PROPOSED FINDINGS AND RECOMMENDATION OMAR J. ABOULHOSN , District Judge . This is an action seeking review of the final decision of the Acting Commissioner of Social Security denying the Plaintiff's applications for Disability Insurance Benefits (DIB) under Title II and for Supplemental Security Income (SSI) under Title XVI of the Social Security Act, 42 U.S.C. 401-433, 1381-1383f. By Order entered July 11, 2019 (ECF No. 4), this case was referred to the undersigned United States...
PROPOSED FINDINGS AND RECOMMENDATIONS CHERYL A. EIFERT , District Judge . This action seeks a review of the decision of the Commissioner of the Social Security Administration (hereinafter "Commissioner") denying Plaintiff's application for a period of disability and disability insurance benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 401-433. The matter is assigned to the Honorable David A. Faber, United States District Judge, and was referred to the undersigned...
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. 40). This matter is assigned to the Honorable Robert C. Chambers, 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). PROCEDURAL...
PROPOSED FINDINGS AND RECOMMENDATION DWANE L. TINSLEY , Magistrate Judge . This matter is assigned to the Honorable Thomas E. Johnston, Chief 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). Pending before the court are a Motion to Dismiss filed by defendants Betsy Jividen and J.T. Binion (ECF No. 8) and a Motion to Dismiss and...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , District Judge . Pending is Petitioner Norma Brown Griffin's Petition for a Writ of Habeas Corpus under 28 U.S.C. 2254 [Doc. 2], filed March 20, 2019. This action was previously referred to United States Magistrate Judge Omar J. Aboulhosn for submission of proposed findings and a recommendation ("PF&R"). Magistrate Judge Aboulhosn filed his PF&R on November 21, 2019. Magistrate Judge Aboulhosn recommended that the Court (1) deny Respondent...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , District Judge . Pending are Defendant's Motion for Summary Judgment and Plaintiff's Motion for Partial Summary Judgment [Dckt. 26, 28], both filed July 30, 2019. Plaintiff Robert L. Johns, Trustee ("Trustee"), filed a Response on August 18, 2019 [Dckt. 33], and Defendant R & D Towing, Inc. ("R & D") replied on August 20, 2019 [Dckt. 35]. R & D filed a Response on August 18, 2019 [Dckt. 32], and the Trustee replied on August 20, 2019 [Dckt. 34]....
ORDER THOMAS E. JOHNSTON , District Judge . Pending before the Court is Plaintiff United Bank's ("Plaintiff") Motion for Default Judgment against Defendants East Coast Right of Way Maintenance, Inc. ("East Coast") and Robert W. Smith ("Smith") (collectively, "Defendants"). (ECF No. 22.) For the reasons discussed below, the Court GRANTS the motion. Plaintiff filed the instant action on June 21, 2019, alleging breach of contract claims against Defendants for its default on three (3)...
MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR. , Senior District Judge . Pending are (1) defendants Josh Shrewsbery, Sandra May, Dr. Lye, and Wexford Health Sources, Inc.'s motion to dismiss, filed June 5, 2019; (2) and defendants Dr. Thistlethwaite and PSIMED, Inc.'s motion to join in the other defendants' motion to dismiss, filed October 18, 2019. This matter having been referred to United States Magistrate Judge Dwane L. Tinsley pursuant to 28 U.S.C. 636(b)(1)(B), he filed his...
MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR. , Senior District Judge . This matter having been referred to United States Magistrate Judge Dwane L. Tinsley pursuant to 28 U.S.C. 636(b)(1)(B), he filed his Proposed Findings and Recommendations on April 4, 2019 and October 30, 2019. Magistrate Judge Tinsley recommends that the court (1) dismiss the claims against defendants C.O. Allen and C.O. Perry without prejudice for failure to effect service of process, pursuant to Rule 4(m)...
MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR. , District Judge . The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Omar J. Aboulhosn, filed October 1, 2019; and the magistrate judge having recommended that the court deny movant's motion under 28 U.S.C. 2255 to vacate, set aside, or correct sentence by a person in federal custody, filed November 16, 2016, and remove this matter from the court's docket; and no objection having been...
MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . On October 30, 2019, this court DISSOLVED the Order of Immediate Suspension of Registration ("ISO") issued by the United States Drug Enforcement Administration ("DEA") pursuant to 21 U.S.C. 824(d)(1) of Oak Hill Hometown Pharmacy's ("the Pharmacy") registration to dispense controlled substances. [ECF No. 17]. On November 27, 2019, the respondents, Uttam Dhillon and the DEA, filed a Motion to Alter or Amend that October...
MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . This action was referred to United States Magistrate Judge Dwane L. Tinsley for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. 636(b)(1)(B). On November 21, 2019, Magistrate Judge Tinsley submitted the Proposed Findings of Fact and Recommendation [ECF No. 27] ("PF&R"), recommending the court grant defendants, City of Nitro Police Department and Sgt. Raynes's,...
MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . Pending before the court is a motion to extend time to respond to plaintiff's complaint filed by certain defendants in this matter, the "Walgreens defendants". (ECF No. 54). In support of their motion to extend time, defendants inform the court that this matter was included on Conditional Transfer Order No. 115 which would transfer the case to the multidistrict litigation, MDL 2804, currently pending in the Northern...
MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR. , Senior District Judge . The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Cheryl A. Eifert, entered on November 12, 2019; and the magistrate judge having recommended that the court dismiss the plaintiff's complaint, without prejudice, pursuant to Rule 4(m) of the Federal Rules of Civil Procedure for failure to serve the defendant timely; and no objection having been filed to the...
MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR. , Senior District Judge . The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Dwane L. Tinsley, entered on November 6, 2019; and the magistrate judge having recommended that the court deny without prejudice the defendants' Motion to Dismiss for Failure to Prosecute (ECF No. 30) and the defendants' Motion for Summary Judgment (ECF No. 31), and that the court deny as moot the plaintiff's...
MEMORANDUM OPINION CHERYL A. EIFERT , Magistrate Judge . This is an action seeking review of the decision of the Commissioner of the Social Security Administration (hereinafter the "Commissioner") denying Plaintiff's application for disability insurance benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 401-433. The case is presently before the court on the plaintiff's motion for judgment on the pleadings, seeking, inter alia, reversal and remand of the...
MEMORANDUM OPINION AND JUDGMENT ORDER DAVID A. FABER , Senior District Judge . Pending before the Court is defendant's motion to reduce his sentence based upon the First Step Act of 2018. (ECF No. 221). On December 21, 2018, the First Step Act was signed into law. See Pub. L. No. 115-391, 132 Stat. 5194 (2018). The First Step Act applies the relief provided in the Fair Sentencing Act of 2010, which reduced the disparity in the treatment of crack and powder cocaine offenses,...
MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR. , Senior District Judge . Pending are (1) a motion to dismiss or alternatively transfer venue of the interpleader complaint, filed May 30, 2019 by defendants World Global Capital, LLC, Green Capital Funding, LLC, and MCA Recovery, LLC (collectively the "New York Defendants"), (2) a motion for remand, filed June 7, 2019 by defendant MBH Highland, LLC ("Highland"), a hospital, (3) a motion to realign the parties, filed June 20, 2019 by...
MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . In Bluefield, on December 18, 2019, came the defendant Eric Childress, in person and by counsel, Derrick Lefler, Esquire, and came the United States by Kathleen Robeson, Assistant United States Attorney, for the purpose of considering the defendant's plea of guilty to the Information, charging him with making a false entry in or willful concealment of labor union books and records, in violation of Title 29, United States...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , District Judge . Pending are Plaintiff Westfield Insurance Company's Petition for Award of Attorney Fees and Expenses [Doc. 32], filed September 6, 2019, and Defendant David Honaker's letter-form motion [Doc. 34], filed October 2, 2019. The filings were referred to United States Magistrate Judge Omar J. Aboulhosn for submission of proposed findings and a recommendation ("PF&R"). Magistrate Judge Aboulhosn filed his PF&R on November 25, 2019....
