OTISO v. U.S., 2:09-cr-00251-02 (2015)

PROPOSED FINDINGS AND RECOMMENDATION DWANE L. TINSLEY , Magistrate Judge . Pending before the Court is Movant's Motion to Vacate, Set Aside, or Correct Sentence, pursuant to 28 U.S.C. 2255 (ECF No. 282, "Motion"). 1 This matter is assigned to the Honorable John T. Copenhaver, Jr., United States District Judge, and it is referred to the undersigned United States Magistrate Judge for submission of proposed findings and a recommendation for disposition, pursuant to 28 U.S.C. 636(b)(1)(B)...

STRICKLAND v. WEST VIRGINIA-AMERICAN WATER COMPANY, 2:14-14897. (2015)

ORDER JOHN T. COPENHAVER, Jr. , District Judge . For the reasons stated in its memorandum opinion and order in lead civil action No. 2:14-14845, entered on December 17, 2015 (ECF No. 70), the court ORDERS that Case No. 2:14-cv-14897, styled as Strickland v. West Virginia-American Water Company , be, and it hereby is, remanded to the Circuit Court of Kanawha County. The Clerk is directed to send a copy of this order to counsel of record and any unrepresented parties, along with Mark E....

WAGNER v. U.S., 2:11-cr-00126-01 (2015)

PROPOSED FINDINGS AND RECOMMENDATION DWANE L. TINSLEY , Magistrate Judge . Pending before the Court is Movant's Motion under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence, (ECF No. 35). 1 Movant, Evan Darnell Wagner (hereinafter "the defendant"), is serving a 63-month sentence, followed by a three-year term of supervised release, upon his guilty plea (Written Plea of Guilty, ECF No. 23), pursuant to a written plea agreement (Plea Agreement, ECF No. 24), to one count of being...

KENNERLY v. COLVIN, 2:15-cv-01540. (2015)

PROPOSED FINDINGS AND RECOMMENDATIONS CHERYL A. EIFERT , Magistrate Judge . This action seeks a review of the decision of the Commissioner of the Social Security Administration (hereinafter "Commissioner") denying Plaintiff's applications for a period of disability and disability insurance benefits ("DIB") and supplemental security income ("SSI") under Titles II and XVI of the Social Security Act, 42 U.S.C. 401-433, 1381-1383f. The matter is assigned to the Honorable Thomas E. Johnston,...

IN RE ETHICON, INC., PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION, 2:14-cv-19963 (2015)

IN RE ETHICON, INC., PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION, 2:15-cv-02798 (2015)

IN RE ETHICON, INC. PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION, 2:14-cv-19121. (2015)

IN RE ETHICON, INC. PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION, 2:14-cv-18522. (2015)

IN RE ETHICON, INC. PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION, 2:14-cv-12893. (2015)

IN RE ETHICON, INC. PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION, 2:14-cv-08099. (2015)

IN RE ETHICON, INC., PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION, 2:14-cv-19956. (2015)

MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . Pending before the court is a Motion to Dismiss with Prejudice filed by Ethicon, Inc. and Johnson & Johnson (collectively "Ethicon"). [ECF No. 10]. Plaintiff has not responded, and the deadline for responding has expired. Thus, this matter is ripe for my review Ethicon's Motion arises from this court's Order [ECF No. 8], entered on October 5, 2015, denying Ethicon's Motion for Sanctions, including monetary penalties,...

U.S. v. ROBERTS, 2:07-00062-01. (2015)

MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . On April 30, 2014, the United States Sentencing Commission submitted to Congress an amendment to the federal sentencing guidelines that reduces the guidelines applicable to drug trafficking offenses. Specifically, Amendment 782 reduces by two the offense levels assigned in the Drug Quantity Table, resulting in lower guideline ranges for most drug trafficking offenses. Amendment 782, sometimes called "drugs minus two" or...

COLLINS v. T.D. AUTO FINANCE, 1:15-07082. (2015)

MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . This matter is before the court on the court's sua sponte consideration of subject matter jurisdiction. This case was originally filed in the Circuit Court of McDowell County. On June 2, 2015, it was removed to this court. Thereafter, on June 29, 2015, plaintiff filed a "Withdrawal of Action From Federal Court" indicating that she "withdraws this action pursuant to the nonsuit of the original action filed in the...

U.S. v. PRICE, Case No 5:14-mj-0145. (2015)

MEMORANDUM OPINION AND ORDER R. CLARKE VanDERVORT , Magistrate Judge . Defendant was charged in three Violation Notices with (1) operating a motor vehicle while under the influence of alcohol to a degree which rendered him incapable of the safe operation of the motor vehicle in violation of 36 C.F.R. 4.23(a)(1); (2) driving under the influence of alcohol in violation of 36 C.F.R. 4.23(a)(2) 1 ; and (3) having an open container of an alcoholic beverage in a motor vehicle in violation of...

MOORE v. FERGUSON, 2:15-cv-04531. (2015)

MEMORANDUM OPINION AND ORDER DWANE L. TINSLEY , Magistrate Judge . Pending before the Court is Motion for Protective Order (ECF No. 27) filed by Defendant Marshall Independent Physicians, LLC, formerly known as Marshall Independent Physicians Services, LLC, and improperly identified as MESA of TeamHealth, Inc., (hereinafter MIP). 1 Plaintiffs' Response to Defendant Marshall Independent Physician, LLC's Motion for Protective Order (ECF No. 29) was filed on July 5, 2015. A Joiner in the...

DARDEN v. RICKARD, 1:15-07691. (2015)

MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . Pending before the court is petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. (Doc. No. 1). By Standing Order, this matter was referred to United States Magistrate Judge Cheryl A. Eifert for submission of findings and recommendations regarding disposition, pursuant to 28 U.S.C. 636(b)(1)(B). (Doc. No. 4). Magistrate Judge Eifert submitted to the court her Proposed Findings and...

U.S. v. PETTY, 1:13-00136-01. (2015)

MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . Pending before the court is defendant's motion, pursuant to 18 U.S.C. 3582(c)(2), to reduce his sentence based on a subsequent reduction in the applicable sentencing guideline. (Doc. No. 47). On April 30, 2014, the United States Sentencing Commission submitted to Congress an amendment to the federal sentencing guidelines that reduces the guidelines applicable to drug trafficking offenses. Specifically, Amendment 782...

U.S. v. WINEBUSH, 1:10-00185-01 (2015)

MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . Pending before the court are defendant's motions, pursuant to 18 U.S.C. 3582(c)(2), to reduce his sentence based on a subsequent reduction in the applicable sentencing guideline. (Docs. No. 415 and 419). On April 30, 2014, the United States Sentencing Commission submitted to Congress an amendment to the federal sentencing guidelines that reduces the guidelines applicable to drug trafficking offenses. Specifically,...

U.S. v. BLANKENSHIP, 5: 14-0244. (2015)

MEMORANDUM OPINION AND ORDER R. CLARKE VanDERVORT , Magistrate Judge . On December 8, 2015, Defendant filed a Motion to the District Judge to Amend the Conditions of his Release Pending Sentencing. (Document No. 541.) The United States filed its Response to Defendant's Motion to Modify Bond Conditions on December 16, 2015. (Document No. 557.) Defendant filed his Reply on December 18, 2015. (Document No. 560.) Defendant was initially charged by Four-Count Indictment on November 13, 2014. (...

DESIMONE HOSPITALITY SERVICES, LLC v. WEST VIRGINIA-AMERICAN WATER COMPANY, 2:14-14845 (2015)

MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, Jr. , District Judge . Pending is plaintiffs' consolidated objection to removal and for remand, filed May 30, 2014. I. Freedom Industries, Inc. ("Freedom") is a West Virginia corporation engaged primarily in the production of specialty chemicals for the mining, steel, and cement industries. It is also a leading supplier of freeze conditioning agents, dust control palliatives, flotation reagents, water treatment polymers, and other...