverses the Commissioner's decision under sentence four of 42 U.S.C. 405(g) and remands the case to the Commissioner for further proceedings. See Shalala v. Schaefer , 509 U.S. 292 (1993);...
ORDER TO SEAL INDICTMENT KIMBERLY A. SWANK , District Judge . Upon motion of the' United States, it is hereby ORDERED that the Indictment in the above-captioned, case, returned by the Federal Grand Jury on December 12, 2017 , be sealed. It is FURTHER ORDERED that the Clerk may temporarily unseal the Indictment for the purposes of issuing, an arrest warrant for the defendant and to provide copies of the indictment to the United States Attorney and the United States Probation Office. It...
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOE L. WEBSTER , Magistrate Judge . This matter is before the Court on Plaintiff Chris Fordham's ("Plaintiff") motion entitled, "Plaintiff's contemporaneously submitted motion to alter/amend, (per Rule 59) vacate/aside (per Rule 60) the USDC-DJ's 3/22/2017 Order granting summary judgment to Defendants C. Ransom, N. Leakez." (Docket Entry 87.) Also before the Court is Plaintiff's motion entitled, "Plaintiff's...
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE L. PATRICK AULD , Magistrate Judge . Petitioner, a federal prisoner, submitted a document entitled "Motion to Amend the Judgment" (Docket Entry 20). In it he seeks to attack the conviction or sentence he received in this Court by claiming that the Court did not have jurisdiction over his crimes and asking that his Judgment and indictment be dismissed. The document he filed is not a recognizable method for attacking his sentence....
ORDER LOUISE W. FLANAGAN , District Judge . Upon motion of the United States, it is hereby ORDERED that the above-referenced case be sealed until further action is requested from the Government.
Order ROBERT T. NUMBERS, II , Magistrate Judge . On December 29, 2017, the court was scheduled to hold a hearing on the United States' motion seeking the defendant's detention pending trial. Defense counsel has informed the court that the defendant wishes to waive the detention hearing. The defendant executed a written waiver that confirms defense counsel's representation to the court. The court has questioned the defendant and determined that the defendant's waiver of the detention...
ORDER JAMES C. DEVER, III , District Judge . On April 28, 2017, Josephine Cole Williams ("Williams" or "plaintiff") filed a pro se complaint against the North Carolina Administrative Office of the Courts, Sara Beth Fulford Rhodes, Clerk of Superior Court for Pitt County ("Rhodes"), and Katheryn Watson, Assistant Clerk of Superior Court for Pitt County ("Watson") (collectively "defendants") seeking relief under the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12101-12213. See...
ORDER JAMES C. DEVER, III , Chief District Judge . THIS CAUSE came on to be heard and was heard upon the Defendant's Motion to Seal Docket Entry No. 37. The Court is of the opinion that this motion should be allowed in the interest of justice. IT IS, THEREFORE ORDERED that the requested document to be sealed and be filed under seal.
ORDER JAMES C. DEVER, III , Chief District Judge . Plaintiffs counsel filed a motion for approval of attorney's fees under section 206(b) of the Social Security Act, 42 U.S.C. 406(b), in the amount of$10,826.50. Attorney's fees under section 206(b) are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. 406(b). Plaintiff has previously been awarded attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, in the amount of$5.700.00 (ECF No. 39)....
ORDER FOR PAYMENT OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT JAMES C. DEVER, III , District Judge . Upon application of Plaintiff, and with no objection by Defendant, it is ORDERED that Defendant pay to Plaintiff the sum of $3,920.00 in attorney fees, in full satisfaction of any and all claims arising under the Equal Access to Justice Act, 28 U.S.C. 2412(d). SO ORDERED.
ORDER TO SEAL JAMES C. DEVER, III , District Judge . Upon motion of the United States, it is hereby ORDERED Docket Entry Number 30 and its accompanying order be sealed until such time as requested to be unsealed by the United States Attorney. It is FURTHER ORDERED that the Clerk provide a filed copy of the Motion and a signed copy of the Order to the United States Attorney's Office. IT IS SO ORDERED.
MEMORANDUM OPINION AND ORDER CATHERINE C. EAGLES , District Judge . This matter is before the Court on the plaintiff's motion for an extension of time to complete discovery. Doc. 53. On December 14, 2017, the Magistrate Judge entered a text order granting the plaintiff's motion for extension. The defendant Duke University objects to the Magistrate Judge's order. Doc. 56. Because the plaintiff has not shown good cause for the extension of the discovery period and has not acted with due...
ORDER JAMES C. DEVER, III , Chief District Judge . On June 29, 2016, New Hampshire Insurance Company ("NHIC" or "plaintiff'), as subrogee of Sanctuary LLC, sued Bennett Brothers Yachts, Inc. ("Bennett Brothers" or "defendant") for breach of contract, breach of implied warranty of workmanlike performance, and negligence. See Compl. [D.E.1]. On September 18, 2017, Bennett Brothers moved for summary judgment [D.E. 20] and filed a supporting memorandum [D.E. 21]. On October 23, 2017, NHIC...
ORDER TERRENCE W. BOYLE , District Judge . On May 30, 2017, defendant, Ronnie Thompson, pleaded guilty pursuant to a plea agreement to counts one and four of the superseding indictment charging him with conspiracy to violate the Animal Welfare Act in violation of 18 U.S.C. 371 and 7 U.S.C. 2156 and sponsoring and exhibiting an animal in an animal fighting venture in violation of 7 U.S.C. 2156(a)(1). Prior to sentencing, the government moved for an upward departure and/or variance...
ORDER (Under Seal) JAMES C. DEVER, III , Chief District Judge . Upon motion of the United States, it is hereby ORDERED Docket Entry Number 366 be sealed until such time as requested to be unsealed by the United States Attorney. It is FURTHER ORDERED that the Clerk provide a signed copy of the Order to the United States Attorney's Office. IT IS SO ORDERED.
JAMES C. DEVER, III , Chief District Judge . On October 18, 2013, the above named was released from prison and commenced a term of supervised release for a period of 60 months. The offender has complied with the rules and regulations of supervised release and is no longer in need of supervision. It is accordingly recommended that the offender be discharged from supervision. Reviewed and approved, I declare under penalty of perjury that the foregoing is true and correct. /...
Order ROBERT T. NUMBERS, II , Magistrate Judge . On December 28, 2017, the court was scheduled to hold a hearing on the United States' motion seeking the defendant's detention pending trial. Defense counsel has informed the court that the defendant wishes to waive the detention hearing. The defendant executed a written waiver that confirms defense counsel's representation to the court. The court has questioned the defendant and determined that the defendant's waiver of the detention...
Order ROBERT T. NUMBERS, II , Magistrate Judge . On December 28, 2017, the court was scheduled to hold a hearing on the United States' motion seeking the defendant's detention pending trial. Defense counsel has informed the court that the defendant wishes to waive the detention hearing. The defendant executed a written waiver that confirms defense counsel's representation to the court. The court has questioned the defendant and determined that the defendant's waiver of the detention...
ORDER W. EARL BRITT , Senior District Judge . This matter is before the court on the government's three motions in limine. (DE ## 30, 31, 37.) Defendant has not filed a response to any motion, and the time within which to do so has expired. For the reasons stated in the motions, the motions are ALLOWED.
