REPORT AND RECOMMENDATION MICHAEL JOHN ALOI , Magistrate Judge . I. BACKGROUND On March 23, 2016, pro se Petitioner, Jonathan P. Rose, an inmate at FCI Gilmer, filed a Habeas Corpus petition pursuant to 28 U.S.C. 2241 challenging the execution of his federal sentence in relation to a sentence imposed by the State of Michigan. ECF No. 1. On April 14, 2016, Petitioner was granted leave to proceed in forma pauperis. ECF No. 9.On April 14, 2016, this Court made a preliminary review of...
REPORT AND RECOMMENDATION ROBERT W. TRUMBLE , Magistrate Judge . I. INTRODUCTION On March 28, 2016, Plaintiff James Kenneth Tennant ("Plaintiff"), through counsel Jan Dils, Esq., filed a Complaint in this Court to obtain judicial review of the final decision of Defendant Carolyn W. Colvin, Acting Commissioner of Social Security ("Commissioner" or "Defendant"), pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. 405(g) (2015). (Compl., ECF No. 1). On May 23,...
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 (Dkt. No. 7). Defendant, Hannah Marie Elwell, in person and by counsel, Thomas Zimarowski, appeared before me on December 28, 2016, for an initial appearance, arraignment, and plea hearing. The Government...
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 (18). Defendant, Charles A. Hamlett, in person and by Federal Public Defender, Elizabeth Gross, appeared before the undersigned on December 28, 2016. The Government appeared by Assistant United States Attorney,...
REPORT AND RECOMMENDATION MICHAEL JOHN ALOI , Magistrate Judge . This matter comes before the undersigned magistrate judge pursuant to an Order of Referral (ECF No. 4), entered on July 6, 2016. I. Background On July 5, 2016, the pro se plaintiff initiated this case by filing a civil rights complaint against the above-named defendants. On July 7, 2016, the plaintiff was granted leave to proceed in forma pauperis, and summonses were sent to the United States Marshal Service for...
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 (ECF. No. 21). Defendant, Nyzhon Bell, in person and by counsel, William L. Pennington, appeared before me on December 21, 2016. The Government appeared by Assistant United States Attorney, Traci M. Cook. The...
AMENDED 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 (ECF No. 7). Defendant, Joseph Slamick, in person and by counsel, David Frame, appeared before me on December 9, 2016, for an initial appearance, arraignment, and plea hearing. The Government appeared...
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 (ECF No. 7). Due to an oversight, the Court's previous Plea to Information Order (ECF No. 40) is VACATED by this report and recommendation, which replaces that Order. Defendant, Joseph Slamick, in person and...
MEMORANDUM OPINION AND ORDER ADOPTING AND AFFIRMING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT FREDERICK P. STAMP, Jr. , District Judge . I. Procedural History The plaintiff, Charlie Goff Wagoner ("Wagoner"), filed an application for Supplemental Security Income Benefits under Title XVI of the Social Security Act. In the application, Wagoner alleged disability since April 30, 2012...
REPORT AND RECOMMENDATION ROBERT W. TRUMBLE , Magistrate Judge . I. INTRODUCTION On October 19, 2015, Plaintiff Charlie Goff Wagoner ("Plaintiff"), through counsel Jan Dils, Esq., filed a Complaint in this Court to obtain judicial review of the final decision of Defendant Carolyn W. Colvin, Acting Commissioner of Social Security ("Commissioner" or "Defendant"), pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. 405(g) (2015). (Compl., ECF No. 1). On...
MEMORANDUM OPINION AND ORDER ADOPTING AND AFFIRMING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, DENYING PETITIONER'S 2255 MOTION AND OVERRULING PETITIONER'S OBJECTIONS FREDERICK P. STAMP, Jr. , District Judge . The petitioner, Mark C. Busack ("Busack"), filed this pro se 1 motion under 28 U.S.C. 2255 challenging the validity of his conviction and sentence. This matter was referred to United States Magistrate Judge James E. Seibert under Local Rule of Civil Procedure 72.01. The...
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION [DKT. NO. 23], GRANTING RESPONDENT'S MOTION TO DISMISS [DKT. NO. 16], AND DENYING PETITION FOR HABEAS CORPUS PURSUANT TO 28 U.S.C. 2241 [DKT. NO. 1] IRENE M. KEELEY , District Judge . Pending before the Court is the Petition for Habeas Corpus Pursuant to 28 U.S.C. 2241 ("Petition") filed by the petitioner, Navarre Sowell ("Sowell"), on July 11, 2016 (Dkt. No. 1). In it, he alleges that the Federal Bureau of Prisons ("BOP")...
REPORT AND RECOMMENDATION JAMES E. SEIBERT , Magistrate Judge . I. Background On July 11, 2016, the pro se petitioner, an inmate incarcerated at FCI Hazelton in Bruceton Mills, West Virginia, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241, challenging the validity of the Bureau of Prisons' ("BOP") computation of his sentence. ECF No. 1. The Clerk of Court issued a Notice of Deficient Pleading, directing petitioner to file a motion to proceed as a pauper and...
ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 13], GRANTING RESPONDENT'S MOTION TO DISMISS [DKT. NO. 8], AND DENYING PETITION PURSUANT TO 28 U.S.C. 2241 [DKT. NO. 1] IRENE M. KEELEY , District Judge . On June 17, 2016, petitioner Truman Scott ("Scott"), by counsel, Edward Smith, Jr. ("Smith"), filed a "Petition for Writ of Actual Innocence/Petition for Writ of Habeas Corpus Under Title 28 Sections 2241" ("Petition") (Dkt. No. 1). Pursuant to Local Rule of Civil Procedure 72.01, the...
ORDER GRANTING SUMMARY JUDGMENT JOHN PRESTON BAILEY , District Judge . Pending before this Court are Defendant UTC Fire & Security Americas Corporation, Inc.'s Motion for Summary Judgment [Doc. 735] and Defendant Honeywell's Motion for Summary Judgment [Doc. 761]. Both motions have been fully briefed and are ripe for decision. Defendants UTC Fire and Security Americas Corporation, Inc. ("UTC") and Honeywell International, Inc. ("Honeywell") seek summary judgment on the issue of liability...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO REMAND [DKT. NO. 10] IRENE M. KEELEY , District Judge . On August 23, 2016, the plaintiff Cardinal Energy, LLC ("Cardinal"), filed this action in the Circuit Court of Marion County, West Virginia, against defendants Equitrans, LP ("Equitrans"), EQT Gathering, LLC ("EQT Gathering"), 1 and Curtis Yoak (Dkt. No. 1-1). On September 23, 2016, the defendants timely removed the case to this Court, citing federal question jurisdiction (Dkt. No. 1)....
ORDER GRANTING SUMMARY JUDGMENT JOHN PRESTON BAILEY , UNITED STATES DISTRICT JUDGE . Pending before this Court are Defendant UTC Fire & Security Americas Corporation, Inc.'s Motion for Summary Judgment [Doc. 735] and Defendant Honeywell's Motion for Summary Judgment [Doc. 761]. Both motions have been fully briefed and are ripe for decision. Defendants UTC Fire and Security Americas Corporation, Inc. ("UTC") and Honeywell International, Inc. ("Honeywell") seek summary judgment on the...
ORDER ADOPTING REPORT AND RECOMMENDATION JOHN PRESTON BAILEY , District Judge . 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. 6]. 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 November 30, 2016, wherein he recommends...
REPORT AND RECOMMENDATION JAMES E. SEIBERT , Magistrate Judge . I. INTRODUCTION The Plaintiff, Jason Chewing, a prisoner represented by counsel, brought a claim against several John Doe prison officials and the West Virginia Regional Jail & Correctional Facility Authority ("WVRJCFA"). The Defendants filed [ECF No. 2] a Motion to Dismiss based on two theories. First, it is improper to sue John Doe defendants. Second, the WVRJCFA is an improper defendant because it is not a person....
ORDER ADOPTING REPORT AND RECOMMENDATION JOHN PRESTON BAILEY , District Judge . On this day, the above-styled matter came before this Court for consideration of the Report and Recommendation of United States Magistrate Judge Michael John Aloi [Doc. 16]. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Aloi for submission of a proposed report and recommendation ("R&R"). Magistrate Judge Aloi filed his R&R on November 30, 2016, wherein he recommends this...
