REPORT AND RECOMMENDATION JAMES P. MAZZONE , Magistrate Judge . I. Procedural History On February 23, 2017, the Plaintiff initiated this civil rights complaint against the above-named defendants regarding dental care, or the lack thereof, that he received at FCI Gilmer. In addition, the Plaintiff filed a Motion for Leave to Proceed in forma pauperis, together with a Prisoner Trust Account Report and Consent to Collection. On April 21, 2017, the Plaintiff was granted leave to proceed...
REPORT AND RECOMMENDATION MICHAEL JOHN ALOI , Magistrate Judge . I. Background On April 2, 2018, the pro se Petitioner, Ali Patterson ("Patterson") an inmate thenincarcerated at FCI Hazelton in Bruceton Mills, West Virginia, filed an Application for Habeas Corpus pursuant to 28 U.S.C. 2241, seeking an immediate transfer to a Residential Re-Entry Center ("RRC"). ECF No. 1. Along with his petition, Patterson filed an incomplete, unsigned Motion for Leave to Proceed in forma...
REPORT AND RECOMMENDATION MICHAEL JOHN ALOI , Magistrate Judge . I. Background On April 2, 2018, the pro se Petitioner, Ali Patterson ("Patterson") an inmate then-incarcerated at FCI Hazelton in Bruceton Mills, West Virginia, filed an Application for Habeas Corpus pursuant to 28 U.S.C. 2241, seeking an immediate transfer to a Residential Re-Entry Center ("RRC"). ECF No. 1. Along with his petition, Patterson filed an incomplete, unsigned Motion for Leave to Proceed in forma...
REPORT AND RECOMMENDATION ROBERT W. TRUMBLE , Magistrate Judge . I. INTRODUCTION On September 6, 2017, Anthony Vanzetti Thomas ("Petitioner"), proceeding pro se, filed a Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. Civil Action No. 3:17-CV-111, ECF No. 1; Criminal Action No. 3:16-CR-10, ECF No. 137. 1 Because Petitioner cannot meet the two-prong Strickland v. Washington test for ineffective assistance of counsel claims, the...
ORDER DISMISSING CASE JOHN PRESTON BAILEY , District Judge . Inasmuch as the mediator in this case has advised this Court that the parties have reached a settlement agreement on all matters in the above-styled action [Doc. 24], it is ORDERED that this civil action be, and the same is hereby, DISMISSED WITH PREJUDICE and retired from the docket of this Court, subject to reopening on motion of any party, and for good cause shown, within ninety (90) days. The parties need not submit any...
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER JOHN PRESTON BAILEY , District Judge . This is a civil action brought by the United States of America seeking civil penalties for violations of the Comprehensive Drug Abuse Prevention and Control Act, 21 U.S.C. 801, et seq., from defendant David M. Wasanyi. 1 The Controlled Substances Act provides for a civil penalty of up to $25,000 per violation of its provisions. 21 U.S.C. 842(c)(1). In determining the amount of civil penalties to be...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS COMPLAINT, DENYING PLAINTIFF'S MOTION TO AMEND, DENYING PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT AND DENYING PLAINTIFF'S MOTIONS FOR IMMEDIATE TRIAL AND ALTERNATIVE DISPUTE RESOLUTION FREDERICK P. STAMP, JR. , District Judge . I. Background This civil action arises out of alleged discriminatory and tortious acts that took place in 2017 while the pro se 1 plaintiff, Khallid Pierce, was a student at Bethany...
MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S MOTION FOR JUDGMENT OF ACQUITTAL OR NEW TRIAL [DKT. NO. 52] IRENE M. KEELEY , District Judge . On October 16, 2018, following a two-day trial, a jury found the Defendant, Willard Lee Moss, Jr. ("Moss"), guilty of unlawful possession of a firearm, in violation of 18 U.S.C. 922(g)(9) and 924(a)(2), as charged in the one-count indictment (Dkt. No. 44). Post trial, Moss sought to vacate his conviction or, alternatively, a new trial (Dkt. No....
ORDER OF DISMISSAL FREDERICK P. STAMP, JR. , District Judge . This Court has been advised that the matters in controversy in the above-styled civil action have been compromised and settled. Therefore, it is ORDERED that this civil action be, and the same is hereby, DISMISSED WITH PREJUDICE and retired from the docket of the Court, subject to reopening on motion of any party, and for good cause shown, within 90 days. The parties need not submit any additional proposed dismissal or other...
ORDER ADOPTING REPORT AND RECOMMENDATION GINA M. GROH , Chief District Judge . Now before the Court is the Report and Recommendation ("R&R") of United States Magistrate Judge Robert W. Trumble. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Trumble for submission of a proposed R&R. Magistrate Judge Trumble issued his R&R [ECF No. 13] on November 26, 2018. In his R&R, Magistrate Judge Trumble recommends that the Petitioner's 2241 petition [ECF No. 1]...
REPORT AND RECOMMENDATION ROBERT W. TRUMBLE , Magistrate Judge . I. INTRODUCTION On October 30, 2017, Petitioner Clarence Goree, an inmate at FCI Gilmer, acting pro se, filed a Petition for Habeas Corpus Pursuant to 28 U.S.C. 2241 (the "Petition"). ECF No. 1. 1 The matter is now before the undersigned United States Magistrate Judge for a Report and Recommendation to the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and LR PL P 2. For the reasons set forth below, this Court...
MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE FREDERICK P. STAMP, JR. , District Judge . I. Procedural History The pro se 1 petitioner, Marvin Leon Clair, filed a Petition for Habeas Corpus Under 28 U.S.C. 2241 (" 2241"). The action was referred to United States Magistrate Judge James P. Mazzone for initial review and report and recommendation pursuant to Local Rule of Prisoner Litigation Procedure 2. The magistrate judge...
MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE FREDERICK P. STAMP, JR. , District Judge . I. Procedural History The pro se 1 petitioner, Stephen Davis, Jr., filed a petition for habeas corpus under 28 U.S.C. 2241 (" 2241"). The action was referred to United States Magistrate Judge James P. Mazzone for initial review and report and recommendation pursuant to Local Rule of Prisoner Litigation Procedure 2. The magistrate judge...
ORDER ADOPTING REPORT AND RECOMMENDATION GINA M. GROH , Chief District Judge . On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation ("R&R") of United States Magistrate Judge Robert W. Trumble. ECF No. 19. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Trumble for submission of a proposed R&R. Magistrate Judge Trumble issued his R&R on October 25, 2018. In the R&R, he recommends that the Petitioner'...
ORDER ADOPTING REPORT AND RECOMMENDATION GINA M. GROH , Chief District Judge . On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation ("R&R") of United States Magistrate Judge Robert W. Trumble. ECF No. 19. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Trumble for submission of a proposed R&R. Magistrate Judge Trumble issued his R&R on October 25, 2018. In the R&R, he recommends that the Petitioner'...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, DENYING MOTIONS IN LIMINE AND MOTION TO AMEND/CORRECT CASE CAPTION AS MOOT FREDERICK P. STAMP, JR. , District Judge . I. Procedural History The pro se 1 plaintiff, Jason A. Perry ("Perry"), a state inmate, filed this civil rights matter pursuant to 42 U.S.C. 1983 against the defendants raising four claims: (1) unsafe work environment; (2) hostile work environment based on sexual preference; (3)...
MEMORANDUM OPINION AND ORDER DENYING DEFENDANT TK STANLEY, INC.'S MOTION FOR SUMMARY JUDGMENT [DKT. NO. 82], GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT [DKT. NO. 83], AND GRANTING DEFENDANT DEEPWELL ENERGY SERVICES, LLC'S MOTION FOR SUMMARY JUDGMENT [DKT. NO. 86] IRENE M. KEELEY , District Judge . This action for negligence arises out of a workplace incident resulting in bodily injury to the plaintiff, Charles Haas ("Haas"). Pending before the Court are cross-motions for...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, DENYING MOTIONS IN LIMINE AND MOTION TO AMEND/CORRECT CASE CAPTION AS MOOT FREDERICK P. STAMP, JR. , District Judge . I. Procedural History The pro se 1 plaintiff, Jason A. Perry ("Perry"), a state inmate, filed this civil rights matter pursuant to 42 U.S.C. 1983 against the defendants raising four claims: (1) unsafe work environment; (2) hostile work environment based on sexual preference; (3)...
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' MOTION TO REMAND AND DENYING WITHOUT PREJUDICE DEFENDANT'S MOTION TO DISMISS FREDERICK P. STAMP, JR. , District Judge . I. Background The plaintiffs, Stephen P. Schmitt and Tina Schmitt, originally filed their complaint in the Circuit Court of Marshall County, West Virginia against defendant Randolph Goff alleging personal injury and defendant State Farm Mutual Automobile Insurance Company ("State Farm") alleging breach of contract,...
ORDER DENYING MOTION FOR IMMEDIATE RELEASE JOHN PRESTON BAILEY , District Judge . This matter comes before this Court upon consideration of the pro se petitioner's Motion for Immediate Release [Doc. 42], filed December 7, 2018. On October 19, 2018, the United States Court of Appeals for the Fourth Circuit issued an opinion and judgment vacating this Court's Order Denying Petition for Writ of Habeas Corpus [Doc. 30] and remanding this case to this Court for further consideration in light...
