MEMORANDUM AND RECOMMENDATION JAMES E. GATES , Magistrate Judge . In this action, plaintiff Charlie Locklear ("plaintiff" or, in context, "claimant") challenges the final decision of defendant Commissioner of Social Security Andrew Saul ("Commissioner") denying his application for Supplemental Security Income ("SSI") on the grounds that he is not disabled. The case is before the court on the parties' motions for judgment on the pleadings. D.E. 15, 17. Both filed memoranda in support of...
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOE L. WEBSTER , Magistrate Judge . This matter comes before the Court upon Plaintiff Antonio Levon Turrentine's Motion for Partial Judgment by Default. (Docket Entry 32.) Also before the Court is Defendants "Durham Police Department Chief of Police `Lopez'," ("Lopez"), Inv. J. Valle-Avelares ("Valle-Avelares") and Inv. Honeycutt's ("Honeycutt") (hereinafter collectively "Moving Defendants") Motion to Set Aside Entry...
MEMORANDUM AND RECOMMENDATION JAMES E. GATES , Magistrate Judge . In this action, plaintiff Sheila Robertson ("plaintiff" or, in context, "claimant") challenges the final decision of defendant Commissioner of Social Security Andrew M. Saul ("Commissioner") denying her application for a period of disability and disability insurance benefits ("DIB") on the grounds that she is not disabled. The case is before the court on the parties' motions for judgment on the pleadings. D.E. 28, 29. Both...
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOE L. WEBSTER , Magistrate Judge . Petitioner in this action brings a motion (Case No. 1:98cr155-1, Docket Entry 40; Case No. 1:98cr156-1, Docket Entry 75; Case No. 1:98cr157-1, Docket Entry 78) to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. In January of 1999, Petitioner pled guilty to (1) bank robbery and armed bank robbery, in case number 1:98cr155-1, (2) bank robbery and armed bank robbery, in case...
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE L. PATRICK AULD , Magistrate Judge . Petitioner, a federal prisoner, submitted a Motion (Docket Entry 54) purportedly seeking to amend his Presentence Report. In it he seeks to attack the conviction or sentence he received in this Court and claims that his sentence violates his constitutional rights. The document he filed is not a recognizable method for achieving this goal. Instead, the proper avenue for such an attack is...
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOE L. WEBSTER , Magistrate Judge . Petitioner has filed a motion (Docket Entry 216) to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. In 2016, Petitioner pled guilty, pursuant to a plea agreement, to conspiracy to distribute cocaine hydrochloride and was sentenced to 98 months of imprisonment. (Docket Entries 1, 74, 79, 30; Minute Entries 1/20/2016 and 5/19/2016.) Petitioner's appeal was unsuccessful. United...
ORDER TO SEAL INDICTMENT ROBERT T. NUMBERS, II , Magistrate 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 19, 2019, 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, the Federal Bureau of Investigation, and...
MEMORANDUM OPINION, ORDER, AND PRELIMINARY INJUNCTION Loretta C. Biggs , United States District Judge . Plaintiffs initiated this lawsuit for declaratory and injunctive relief against the above-named Defendants in their official capacities, challenging the validity of specific provisions of Senate Bill 824, titled "An Act to Implement the Constitutional Amendment Requiring Photographic Identification to Vote," ("S.B. 824" or "the Act"). ( See ECF No. 1); 2018 N.C. Sess. Laws 144....
ORDER LOUISE W. FLANAGAN , District Judge . Upon consideration of Plaintiff's supplemental petition for attorney's fees pursuant to 42 U.S.C. 406(b), Defendant's response lacking an objection thereto, it is this 31st day of December , 2019, by the United States District Court for the Eastern District of North Carolina, ORDERED that Plaintiff's counsel is awarded an attorney's fee pursuant to 42 U.S.C. 406(b), in the amount of $12,771.50 (25 percent of the past-due benefits) paid...
ORDER GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS F.R.C.P. 12(c) LOUISE W. FLANAGAN , District Judge . THIS MATTER coming on to be heard and being heard before the District Court Judge, upon the Plaintiff's Motion for Judgment on the Pleadings and the Court having read and considered the Motion, and it appearing to the Court that the Plaintiff filed a Motion for Judgment on the Pleadings on November 26, 2019, that Entry of Default had been entered against Defendant Charles Brandon...
ORDER GRANTING MOTION TO STAY LOUISE W. FLANAGAN , District Judge . THIS MATTER comes before the Court upon Defendants' Motion to Stay. The Court finds that good cause exists to grant this Motion. IT IS THEREFORE ORDERED that all deadlines in the above-captioned matter are hereby stayed. This stay shall continue for sixty (60) days from the date of this Court's Order on the pending Motion to Withdraw Appearance.
ORDER JAMES E. GATES , Magistrate Judge . This case comes before the court on defendant's motion (D.E. 19) to seal the documents at docket entries 16 and 16-1. The reasons provided in the motion and the content of the document at docket entry 16 warrants that the documents at docket entries 16 and 16-1 be sealed. For the same reasons, the court's order pursuant to docket entry 16 should also be sealed. Therefore, for good cause shown, the motion to seal is GRANTED, and the Clerk is...
ORDER LOUISE W. FLANAGAN , District Judge . Plaintiff's counsel filed a motion for approval of attorney's fees under section 206(b) of the Social Security Act (the "Act"), 42 U.S.C. 406(b), in the amount of $12,000.00. 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 $2,268.00 (ECF...
ORDER LOUISE W. FLANAGAN , District Judge . This matter is before the court on defendant's motion (DE 74) for authorization to file a motion under Federal Rule of Civil Procedure 60(b) and 18 U.S.C. 3742. Where defendant's motion asserts claims challenging the calculation of his sentence, the court hereby provides petitioner with notice, pursuant to Castro v. United States , 540 U.S. 375 (2003), that it intends to recharacterize the instant motion as an attempt to file a motion to...
ORDER LOUISE W. FLANAGAN , District Judge . This matter is before the court on defendant's motion (DE 227) to set aside judgment, and the government's motion (DE 229) to dismiss. The court provided notice to defendant on November 8, 2019, of its intention to recharacterize defendant's motion as one brought under 28 U.S.C. 2255. Defendant, however, responded that she does not wish to have the motion recharacterized as such, and the she wants to have the court treat the motion as one for...
ORDER ON DEFENDANT'S MOTION TO SEAL SENTENCING MEMORANDUM LOUISE W. FLANAGAN , District Judge . This matter comes before the Court on the motion of Defendant Gregory Orlando Gause to seal his motion for downward variance and incorporated sentencing memorandum (DE 40). Having considered the motion and other matters of record, the Court finds that sealing is necessary to give effect to Local Criminal Rule 32.2(j), and therefore the motion to seal should be GRANTED. Docket Entry 40 shall...
ORDER OF FORFEITURE LOUISE WOOD FLANAGAN , District Judge . WHEREAS, pursuant to the entry of a Memorandum of Plea Agreement by the defendant on July 24, 2019, and further evidence of record as presented by the Government, the Court finds that the following property is hereby forfeitable pursuant to 18 U.S.C. 924(d)(1), made applicable to this proceeding by virtue of 28 U.S.C. 2461(c), as a firearm involved or used in a knowing violation of 18 U.S.C. 924(c), to wit: • Hi-Point,...
ORDER W. EARL BRITT , Senior District Judge . This matter is before the court on defendant's 27 July 2017 letter. 1 (DE # 72.) In the letter, defendant states that he believes his "federal and state time" were supposed to be served concurrently, and if that belief is accurate, he requests the judgment be amended. ( Id. ) Otherwise, he requests that the court reconsider running his federal term of imprisonment concurrently with his state term of imprisonment. ( Id. ) In 2014, the court...
ORDER LOUISE W. FLANAGAN , District Judge . This matter is before the court on defendant's renewed motion for early termination of supervised release (DE 15). The government has responded in opposition, and in this posture the issues raised are ripe for ruling. Upon consideration of the motion, the response, and the record in this matter, in light of the factors set forth in 18 U.S.C. 3553(a), the court finds that the interests of justice do not support early termination of supervised...
ORDER TO UNSEAL JAMES C. DEVER, III , Chief District Judge . THIS MATTER AROSE upon the.United States' Motion for to Unseal the docket for Jimmy Dorsett Speller. For good cause shown nd for the reasons stated in the Government's Motion, the Government's Motion is her by GRANTED.
