MEMORANDUM WILLIAM J. NEALON , District Judge . On March 8, 2013, Plaintiff, Julianna Morse, filed a complaint against Defendant, Allied Interstate, LLC, alleging violations of the Telephone Consumer Protection Act, 47 U.S.C. 227 ("TCPA") and the Fair Debt Collections Practices Act, 15 U.S.C. 1692 et seq. (Doc. 1). Following discovery, both parties filed motions for partial summary judgment with statements of facts and supporting briefs. (Docs. 22-24, 28-29, 32-34, 37). The parties...
REPORT AND RECOMMENDATION KAROLINE MEHALCHICK, Magistrate Judge. Plaintiff Isaac C. Hinerman, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. 1983. (Doc. 1). Hinerman brings claims against three state correctional authorities, alleging that he was denied adequate medical care. At the time of the filing of his complaint, Hinerman was incarcerated at the Lebanon County Correctional Facility in Lebanon, Pennsylvania. He is currently incarcerated at the State...
REPORT AND RECOMMENDATION TO VACATE THE DECISION OF THE COMMISSIONER AND REMAND FOR FURTHER PROCEEDINGS Docs. 1, 8, 11, 16, 19 GERALD B. COHN, Magistrate Judge. REPORT AND RECOMMENDATION I. Introduction The above-captioned action is one seeking review of a decision of the Commissioner of Social Security ("Commissioner") denying the application of Plaintiff Edward Wilson for supplemental security income ("SSI") under the Social Security Act, 42 U.S.C. 401-433, 1382-1383 (the "Act")....
MEMORANDUM MALACHY E. MANNION, District Judge. Presently before the court is a motion to dismiss the plaintiff's Second Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by the defendants, the City of Scranton ("City") and Mayor Christopher Doherty. (Doc. 20 ). The plaintiff, Patricia Jennings-Fowler, brings a series of claims emanating from the termination of her employment with the City. For the reasons discussed herein, the motion to dismiss is GRANTED IN...
MEMORANDUM OPINION ROBERT MARIANI, District Judge. I. INTRODUCTION AND PROCEDURAL HISTORY Presently before the Court is a Motion for In Camera Review (Doc. 124) filed by Plaintiffs, Elaine and Victor Swanger and their child, B.J.S. On June 30, 2014, in response to Plaintiffs' motion, the Court issued an Order requiring Defendant, Diversified Treatment Alternatives, Inc. ("DTA"), to produce the specific documents contained in the Philadelphia Diversified Treatment Claim File Privilege Log...
ORDER A. RICHARD CAPUTO, District Judge. In accordance with the accompanying memorandum, IT IS HEREBY ORDERED THAT: 1. The petition for writ of habeas corpus (Doc. 1), is DENIED pursuant to 28 U.S.C. 2254(d). 2. The Clerk of Court is directed to CLOSE this case. 3. There is no basis for the issuance of a certificate of appealability. See 28 U.S.C. 2253(c).
MEMORANDUM A. RICHARD CAPUTO, District Judge. On March 6, 2014, Petitioner, Alfred Alonzo Mayo, an inmate confined at the State Correctional Institution, Dallas, Pennsylvania, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. On August 22, 2008, Mayo was arrested by the Pottsville Bureau of Police and charged with the following four crimes: (1) delivery of a controlled substance (cocaine); (2) possession with intent to deliver a controlled substance (cocaine); (3)...
A. RICHARD CAPUTO, District Judge. In accordance with the accompanying memorandum, IT IS HEREBY ORDERED THAT: 1. The petition for writ of habeas corpus (Doc. 1), is DENIED pursuant to 28 U.S.C. 2254(d). 2. The Clerk of Court is directed to CLOSE this case. 3. There is no basis for the issuance of a certificate of appealability. See 28 U.S.C. 2253(c).
MEMORANDUM A. RICHARD CAPUTO, District Judge. Petitioner, Josephy Alberto Ventura, on July 16, 2013, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. Ventura attacks the judgment of conviction and sentence imposed by the Court of Common Pleas of Centre County, Pennsylvania, after a jury returned a guilty verdict. Ventura was charged with first and third degree murder. 1 The jury found Ventura guilty of third degree murder and he received a sentence of 20 to 40 years...
MEMORANDUM SYLVIA H. RAMBO, District Judge. In this criminal case, Defendant Robert G. Bard, who was convicted of 21 counts related to his participation in an investment advisor fraud, filed a motion requesting his continued release from incarceration pending appeal (Doc. 141), which is opposed by the Government (Doc. 145). The court finds that Defendant has failed to demonstrate a valid basis to grant his request, and will accordingly deny the pending motion. I. Background For the...
MEMORANDUM MALACHY E. MANNION, District Judge. Presently before the court is a motion to dismiss the plaintiff's Second Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by the defendants, the City of Scranton ("City") and Mayor Christopher Doherty. (Doc. 20 ). The plaintiff, Patricia Jennings-Fowler, brings a series of claims emanating from the termination of her employment with the City. For the reasons discussed herein, the motion to dismiss is GRANTED IN...
ORDER MALACHY E. MANNION, District Judge. In light of the memorandum issued this same day, IT IS HEREBY ORDERED THAT the report and recommendation of Judge Mehalchick, (Doc. 26 ), is ADOPTED IN FULL. The defendants' motions to dismiss, (Docs. 11 , 17 ), are GRANTED, and plaintiff's complaint, (Doc. 1 ), is DISMISSED without prejudice. Plaintiff's motion to amend his complaint, (Doc. 23 ), is GRANTED. Plaintiff must file his Amended complaint on or before January 30, 2015. Upon...
MEMORANDUM MALACHY E. MANNION, District Judge. Before the court is the report and recommendation of Judge Mehalchick, (Doc. 26 ), recommending that the motions to dismiss of defendants, (Docs. 11 , 17 ) be granted, that plaintiff's complaint, (Doc. 1 ), be dismissed, and that plaintiff's motion for leave to file an amended complaint, (Doc. 23 ), be granted. No objections to the report have been filed. I. BACKGROUND Plaintiff Wayne Zilich is a former inmate at SCI Rockview and is...
REPORT AND RECOMMENDATION KAROLINE MEHALCHICK, Magistrate Judge. Plaintiff Wayne Zilich, proceeding pro se, filed the instant civil rights action under 42 U.S.C. 1983 on November 7, 2013. (Doc. 1). Zilich is currently paroled at the Erie Community Corrections Center ("CCC").The allegations that give rise to this complaint occurred while Zilich was incarcerated at the State Correctional Institution at Rockview (SCI-Rockview) in Bellefonte, Pennsylvania. (Doc. 1). Specifically, Zilich...
MEMORANDUM JAMES M. MUNLEY, District Judge. Before the court for disposition is Defendant Krishna Mote's (hereinafter "defendant") motion 1 under 28 U.S.C. 2255 to vacate, set aside, or correct sentence. (Doc. 140). The matter has been fully briefed and is ripe for disposition. After careful consideration, the court finds that defendant is not entitled to relief and the motion will be denied. Background A federal grand jury indicted Defendant Mote on April 4, 2007 on charges of...
ORDER WILLIAM W. CALDWELL, District Judge. AND NOW, this 29th day of December, 2014, based on the accompanying memorandum, it is ordered that: 1. The petition (Doc. 1) for a writ of habeas corpus under 28 U.S.C. 2241 is denied. 2. The Clerk of Court shall close this file.
MEMORANDUM WILLIAM W. CALDWELL, District Judge. David Crawford, an inmate at the United States Prison in Canaan, Pennsylvania, filed a pro se petition under 28 U.S.C. 2241 challenging the results of a disciplinary proceeding held while he was an inmate in the Federal Correctional Institution in Forrest City, Arkansas. As a result of the proceeding, Petitioner lost credit against his sentence for a total of forty-one days of good conduct time, based on two infractions, an attempted assault...
ORDER CHRISTOPHER C. CONNER, Chief District Judge. AND NOW, this 29th day of December, 2014, upon consideration of defendants' motion (Doc. 62) to dismiss and, alternatively, for summary judgment, it is hereby ORDERED that: 1. Defendants' motion (Doc. 62) for summary judgment is DEEMED unopposed and GRANTED. 2. The Clerk of Court is directed to ENTER judgment in favor of defendants and against plaintiff. 3. The Clerk of Court is further directed to CLOSE this case. 4. Any appeal from...
MEMORANDUM CHRISTOPHER C. CONNER, Chief District Judge. Johnny Ray Chandler, Sr. ("Chandler"), an inmate presently incarcerated at the United States Penitentiary at Lewisburg, Pennsylvania, initiated this civil rights action on February 12, 2014. (Doc. 1). On June 23, 2014, this action was consolidated with Chandler v. Baker , Civil No. 14-CV-0668. (Doc. 25). The matter is proceeding via the consolidated complaint against defendants G. Keith Baker ("Baker") and Cindy Smith ("Smith"). 1 (...
MEMORANDUM WILLIAM W. CALDWELL, District Judge. I. Introduction Talbot Curtin, an inmate confined at the United States Penitentiary in Canaan, Pennsylvania, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. Petitioner challenges a prison disciplinary proceeding where he was found guilty of receiving money from another inmate. The other inmate had arranged for a friend of his to put $100 in Petitioner's prison account. Petitioner was sanctioned with...
