REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE MICHAEL JOHN ALOI , Magistrate Judge . This matter has been referred to the undersigned Magistrate Judge by the District Court for purposes of conducting proceedings pursuant to Federal Rule of Criminal Procedure 11. Defendant, Ceressa Patterson, in person and by counsel, Scott Shough, appeared before me on December 17, 2015. The Government appeared by Assistant United States Attorney, Sarah Montoro. The Court determined...
REPORT AND RECOMMENDATION/OPINION MICHAEL JOHN ALOI , Magistrate Judge . Sylvia E. Beverlin ("Plaintiff") brought this action pursuant to 42 U.S.C. 405(g) for judicial review of the final decision of the defendant, Commissioner of the Social Security Administration ("Defendant," and sometimes "the Commissioner"), denying Plaintiff's claim for disability insurance benefits ("DIB") under Title II of the Social Security Act. The matter is awaiting decision on cross motions for summary...
ORDER ADOPTING REPORT AND RECOMMENDATION JOHN PRESTON BAILEY , District Judge . I . INTRODUCTION On this day, the above-styled matter came before this Court for consideration of the Report and Recommendation of United States Magistrate Judge James E. Seibert. [Doc. 17]. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Seibert for submission of a proposed report and recommendation ("R&R"). Magistrate Judge Seibert filed his R&R on October 19, 2015,...
REPORT AND RECOMMENDATION ROBERT W. TRUMBLE , Magistrate Judge . This pro se Petition for Writ of Habeas Corpus was filed pursuant to 28 U.S.C. 2241 by Jamaal Lewis (Petitioner) while he was incarcerated at Hazelton Federal Correctional Institution in Bruceton Mills, West Virginia. Petitioner challenges his military conviction arising out of a general court-martial that took place at Fort Lewis in the state of Washington. Petitioner asserts two grounds for granting relief: first, the...
MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE FREDERICK P. STAMP, Jr. , District Judge . I. Background The pro se 1 plaintiff, a state inmate, instituted this civil action pursuant to 42 U.S.C. 1983 (" 1983"). ECF No. 1. In his complaint, the plaintiff takes issue with the denial of his parole. He blames the defendants for that denial. In particular, he believes that the defendants failed to properly prepare the necessary...
REPORT AND RECOMMENDATION JAMES E. SEIBERT , Magistrate Judge . On June 3, 2015, the pro se plaintiff Jonathon Scott Bourne ("plaintiff"), an inmate incarcerated at St. Marys Correctional Center ("SMCC") in St. Marys, West Virginia, initiated this case by filing a filing a civil rights complaint pursuant to 42 U.S.C. 1983 along with a motion to proceed as a pauper and supporting documents. By Order entered June 8, 2015, the plaintiff was granted permission to proceed as a pauper and...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS FREDERICK P. STAMP, Jr. , District Judge . I. Background The plaintiff in this civil action, CSX Transportation, Inc. ("CSX"), asserts a claim for declaratory relief. In 2001, the defendant, Robert L. Phillips ("Phillips"), filed an action against CSX for asbestos-related injury, which ultimately settled in 2003. In September 2015, Phillips filed a second civil action in state court for compensatory damages due to lung...
ORDER ACCEPTING AND ADOPTING MAGISTRATE JUDGE'S REPORT & RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE (DKT. NO. 649) AND SCHEDULING SENTENCING HEARING. IRENE M. KEELEY , District Judge . On December 11, 2015, the defendant, Raheem Cuffee ("Cuffee"), appeared before United States Magistrate Judge Michael J. Aloi and moved for permission to enter a plea of GUILTY to Count Thirty-Five of the Indictment. After Cuffee stated that he understood that the magistrate judge is not a...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE MICHAEL JOHN ALOI , Magistrate Judge . This matter has been referred to the undersigned Magistrate Judge by the District Court for purposes of conducting proceedings pursuant to Federal Rule of Criminal Procedure 11. Defendant, Raheem Cuffee, in person and by counsel, Michael Sharley, appeared before me on December 11, 2015. The Government appeared by Assistant United States Attorney, Zelda E. Wesley. The Court determined...
MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S MOTION TO STRIKE, GRANTING DEFENDANT'S MOTION TO DISMISS AND PERMITTING PLAINTIFFS TO FILE A SECOND AMENDED COMPLAINT FREDERICK P. STAMP, JR. , UNITED STATES DISTRICT JUDGE . This case is about a washing machine and the products liability suit it inspired. After years of use, the plaintiffs allege that they found their washer had developed a "biofilm" that ruined their clothing and emitted noxious fumes. They filed this class action...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS JOHN PRESTON BAILEY , District Judge . Currently pending before this Court are Defendant Sears Holding Corporation's ("Sears") Motion to Dismiss [Doc. 3], filed on January 23, 2015, and Plaintiff Billy E. Prince's ("Prince") Motion to Remand [Doc. 12], filed on February 16, 2015. Plaintiff filed a Motion to Remand [Doc. 12] and Response in Opposition to Sears' Motion to Dismiss in conjuncture with his Memorandum in Support...
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFFS' MOTION TO RECONSIDER FREDERICK P. STAMP, Jr. , Senior District Judge . I. Background 1 The plaintiffs filed this civil action in this Court on May 22, 2014. The plaintiffs' causes of action included the following: (1) trespass; (2) conspiracy to violate the plaintiffs' civil rights; (3) improperly denying the plaintiffs' applications for video lottery and liquor licenses; and (4) false arrest for false swearing. The plaintiffs alleged...
MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 13], DENYING 2255 MOTION [DKT. NO. 1], AND DISMISSING CASE WITH PREJUDICE IRENE M. KEELEY , District Judge . Pending before the Court is the Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence (Dkt. No. 1) filed by the petitioner, Alice Rice ("Rice"). Also pending is the Report and Recommendation ("R&R") of the Honorable James E. Seibert, United States Magistrate Judge, recommending that Rice's...
MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND OVERRULING THE PLAINTIFF'S OBJECTIONS FREDERICK P. STAMP, Jr. , District Judge . I. Background The pro se 1 plaintiff filed this civil action under Bivens v. Six Unknown Agents of Federal Bureau of Narcotics , 403 U.S. 388 (1971) (" Bivens "), alleging that his constitutional rights were violated. While at FCI Hazelton, the plaintiff alleges that the prison staff found the...
REPORT AND RECOMMENDATION JAMES E. SEIBERT , Magistrate Judge . On December 24, 2014, the pro se plaintiff, an inmate then-incarcerated at USP Hazelton 1 in Bruceton Mills, West Virginia, initiated this action by filing a Bivens 2 civil rights complaint against the above-named defendants; a motion to proceed as a pauper with supporting documents; and a motion for leave to file excess pages. By Order entered December 31, 2014, the plaintiff was granted permission to proceed as a...
ORDER GRANTING PLAINTIFF'S MOTION TO EXTEND DISCOVERY DEADLINE AND DISPOSITIVE MOTION DEADLINE AND GRANTING PLAINTIFF'S MOTION IN LIMINE TO PROHIBIT DEFENDANT FROM CALLING ANY EXPERT WITNESSES JOHN PRESTON BAILEY , District Judge . Pending before this Court are the Plaintiff's Motion to Extend Discovery Deadline and Dispositive Motion Deadline [Doc. 40] and Plaintiff's Motion in Limine to Prohibit Defendant from Calling any Expert Witnesses [Doc. 39]. This Court will grant...
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S MOTION TO REMAND FREDERICK P. STAMP, Jr. , District Judge . I. Background The plaintiff originally filed her complaint in the Circuit Court of Ohio County, West Virginia. ECF No. 1. The plaintiff is a citizen of West Virginia. Defendant Pike Electric, LLC ("Pike Electric") is a limited liability company that maintains its principal place of business in North Carolina. Defendant James A. Dillon ("Dillon"), allegedly an employee of Pike...
MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND OVERRULING THE PETITIONER'S OBJECTIONS FREDERICK P. STAMP, Jr. , District Judge . I. Background The pro se 1 petitioner filed his petition under 28 U.S.C. 2241 (" 2241"). The petitioner was charged with conspiracy to possess with intent to distribute cocaine and attempted possession with intent to distribute cocaine in violation of 21 U.S.C. 846. On October 8, 1998 in the...
REPORT AND RECOMMENDATION JAMES E. SEIBERT , Magistrate Judge . On February 23, 2015, the pro se petitioner, Kevin B. Lockhart ("Lockhart"), an inmate incarcerated at FCI Gilmer in Glenville, West Virginia, initiated this case by filing a petition pursuant to 28 U.S.C. 2241 and paid the filing fee. On February 24, 2015, the undersigned reviewed the substance of the petition and determined that summary dismissal was not warranted. Accordingly, an Order to Show Cause was issued against...
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S MOTION TO REMAND GINA M. GROH , District Judge . Currently pending before the Court is the Plaintiff's Motion to Remand [ECF No. 12], filed on May 18, 2015. Both Defendants filed their Responses in Opposition [ECF Nos. 21 and 22] on June 1, 2015. On June 8, 2015, the Plaintiff filed her Reply [ECF No. 26]. The Court notes that there are dispositive motions pending in this case. 1 For the reasons set forth below, the Court GRANTS the...
