MEMORANDUM OPINION AND ORDER DONALD C. NUGENT , District Judge . This case is before the Court on Mr. Lynch's Amended Motion for Relief Under 28 U.S.C. 2255, seeking a vacation of his sentence on the basis of Johnson v. United States, 135 S.Ct. 2551 (2015). (ECF #71). The government agrees that vacatur of his sentence under the Armed Career Criminal Act and re-sentencing are appropriate in this case in light of the United States Supreme Court's holding in Johnson. (ECF #72)....
REPORT AND RECOMMENDATION JAMES R. KNEPP, II , Magistrate Judge . INTRODUCTION Pro se Petitioner Michael Hendricks ("Petitioner"), a prisoner in state custody, filed a petition seeking a writ of habeas corpus under 28 U.S.C. 2254 ("Petition"). (Doc. 1). A month later, he filed a Motion to Stay Proceedings. (Doc. 4). The Court granted his request and dismissed the case without prejudice (Doc. 5); the case was subsequently reopened by order of the Court on January 14, 2015 (Doc. 8)....
REPORT & RECOMMENDATION KATHLEEN B. BURKE , Magistrate Judge . Petitioner Taunee Smith ("Petitioner" or "Smith") brings this habeas corpus action pursuant to 28 U.S.C. 2254. Doc. 1. Smith is detained at the Mansfield Correctional Institution, having been found guilty by a Cuyahoga County, Ohio, Court of Common Pleas jury of one count of murder, two counts of aggravated burglary, and one count of kidnapping; the trial court thereafter found Smith guilty of repeat violent offender...
REPORT AND RECOMMENDATION KATHLEEN B. BURKE , Magistrate Judge . Pro se Plaintiff Diane Thomas seeks judicial review of the decision of Defendant Commissioner of Social Security ("Commissioner") regarding her application for Supplemental Security Income ("SSI") and Disability Insurance Benefits ("DIB"). Doc. 10. 1 The Commissioner filed a Motion to Dismiss pursuant to Fed. R. Civ. Pro. 12(b)(1), arguing that the Court lacks jurisdiction over this action because Thomas failed to exhaust...
REPORT & RECOMMENDATION WILLIAM H. BAUGHMAN, Jr. , Magistrate Judge Pursuant to General order 99-49, this matter having been referred to United States Magistrate Judge William H. Baughman, Jr. for purposes of receiving, on consent of the parties, the defendant's offer of a plea of guilty, conducting the colloquy prescribed by Fed. R. Crim. P. 11, causing a verbatim record of the proceedings to be prepared, referring the matter, if appropriate, for presentence investigation, and submitting...
REPORT AND RECOMMENDATION GREG WHITE , Magistrate Judge . Petitioner, Demetrius Jones, ("Jones"), challenges the constitutionality of his conviction in the case of State v. Jones, Cuyahoga County Court of Common Pleas Case No. CR-524453. Jones, pro se, filed his Petition for a Writ of Habeas Corpus (Doc. No. 1) pursuant to 28 U.S.C. 2254 on November 19, 2014. On February 10, 2015, Warden Alan Lazaroff ("Respondent") filed his Answer/Return of Writ. (Doc. No. 7.) Meanwhile, on...
MEMORANDUM OPINION DONALD C. NUGENT , District Judge . This matter is before the Court on Petitioner's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. 2255. (Docket #25 in Case No. 4:14 CR 26.) For the reasons set forth below, Petitioner's Motion is DENIED. Factual and Procedural Background On January 15, 2014, an Indictment was filed against Petitioner that charged him with two counts of knowingly and unlawfully possessing...
MEMORANDUM OPINION DONALD C. NUGENT , District Judge . This matter is before the Court on Petitioner's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. 2255. (Docket #36 in Case No. 1:13 CR 267.) For the reasons set forth below, Petitioner's Motion is DENIED. Factual and Procedural Background On May 23, 2013, an Indictment was filed against Petitioner that charged him with one count of bank robbery in violation of 18 U.S.C. 2113(a)...
REPORT & RECOMMENDATION WILLIAM H. BAUGHMAN, Jr. , Magistrate Judge . Pursuant to General order 99-49, this matter having been referred to United States Magistrate Judge William H. Baughman, Jr. for purposes of receiving, on consent of the parties, the defendant's offer of a plea of guilty, conducting the colloquy prescribed by Fed. R. Crim. P. 11, causing a verbatim record of the proceedings to be prepared, referring the matter, if appropriate, for presentence investigation, and...
REPORT & RECOMMENDATION WILLIAM H. BAUGHMAN, Jr. , Magistrate Judge . Pursuant to General order 99-49, this matter having been referred to United States Magistrate Judge William H. Baughman, Jr. for purposes of receiving, on consent of the parties, the defendant's offer of a plea of guilty, conducting the colloquy prescribed by Fed. R. Crim. P. 11, causing a verbatim record of the proceedings to be prepared, referring the matter, if appropriate, for presentence investigation, and...
MEMORANDUM OPINION DONALD C. NUGENT , District Judge . This Matter is before the Court on the Motion to Dismiss for Lack of Jurisdiction or, in the Alternative, Motion to Compel Arbitration and Stay Proceedings filed by Defendants, Ganley Ford West, Inc., Robert Brown, Robert Lisy and Shirley Gonda. (Docket #7.) This case arises out of Plaintiff, Ronald Overman's employment with Defendant, Ganley Ford West, Inc. On February 14, 2014, Mr. Overman was injured when he slipped and fell on...
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION DONALD C. NUGENT , District Judge . This matter comes before the Court upon the Report and Recommendation of Magistrate Judge Kenneth S. McHargh. The Report and Recommendation (ECF #76), issued on November 9, 2015, is hereby ADOPTED by this Court. The case was referred to Magistrate McHargh pursuant to General Order 99-49 for purposes of receiving, on consent of the parties, the defendant's guilty plea. On November 6, 2015, Defendant...
MEMORANDUM OPINION AND ORDER DONALD C. NUGENT , District Judge . This matter comes before the Court upon Defendant, Anthony Viola's Motion to Vacate Ruling Dated November 17, 2015 for Lack of Jurisdiction (ECF #508), and Motion for Reconsideration (ECF #509). Both of these motions are DENIED. Mr. Viola's challenges to this Court's jurisdiction are without merit. At the time the ruling was issued, there were no remaining appeals pending before the Sixth Circuit Court of Appeals. The last...
ORDER SOLOMON OLIVER, Jr. , Chief District Judge . On April 18, 2014, Petitioner Efrem R. Johnson ("Petitioner" or "Johnson") filed a Petition for Writ of Habeas Corpus ("Petition") (Pet., ECF No. 1) pursuant to 28 U.S.C. 2254 in the abovecaptioned case, challenging the constitutionality of his convictions. In his Petition, Johnson raised a single ground for relief — that the trial court failed to advise him of his right to appeal his sentence, and failed to advise him of his right to...
ORDER AND DECISION (Resolving Doc. 12) JOHN R. ADAMS , District Judge . Pending before the Court is Defendants' motion to dismiss the complaint (Doc. 12). Plaintiff Dorothy Lawson has not opposed the motion. The motion is hereby GRANTED and the complaint is dismissed without prejudice. I. Legal Standard The Sixth Circuit stated the standard for reviewing a motion to dismiss in Assn. of Cleveland Fire Fighters v. Cleveland, 502 F.3d 545 (6th Cir. 2007) as follows: The Supreme Court...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE GEORGE J. LIMBERT , Magistrate Judge . Pursuant to General Order 99-49, this case was referred on November 12, 2015 to United States Magistrate Judge George J. Limbert for the purposes of receiving, on consent of the parties, Defendant Jeffery C. Howell's proffer of a plea of guilty, conducting the colloquy prescribed by Fed. R. Crim. P. 11, causing a verbatim record of the proceedings to be prepared, referring the matter for presentence...
MEMORANDUM OPINION AND ORDER DONALD C. NUGENT , District Judge . This matter is before the Court on the Plaintiff's Motion to Remand this action to the Court of Common Pleas for Medina County, Ohio, or in the alternative, to remand the state claims and stay the federal claims pending final determination of the state claims. (ECF #7) Specifically, Plaintiff requests that the Court abstain from exercising jurisdiction under the Younger abstention doctrine and/or the Colorado River...
MEMORANDUM OF OPINION AND ORDER [Resolving ECF No. 20] BENITA Y. PEARSON , District Judge . Pending before the Court is a Rule 12 Motion to Dismiss and Motion for a More Definite Statement filed by Defendants George Sibble, Positronics Technologies, Inc., Omnivore Technologies, Inc., Menupad, Inc., Michael Wior, Michael Taczak, Chris Sullivan, and Victor Lafita. ECF No. 20. The Court has been advised, having reviewed the record, including the parties' briefs and the applicable law....
ORDER AND DECISION (Resolving Docs. 6 and 11) JOHN R. ADAMS , District Judge . Pending before the Court is Defendant Cornwell Quality Tool Co., Inc.'s motion to dismiss the complaint (Doc. 6). Cornwell has also filed a motion for sanctions. Plaintiffs have opposed both motions. Both motions are GRANTED. I. Legal Standard The Sixth Circuit stated the standard for reviewing a motion to dismiss in Assn. of Cleveland Fire Fighters v. Cleveland, 502 F.3d 545 (6th Cir. 2007) as follows:...
MEMORANDUM OF OPINION AND ORDER [Resolving ECF Nos. 362 and 364] BENITA Y. PEARSON , District Judge . Pending before the Court is Plaintiffs' Motion for Reconsideration And/Or Relief From the Court's Entry of Judgment For Whirlpool On the Claims Of Subclass B (ECF No. 362), and Defendants' Motion to Amend And Certify Issues for Interlocutory Appeal (ECF No. 364). In the Court's Memorandum of Opinion and Order issued on October 30, 2015 (ECF No. 360) resolving Defendants' Motion To...
