REPORT AND RECOMMENDATION JOSEPH F. SAPORITO, JR. , Magistrate Judge . This is a pro se prisoner civil rights action. It was commenced on January 25, 2019, when the plaintiff, Victor David Carrasquillo, filed his complaint in the Court of Common Pleas for Schuylkill County, Pennsylvania. (Doc. 1-2.) At the time of filing, Carrasquillo was incarcerated at SCI Mahanoy, a state correctional institution located in Schuylkill County, Pennsylvania. On May 16, 2019, following service of...
REPORT AND RECOMMENDATION JOSEPH F. SAPORITO, JR. , Magistrate Judge . This is an action brought under 42 U.S.C. 405(g), seeking judicial review of the Commissioner of Social Security's ("Commissioner") final decision denying Tanya M. Bankert's ("Bankert") claim for disability insurance benefits under Title II of the Social Security Act. This matter has been referred to the undersigned United States Magistrate Judge for the preparation of the report and recommended disposition pursuant...
REPORT & RECOMMENDATION WILLIAM I. ARBUCKLE , Magistrate Judge . I. INTRODUCTION Plaintiff Jennifer Walstrum ("Plaintiff"), now a pro se litigant, 1 brought suit seeking damages for alleged violations of the Americans with Disabilities Act ("ADA") and the Family Medical Leave Act ("FMLA") by her employer, Wal-Mart Stores East, LP ("Defendant"). Presently before the court is Defendant's Motion to Dismiss for Lack of Prosecution (Doc. 36). For the reasons below, I RECOMMEND that...
REPORT AND RECOMMENDATION WILLIAM I. ARBUCKLE , Magistrate Judge . I. INTRODUCTION On October 7, 2019, Tevin Jordan ("Plaintiff"), a state prisoner proceeding pro se , filed a civil rights complaint against the following Defendants: Scranton Police Officer Donald Hofsommer, Lackawanna County District Attorney Mark Powell, and Lackawanna County. (Doc. 1). Along with his Complaint, Plaintiff filed a Motion requesting leave to file in forma pauperis . (Doc. 2). Plaintiff has been granted...
REPORT AND RECOMMENDATION JOSEPH F. SAPORITO, JR. , Magistrate Judge . The plaintiff, Stephen Carl Nigro brought this action 42 U.S.C. 405(g), seeking judicial review of the final decision of the Commissioner of Social Security denying his claim for disability insurance benefits under Title II of the Social Security Act (the "Act"). This matter has been referred to the undersigned United States Magistrate Judge to prepare a report and recommended disposition pursuant to the provisions...
REPORT AND RECOMMENDATION TO GRANT PLAINTIFF'S APPEAL AND TO REVERSE AND REMAND DECISION OF COMMISSIONER GERALD B. COHN , Magistrate Judge . This matter is before the undersigned United States Magistrate Judge for a report and recommendation. Todd Leroy Fuhrman ("Plaintiff"), seeks judicial review of the Commissioner of the Social Security Administration's decision finding of not disabled. As set forth below, the undersigned recommends to GRANT Plaintiff's appeal and REVERSE and...
ORDER MATTHEW W. BRANN , District Judge . James E. Nottingham, a Pennsylvania state prisoner, filed this 28 U.S.C. 2254 petition seeking to vacate his conviction and sentence. 1 Nottingham names several respondents, including Richard A. Gray and Nancy Butts, both of whom are or were state court judges. 2 In November 2019, Magistrate Judge Karoline Mehalchick issued a Report and Recommendation recommending that this Court grant a motion to dismiss filed by Gray and Butts and dismiss...
ORDER JAMES M. MUNLEY , District Judge . AND NOW, to wit, this 30th day of December 2019, Defendant Service Link Field Services, LLC's motion to remand to state court (Doc. 20) is hereby DENIED. Defendant Seterus, however, is directed to file a status report to the court within thirty (30) days from the date of this order which properly sets forth the citizenship of the parties. Failure to file the status report will result in the case being remanded to the Monroe County Court of...
ORDER MATTHEW W. BRANN , District Judge . George H. Fink, a Pennsylvania state prisoner, filed a 28 U.S.C. 2254 petition seeking to vacate his convictions and sentence. 1 In his petition, Fink asserts that his Miranda 2 rights were violated, and that his trial counsel was ineffective in several respects. 3 On October 1, 2019, Magistrate Judge Martin C. Carlson issued a Report and Recommendation recommending that this Court deny the petition. 4 Fink sought and received an extension...
ORDER CHRISTOPHER C. CONNER , Chief District Judge . AND NOW, this 30th day of December, 2019, upon consideration of the motion (Doc. 111) for a sentence reduction under Section 404 of the First Step Act of 2018, 404, Pub. L. No. 115-391, 132 Stat. 5194, 5222, by defendant Timothy S. Patterson, and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that: 1. Patterson's motion (Doc. 111) is GRANTED to the extent that the court will reduce Patterson's sentence...
MEMORANDUM CHRISTOPHER C. CONNER , Chief District Judge . Defendant Timothy S. Patterson moves the court for a sentence reduction pursuant to Section 404 of the First Step Act of 2018, 404, Pub. L. No. 115-391, 132 Stat. 5194, 5222. In an order dated October 3, 2019, we determined that Patterson is eligible for relief under the Act. We directed the United States Probation Office to prepare an addendum to the presentence report and allowed the parties to file presentencing submissions....
MEMORANDUM OPINION Jane Acri's Motions for Sanctions (Docs. 538, 596) and Status Report (Doc. 643) WILLIAM I. ARBUCKLE , Magistrate Judge . I. INTRODUCTION In 1989, 20th Century Fox released "The War of the Roses" a cautionary tale told by Hollywood divorce lawyer Gavin D'Amato (Danny Divito) to a potential young client considering divorce. The film, based upon the 1981 novel by Warren Adler, follows a wealthy couple with a seemingly perfect marriage. When their marriage begins to fall...
MEMORANDUM JAMES M. MUNLEY , District Judge . Before the court for disposition is the motion to remand to state court filed by Defendant Service Link Field Services, LLC (hereinafter "Service Link"). For the reasons which follow, we will deny the motion, but order Defendant Seterus to clarify the citizenship of Defendant Service Link. Background The amended complaint, which stands as the operative pleading in this matter, indicates that plaintiff had a home mortgage through Defendant...
Order JOHN E. JONES, III , District Judge . Presently before the Court is Defendant's Motion to Dismiss Plaintiff's Complaint. (Doc. 15). In conformity with the Memorandum issued on today's date, NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. Defendant's Motion to Dismiss Plaintiff's Complaint, (Doc. 15), is GRANTED. 2. The Clerk of the Court SHALL CLOSE the file on this case.
MEMORANDUM JOHN E. JONES, III , District Judge . Presently pending before the Court is Defendant Kaiser Foundation Health Plan of the Mid-Atlantic States, Inc.'s Motion to Dismiss Plaintiff's Complaint. (Doc. 15). The matter has been fully briefed, (Docs. 16, 17, 18), and is ripe for disposition. For the reasons that follow, Defendant's motion shall be granted. I. BACKGROUND In accordance with the standard of review applicable to a motion to dismiss, the following facts are derived from...
ORDER JAMES M. MUNLEY , District Judge . AND NOW, to wit, this 20 th day of December 2019, upon consideration of Defendants' motion (Doc. 15) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), and in accordance with the Court's Memorandum of the same date, it is hereby ORDERED that: 1. Defendants' motion (Doc. 15) is DEEMED unopposed and GRANTED. 2. Plaintiff's complaint is DISMISSED in its entirety. 3. The dismissal is without prejudice to Plaintiff's right to refile...
MEMORANDUM JAMES M. MUNLEY , District Judge . Plaintiff Walter Scott ("Scott"), a state inmate who, at all times relevant, was incarcerated at the State Correctional Institution at Frackville, Frackville, Pennsylvania, commenced this civil rights action pursuant to 42 U.S.C. 1983, on August 12, 2019. (Doc. 1). In response to the complaint, Defendants CO Smoke ("Smoke") and CO Morgan ("Morgan") filed a motion (Doc. 15) pursuant to Federal Rule of Civil Procedure 12(b)(6), accompanied by...
ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 20th DAY OF DECEMBER 2019, upon consideration of twelve Report and Recommendations issued by Magistrate Judge Carlson (Docs. 146, 147, 149, 151, 152, 155, 156, 158, 161, 162, 163, 165) and all relevant documents, for the reasons discussed in the simultaneously filed Memorandum Opinion, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendations are NOT ADOPTED insofar as Magistrate Judge Carlson recommends dismissal of...
MEMORANDUM OPINION ROBERT D. MARIANI , District Judge . I. INTRODUCTION Presently before the court are Defendants' Motion for Summary Judgment (Doc. 120), twelve reports and recommendations addressing the motion issued by United States Magistrate Judge Martin C. Carlson (Docs. 146-47, 149, 151-52, 155-56, 158, 161-63, 165), and several objections (Docs. 150, 153-54, 157, 159-60, 170, 172) raised to those reports and recommendations by the plaintiff, Mark Anthony Robinson ("Robinson" "...
ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 18TH DAY OF DECEMBER, 2019, for the reasons set forth in the Court's accompanying Memorandum Opinion, IT IS HEREBY ORDERED THAT Defendant Michael Rinaldi's Supplemental Pre-Trial Motions (3:18-cr-279, Doc. 161; 3:18-cr-280, Doc. 165) are GRANTED IN PART AND DENIED IN PART as set forth in the Memorandum Opinion. Specifically, 1. Defendant's request that the Powell wiretaps and Rinaldi wiretaps be suppressed is GRANTED. The...
