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 J. Aloi [Doc. 17]. 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 entered his R&R on December 5, 2017, wherein he recommends this...
REPORT AND RECOMMENDATION ROBERT W. TRUMBLE , Magistrate Judge . I. INTRODUCTION This case arises from the denial of Plaintiff Christopher Patrick Simmons' ("Plaintiff") Title II application for a period of disability and disability insurance benefits ("DIB") and Title XVI application for supplemental security income ("SSI"). After Plaintiff's application proceeded through the administrative process, a United States Administrative Law Judge Brian P. Kilbane ("the ALJ") concluded that...
REPORT AND RECOMMENDATION JAMES E. SEIBERT , Magistrate Judge . I. INTRODUCTION On June 9, 2017, the pro se Petitioner Warner B. Crider ("Petitioner") filed an Application for Habeas Corpus pursuant to 28 U.S.C. 2241. Petitioner is a federal inmate who is housed at FCI Hazelton and is challenging the validity of his sentence imposed in the United States District Court for the Eastern District of Michigan. On November 2, 2017, the Respondent was directed to file an answer. On November...
REPORT AND RECOMMENDATION MICHAEL J. ALOI , Magistrate Judge . I. Background On June 20, 2017, Samuel Lewaco Clay ("Petitioner"), an inmate at FCI Gilmer in Glenville, West Virginia, filed a pro se petition for habeas corpus pursuant to 28 U.S.C. 2241 challenging the validity of his enhanced sentence in the United States District Court for the Eastern District of Kentucky. ECF No. 1. Along with his petition, Clay filed a Motion to Correct Sentence Pursuant to Actual Innocence of...
REPORT AND RECOMMENDATION JAMES E. SEIBERT , Magistrate Judge . I. INTRODUCTION On August 8, 2017, the Grand Jury named Defendant in a four-count indictment. Count One of the indictment charges him with conspiracy to possess with intent to distribute and to distribute methamphetamine. Counts Two and Three charge him with distribution of methamphetamine. Count Four charges him with being a prohibited person in possession of a firearm. There is also a forfeiture allegation. The Defendant...
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. 769). Defendant, Jayla Shade, in person and by counsel, Scott S. Radman, appeared before me on December 21, 2017. The Government appeared by Assistant United States Attorney, Zelda E. Wesley. The Court...
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. 18). Defendant, Rocmond Lewis, Sr., in person and by Federal Public Defender, Brian Kornbrath, appeared before me on December 14, 2017. The Government appeared by Assistant United States Attorney,...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE MICHAEL JOHN ALOI , District 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. 17). Defendant, David Leon Turner, in person and by Federal Public Defender, Brian Kornbrath, appeared before me on December 11, 2017. The Government appeared by Assistant United States Attorney, Zelda...
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE (DKT. NO. 25), ACCEPTING GUILTY PLEA, AND SCHEDULING SENTENCING HEARING IRENE M. KEELEY , District Judge . On December 7, 2017, the defendant, Roger Dale Lamar ("Lamar"), appeared before United States Magistrate Judge Michael J. Aloi and moved for permission to enter a plea of GUILTY to Count One of the Indictment. After Lamar 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 (ECF. No. 17). Defendant, Roger Dale Lamar, in person and by Federal Public Defender, Brian J. Kornbrath, appeared before me on December 7, 2017. The Government appeared by Assistant United States Attorney,...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS [DKT. NO. 8] AND DISMISSING COMPLAINT WITH PREJUDICE IRENE M. KEELEY , District Judge . The plaintiff, Billy E. Prince ("Prince"), filed a complaint on August 16, 2017, in which he alleged that the defendants had breached certain fiduciary duties owed to him under ERISA (Dkt. No. 1). Now pending is the motion to dismiss filed by the defendants, Sears Holdings Corporation ("Sears"), Sears Holdings Corporation...
REPORT AND RECOMMENDATION MICHAEL J. ALOI , Magistrate Judge . I. Background On March 30, 2017, Mischa Walker ("Petitioner"), an inmate at FCI Hazelton in Bruceton Mills, West Virginia, filed a pro se petition for habeas corpus pursuant to 28 U.S.C. 2241 challenging the validity of his enhanced sentence in the United States District Court for the District of Maryland. Pursuant to a Notice of Deficient Pleading, on April 27, 2017, Petitioner paid the $5.00 filing fee. On June 5,...
MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE FREDERICK P. STAMP, JR. , District Judge . I. Background The pro se 1 plaintiff, Frank Hargrove, initiated this case by filing a complaint in the United States District Court for the District of Columbia, pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. 2671, et seq. The defendants then filed a motion to transfer the case to this Court. The United States District Court for...
MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE; GRANTING DEFENDANT'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT; AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FREDERICK P. STAMP, JR. , District Judge . I. Background The pro se 1 plaintiff, Ray Blanchard, initiated this case by filing a complaint pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. 2671, et seq. , alleging that he was denied...
MEMORANDUM OPINION IN SUPPORT OF ORDER GRANTING MOTION TO INTERVENE [DKT. NO. 67] IRENE M. KEELEY , District Judge . During an evidentiary hearing on November 28, 2017, the Court GRANTED the Motion to Intervene filed by the West Virginia State Tax Department ("the State"). As indicated in its November 30, 2017, Order Granting Motion to Intervene, this written opinion sets forth the Court's reasoning in support of that decision. I. BACKGROUND A. Procedural Background On May 10, 2017,...
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 Robert W. Trumble [Doc. 18]. Pursuant to this Court's local rules, this action was referred to Magistrate Judge Trumble for submission of a proposed report and recommendation ("R&R"). Magistrate Judge Trumble filed his R&R on August 25, 2017, wherein he recommends...
ORDER GRANTING DEFENDANTS' MOTION FOR EXPEDITED SCHEDULING CONFERENCE [DKT. NO. 45] AND MOTION TO EXPEDITE [DKT. NO. 46] IRENE M. KEELEY , District Judge . The plaintiffs, Sanofi-Aventis U.S. LLC, Sanofi-Aventis Deutschland GmbH, and Sanofi Winthrop Industrie (collectively, "Sanofi"), commenced this second-filed Hatch-Waxman case on October 26, 2017, by filing a complaint against the defendants, Mylan N.V., Mylan GmbH, Mylan Inc., and Mylan Pharmaceuticals Inc. (collectively, "Mylan") (...
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S MOTION TO VACATE ARBITRATION AWARD, GRANTING DEFENDANTS' MOTION TO CONFIRM ARBITRATION AWARD AND FOR ENTRY OF FINAL JUDGMENT, CONFIRMING ARBITRATION AWARD, DENYING PLAINTIFF'S MOTION TO EXPEDITE RULING ON PENDING MOTION TO VACATE ARBITRATION AWARD AS MOOT AND DISMISSING DEFENDANTS' MOTION TO DISMISS AS MOOT FREDERICK P. STAMP, JR. , District Judge . The plaintiff, Weirton Medical Center, Inc. ("Weirton"), asks this Court to vacate an...
MEMORANDUM OPINION AND ORDER DISMISSING DEFENDANT COMMUNITY HEALTH SYSTEMS, INC. FOR LACK OF PERSONAL JURISDICTION AND DENYING WITHOUT PREJUDICE PLAINTIFF'S REQUEST TO TRANSFER FREDERICK P. STAMP, JR. , District Judge . Pending for consideration is whether this Court may exercise personal jurisdiction over defendant Community Health Systems, Inc. ("CHSI"). During the briefing of the motion to vacate an arbitration award filed by Weirton Medical Center, Inc. ("Weirton") (ECF No. 30),...
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION AND MOTION TO STAY PROCEEDINGS TO ENFORCE JUDGMENT FREDERICK P. STAMP, JR. , District Judge . I. Background The pro se 1 plaintiff, Coleen D. Sabatino, filed a complaint and motion for a temporary restraining order to prevent the foreclosure sale of property situated at 2083 Pinecrest Drive, Morgantown, Monongalia County, West Virginia. The defendants filed a motion to dismiss the complaint, to which the...
