MEMORANDUM OPINION NORMAN K. MOON , Senior District Judge . Petitioner Darryl Sylvester Jackson, a Virginia inmate, by counsel, filed a petition for writ of habeas corpus, pursuant to 28 U.S.C. 2254, challenging the validity of his confinement following a judgment rendered by the City of Winchester Circuit Court. In that judgment, he was sentenced to 15 years, with one year suspended, for the following convictions: robbery, conspiracy to commit robbery, use of a firearm in the...
MEMORANDUM OPINION ELIZABETH K. DILLON , District Judge . Doris Woodson brought this action seeking insurance coverage for a fire that destroyed her garage. The parties mediated the case before United States Magistrate Judge Joel Hoppe and agreed in principle to a settlement of $35,000. Following the settlement conference, Ms. Woodson refused to sign the settlement documents and her attorney withdrew, leaving Woodson to proceed pro se. Nationwide Mutual Fire Insurance Company filed a...
MEMORANDUM OPINION MICHAEL F. URBANSKI , Chief District Judge . On July 19, 2019, defendant Barnett Southall Dillman, Jr., represented by counsel, filed a motion to correct a clerical error in the presentence investigation report ("PSR") prepared in his case in 2013, to which the government responded. ECF Nos. 178, 181. For the reasons discussed more fully below, the court DENIES Dillman's motion. I. Background On August 27, 2012, Dillman entered into a plea agreement pursuant to Rule...
MEMORANDUM OPINION GLEN E. CONRAD , Senior District Judge . Defendant Malcolm Carl Young, through counsel, has moved for a reduction of his sentence pursuant to the First Step Act of 2018. For the following reasons, the motion will be dismissed without prejudice for lack of jurisdiction. Background On October 1, 2009, a grand jury in the Western District of Virginia returned a three-count indictment against Young. On December 3, 2009, Young entered a plea of guilty to Count One of the...
MEMORANDUM OPINION MICHAEL F. URBANSKI , Chief District Judge . This matter comes before the court on plaintiff Robert Boden's motions in limine to exclude an expert witness, ECF No. 32, and evidence of emails to a treating physician, ECF No. 43. The government has responded, ECF Nos. 38 and 46, and a hearing was held on the motions on October 3, 2019. For the reasons stated below, the court will DENY Boden's motions. I. On June 7, 2018, Boden filed his complaint against the United...
OPINION AND ORDER DENYING OBJECTIONS JAMES P. JONES , District Judge . The defendants, Indivior Inc. and Indivior PLC, have filed a Motion for Bill of Particulars and a Motion to Compel the government to provide additional discovery. The magistrate judge denied both motions, and the defendants have objected to her Memorandum Order. As I find that the magistrate judge's findings are neither clearly erroneous nor contrary to law, I will overrule the objections and affirm the Memorandum Order....
MEMORANDUM OPINION GLEN E. CONRAD , Senior District Judge . Metkel Alana, a Virginia inmate proceeding pro se , filed this civil rights action pursuant to 42 U.S.C. 1983, alleging that the defendant prison officials shot him on two occasions, causing injuries. Three of the defendants, Officers Rose, J. Turner, and T. Meade, have answered his complaint. Defendant Clarke has filed a motion to dismiss, and Alana has responded by submitting an affidavit that the court will construe and...
MEMORANDUM OPINION GLEN E. CONRAD , Senior District Judge . Danny Douglas Meadows, Jr., a federal inmate proceeding pro se , has filed a motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. The Government filed a motion to dismiss Meadows' petition. Thereafter, the Clerk of Court issued Meadows a Roseboro notice informing him that he had the right, but no obligation, to submit a response to the Government's motion in further support of his claims. ECF No. 270....
MEMORANDUM OPINION NORMAN K. MOON , District Judge . This matter is before the Court on Defendant Wells Fargo's motion to dismiss for failure to state a claim in the following cases: Travis T. Tolley v. Wells Fargo Bank, N.A., Case No. 6:19-cv-00062 ( Tolley I), Travis T. Tolley v. Wells Fargo Bank, N.A., Case No. 6:19-cv-00063 ( Tolley II ), Travis T. Tolley v. Wells Fargo Bank, N.A., Case No. 6:19-cv-00064 ( Tolley III ). For the reasons stated herein, the Plaintiff's "CounterClaim"...
MEMORANDUM OPINION GLEN E. CONRAD , Senior District Judge . Defendant James C. Graham, through counsel, has moved to reduce his term of supervised release pursuant to the First Step Act of 2018. The motion has been briefed and is ripe for review. For the following reasons, the court will grant Graham's motion. On April 6, 2005, a grand jury in the Western District of Virginia returned a multi-count indictment against Graham and three co-defendants. On April 28, 2006, Graham entered pleas...
MEMORANDUM OPINION NORMAN K. MOON , District Judge . This matter is before the Court on Defendant Bonifacio Fernandez Sanchez's Motion to Dismiss the Indictment. Dkt. 37. On September 26, 2018, the Government indicted Fernandez Sanchez on one count of illegal reentry in violation of 8 U.S.C. 1326(a). Dkt. 15. Fernandez Sanchez now moves this Court to dismiss the indictment against him on two grounds, both based on an allegedly invalid prior removal order, which is a necessary element...
MEMORANDUM OPINION MICHAEL F. URBANSKI , Chief District Judge . Edward Rogers, Jr., a Virginia inmate proceeding pro se , commenced this action pursuant to 42 U.S.C. 1983, alleging that the defendants failed to protect him from an assault by another inmate and delayed subsequent medical treatment. Defendants filed motions to dismiss and the matter is ripe for disposition. After reviewing the pleadings, the court grants defendants' motions to dismiss. I. Rogers alleges that on...
OPINION AND ORDER JAMES P. JONES , District Judge . The defendant was sentenced by this court to 87 months imprisonment by judgment entered November 1, 2017, following her guilty plea to conspiracy to possess with intent to distribute and distribute methamphetamine. She has now filed a pro se "Motion to Run Concurrent Sentencing." After her sentencing in this court, she was obtained by writ by a Virginia state court to answer for a probation violation and on August 13, 2019, received a...
OPINION AND ORDER JAMES P. JONES , District Judge . The defendant, Lisa Marie Casey, proceeding pro se, has filed a letter motion entitled "Motion for Immediate Relief." She again seeks compassionate release pursuant to 603(b) of the First Step Act of 2018. The court earlier denied a similar motion. United States v. Casey , No. 1:06CR00071, 2019 WL 1987311 (W.D. Va. May 6, 2019). The defendant complains of lack of medical treatment while she has been incarcerated. 1 She has been...
MEMORANDUM OPINION MICHAEL F. URBANSKI , Chief District Judge . This is an appeal of an order by the United States Bankruptcy Court for the Western District of Virginia pursuant to 28 U.S.C. 158(a)(1) and Fed. R. Bankr. P. 8001. On February 12, 2018, the bankruptcy court entered an order and memorandum opinion resolving the adversary proceeding and on March 12, 2018, the bankruptcy court granted appellants' motion to amend the bankruptcy court order. On March 26, 2018, appellants filed...
MEMORANDUM OPINION GLEN E. CONRAD , Senior District Judge . Plaintiff Diana Marie Salmons filed a five-count complaint against her former employer, Commercial Driver Services, Inc. ("CDS"). 1 Count I is a claim for sexual harassment and hostile work environment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq. ("Title VII"). Counts II and III allege claims of discriminatory and retaliatory constructive demotion and constructive discharge,...
OPINION AND ORDER JAMES P. JONES , District Judge . The plaintiff, Monta Orlando Jordan, a Virginia jail inmate proceeding pro se, filed this action under 42 U.S.C. 1983 and Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics , 403 U.S. 388 (1971). Now before me are a Motion to Dismiss for Failure to Prosecute and Jordan's response thereto. After review of the record, I conclude that the motion must be denied. In Jordan's Complaint, he alleges that the defendant law...
MEMORANDUM OPINION ELIZABETH K. DILLON , District Judge . At issue in this condemnation action brought by Mountain Valley Pipeline, LLC (MVP) is an attorney fee dispute that arose after the landowners in this case, defendants Lois King Waldron and Lois Mabel Waldron Martin, fired their attorneys. The Waldrons' former attorneys—Charles M. Lollar, Charles M. Lollar, Jr., and the law firm of Lollar Law, PLLC (Lollar Law or Lollar)— seek to recover fees from the Waldrons for work performed...
MEMORANDUM OPINION GLEN E. CONRAD , Senior District Judge . On October 8, 2018, plaintiff Raymond Mason filed a complaint against Lewis Contracting Services, LLC ("Lewis Contracting"). Mason brought claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq. , and the Age Discrimination in Employment Act, 29 U.S.C. 621, et seq. , which allegedly arose from events taking place in early 2017. On July 25, 2019, the Clerk of Court issued a scheduling letter...
ORDER MICHAEL F. URBANSKI , Chief District Judge . This matter was referred to the Honorable Robert S. Ballou, United States Magistrate Judge, pursuant to 28 U.S.C. 636(b)(3), for the purpose of conducting a plea hearing and a plea colloquy under Rule 11 of the Federal Rules of Criminal Procedure and preparing proposed findings of fact and a recommendation as to the acceptance of such plea as tendered. The Magistrate Judge filed a report and recommendation on November 13, 2019, ECF No....
