REPORT AND RECOMMENDATION LAWRENCE R. LEONARD , Magistrate Judge . This matter is before the Court on pro se Plaintiff Kelly M. Earl's ("Plaintiff") Complaint, ECF No. 3, filed pursuant to 42 U.S.C. 405(g) seeking judicial review of the final decision of the Defendant Nancy A. Berryhill, the Acting Commissioner of the Social Security Administration ("the Commissioner"), denying Plaintiff's claim for Supplemental Security Disability Income ("SSDI") under the Social Security Act ("SSA")....
REPORT AND RECOMMENDATION THERESA CARROLL BUCHANAN , Magistrate Judge . This matter comes before the Court on Plaintiffs' Motion for Sanctions and Entry of Default Judgment Against Defendants Carla McPhun and Cadem Capital Group ("McPhun Defendants") (Dkt. 150) and this Court's Rule to Show Cause (Dkt. 159). The Court's Rule to Show Cause directed McPhun Defendants to appear before the undersigned magistrate judge on Friday, November 30, 2018, at 10:00 a.m. to show cause why the Court...
REPORT AND RECOMMENDATION LAWRENCE R. LEONARD , Magistrate Judge . This matter is before the Court on Plaintiff Jerome Edward Cottingham's ("Plaintiff') Complaint, ECF No. 1, filed pursuant to 42 U.S.C. 405(g) seeking judicial review of the final decision of the Defendant Nancy A. Berryhill, the Acting Commissioner of the Social Security Administration ("the Commissioner"), denying Plaintiff's claim for Supplemental Security Disability Income ("SSDI") under the Social Security Act ("SSA"...
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE DAVID J. NOVAK , Magistrate Judge . This matter is before the Court pursuant to Title 28 U.S.C. 636(b)(1)(B) and (b)(3) upon the Defendant's request to enter a plea of guilty pursuant to Fed. R. Crim. P. 11 and a written plea agreement that has been entered into by the United States and the Defendant. The matter was presented to the Court upon the written consent of the Defendant and counsel for the Defendant to proceed before a United...
MEMORANDUM OPINION M. HANNAH LAUCK , District Judge . This matter comes before the Court on Plaintiff the County of Chesterfield, Virginia's (the "County") Motion to Remand (the "Motion"). 1 (ECF No. 4.) The County moves to remand this case to the Circuit Court of the County of Chesterfield (the "Chesterfield Circuit Court") for lack of subject matter jurisdiction. Defendants 2 opposed the remand, (ECF No. 7), and the County replied, 3 (ECF No. 10). The Court dispenses with oral...
MEMORANDUM OPINION T.S. ELLIS, III , District Judge . At issue in this 28 U.S.C. 2255 petition for a writ of habeas corpus is whether petitioner, Kenneth Newton, who pled guilty to a single count of conspiracy to commit wire fraud, is entitled to issuance of a writ on the ground that he received ineffective assistance of counsel, in violation of the Sixth Amendment of the Constitution. Specifically, Newton alleges that his appointed counsel erroneously advised him of the legal standard...
REPORT AND RECOMMENDATION IVAN D. DAVIS , Magistrate Judge . This matter is before the Court on the Motion for Default Judgment from MTI Enterprises, Inc., d/b/a Music Theatre International and Music Theatre International, LLC d/b/a Music Theatre International against Theaterpalooza Community Theater Productions, Inc., d/b/a Theaterpalooza pursuant to Federal Rule of Civil Procedure 55(b)(2). (Dkt. No. 12). After a licensed attorney for Defendant failed to appear at the hearing on August...
ORDER ROBERT E. PAYNE , Senior District Judge . This matter is before the Court for consideration of a report and reconunendation by the Magistrate Judge regarding the Magistrate Judge's acceptance of the Defendant's plea of guilty to the specified charge in the pending matter pursuant to a Fed. R. Grim, P. 11 proceeding conducted by the Magistrate Judge with the consent of the Defendant and counsel. It appearing that the Magistrate Judge made full inquiry and findings pursuant to Rule 11;...
MEMORANDUM OPINION (Granting in Part Defendant's Motion to Dismiss) HENRY E. HUDSON , Senior District Judge . This case involves a business-process consultant suing a government contractor for the alleged infringement of copyrighted software. According to Plaintiff Neil Zaccari ("Plaintiff"), Defendant Discover Technologies, LLC's ("Defendant") infringement occurred in collaboration with the United States government. (Compl. 23, ECF No. 1.) Plaintiff alleges that Defendant engaged in...
ORDER ROBERT E. PAYNE , Senior District Judge . This matter is before the Court for consideration of a report and recommendation by the Magistrate Judge regarding the Magistrate Judge's acceptance of the Defendant's plea of guilty to the specified charge in the pending matter pursuant to a Fed. R. Grim. P. 11 proceeding conducted by the Magistrate Judge with the consent of the Defendant and counsel. It appearing that the Magistrate Judge made full inquiry and findings pursuant to Rule 11;...
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE RODERICK C. YOUNG , Magistrate Judge . This matter is before the Court pursuant to Title 28 U.S.C. 636(b)(1)(B) and (b)(3) upon the Defendant's request to enter a plea of guilty pursuant to Fed. R. Grim. P. 11 and a written plea agreement that has been entered into by the United States and the Defendant. The matter was presented to the Court upon the written consent of the Defendant and counsel for the Defendant to proceed before a...
MEMORANDUM OPINION ROBERT E. PAYNE , Senior District Judge . Orvin Lee Sampson, a Virginia inmate proceeding pro se , filed this 42 U.S.C. 1983 action. Sampson names the following individuals as defendants: Harold W. Clarke, Director of the Virginia Department of Corrections ("VDOC"); A. David Robinson, Director of Corrections Operations; D. Ratliffe-Walker, Warden of Lunenburg Correctional Center ("LCC"); Charlene Davis, Regional Administrator for the VDOC; B. Reed, Food Director; and,...
MEMORANDUM OPINION (Granting Defendant's Motion to Dismiss) HENRY E. HUDSON , District Judge . This matter is before the Court on a Motion to Dismiss (the "Motion," ECF No. 3), filed on November 5, 2018 on behalf of James Mattis ("Defendant"), the Secretary of Defense of the United States. Ozie Bradford ( pro se "Plaintiff"), who received a copy of Defendant's Motion and its Memorandum in Support (ECF No. 4), has failed to file any response in opposition. Accordingly, and pursuant to...
MEMORANDUM OPINION Leonie M. Brinkema , United States District Judge . Before the Court is defendant's motion to dismiss the indictment [Dkt No. 22]. For the reasons stated in open court and further developed in this Memorandum Opinion, defendant's motion has been denied. 1 I. Aristides Rivera Lopez, also known as Aristides Lopez Rivera ("defendant"), 2 is a citizen of El Salvador who in April 2004 entered the United States near Laredo, Texas without authorization or inspection. He was...
OPINION JOHN A. GIBNEY, JR. , District Judge . Leslie Duke claims that his employer fired him because he refused to drive a truck without the necessary highway permits. The Court previously directed Duke to file a second amended complaint ("SAC") to allege sufficient facts to establish subject matter jurisdiction, specifically whether he has exhausted administrative remedies under the Surface Transportation Assistance Act ("STAA"). In the SAC, Duke reiterates his grievances under the STAA,...
OPINION JOHN A. GIBNEY, JR. , District Judge . In April 1999, a judge sentenced Stephen Michael Sneade to life without parole for a murder he committed when he was sixteen, plus fifty years for the accompanying robbery and six years for related firearm convictions. Sneade filed a petition for writ of habeas corpus, asking this Court to vacate his sentence and order a new sentencing proceeding because a sentence of life without parole for a juvenile homicide offender, without consideration...
REPORT AND RECOMMENDATION THERESA CARROLL BUCHANAN , Magistrate Judge . THIS MATTER comes before the Court on Plaintiff's Motion for Default Judgment and Incorporated Memorandum in Support (Dkt. 116). After no representative for Defendant responded to Plaintiff's motion or appeared at the hearing on November 16, 2018, the matter was taken under advisement. 1 For the reasons stated below, the undersigned U.S. Magistrate Judge recommends that Plaintiff's Motion for Default Judgment be...
ORDER LEONIE M. BRINKEMA , District Judge . On December 7, 2018, a magistrate judge issued a Report and Recommendation [Dkt. No. 130] (the "Report") in which she recommended that a default judgment be entered against defendant Edward M. Kaufman ("Kaufman") permanently enjoining him from engaging in a scheme to "rip" content from plaintiff Overstock.com, Inc.'s websites. The Report advised the parties that any objection to the magistrate judge's findings or recommendations must be filed...
OPINION JOHN A. GIBNEY, JR. , District Judge . In July, 2018, the United States Bankruptcy Court for the Eastern District of Virginia ("Bankruptcy Court") approved the assignment of a sublease held by Toys "R" Us, Inc. ("TRU"), in a Maryland shopping center. The owner of the shopping center, 6711 Glen Burnie Retail, LLC ("Glen Burnie"), objects to the assignment. Glen Burnie owns The Centre at Glen Burnie. The Bankruptcy Court approved the replacement of TRU with a business known as...
OPINION JOHN A. GIBNEY, JR. , District Judge . The plaintiff, Jody C. Coonley, brings two breach of contract claims against the defendant, Wells Fargo Bank. Wells Fargo has moved to dismiss Coonley's complaint for failure to state a claim. Because Coonley does not qualify as a third party beneficiary to either contract in dispute, the Court will grant Wells Fargo's motion to dismiss. I. FACTS ALLEGED IN THE COMPLAINT In 2004, Morie D. Grantham purchased a home in Midlothian,...
