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https://www.courtlistener.com/api/rest/v3/opinions/7224358/ | *864DECISION AND ORDER
RUDOLPH T. RANDA, District Judge.
This case requires the Court to decide the limits that government can place on First Amendment political speech. It comes to the Court with more than the usual urgency presented by First Amendment cases because the defendants seek to criminalize the plaintiffs’ s... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217473/ | MEMORANDUM **
Andres Ernesto Hernandez appeals pro se the judgment dismissing his civil rights action as time-barred. We have jurisdiction under 28 U.S.C. § 1291. We review the district court’s decision that a claim is barred by the statute of limitations de novo. Santa Maria v. Pacific Bell, 202 F.3d 1170, 1175 (9th C... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217474/ | MEMORANDUM **
Omero Irael Diaz-Castillo, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an Immigration Judge’s denial of his application for asylum and withholding of deportation. Because the transitional rules apply, see Kalaw ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217475/ | MEMORANDUM**
Francisco Humberto Hernandez, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s denial of his motion to terminate removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. See Ocampo-Duran v. Ashcroft, 2... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217476/ | MEMORANDUM**
Jonas Yuri Perez-Baten, and Griselda Carolina De Leon-Perez, husband and wife, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying asylum and withholding of deportation. Because the tr... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217477/ | MEMORANDUM **
*812Taxpayer Edward K. Metcalf appeals pro se the tax court’s order denying his claim for overpayment of taxes on his individual retirement account (“IRA”) income for the 1996 tax year. We have jurisdiction to review the final order of the tax court under 26 U.S.C. § 7482. We review the tax court’s legal ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217478/ | MEMORANDUM* AND ORDER
Kwang-Wei Han (“Han”) appeals pro se, via the Bankruptcy Appellate Panel, the Bankruptcy Court’s order authorizing the sale of real property belonging to a corporation in which Han is the sole shareholder. We dismiss the appeal, because the real property has been sold to a third party and that sal... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217479/ | MEMORANDUM* AND ORDER
Kwang-Wei Han (“Han”) appeals pro se, via the Bankruptcy Appellate Panel, the Bankruptcy Court’s order authorizing the sale of real property belonging to a corporation in which Han is the sole shareholder. We dismiss the appeal, because the real property has been sold to a third party and that sal... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217480/ | MEMORANDUM*
Petitioner relied on the district court’s incorrect advice and is thus entitled to equitable tolling during the time his first federal petition was pending. See Smith v. Ratelle, 323 F.3d 813, 819 (9th Cir.2003) (finding equitable tolling where the district court “provided a misleading explanation of [petit... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217481/ | MEMORANDUM *
Appellant LaSonia Mansfield challenges the district court’s grant of summary judgment in favor of appellee City and County of San Francisco on her claims that she was terminated because of her race and in *814retaliation for complaints of continuing discrimination in violation of Title VII of the Civil Rig... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217482/ | MEMORANDUM**
The government appeals the district court’s grant of an eleven-month downward departure in defendant Leonardo Martinez-Lorenzo’s sentence. We vacate the sentence and remand for resentencing.
The district court has discretion in deciding to depart from the Sentencing Guidelines in certain circumstances. See... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217483/ | MEMORANDUM**
James K. Boaz appeals the dismissal of his malicious prosecution suit against the defendant, arguing that the district court incorrectly applied Michigan law, rather than California law. California law applies in light of California’s interest in protecting its citizens, including Boaz, from malicious pros... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224360/ | ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS
CHARLES R. BREYER, UNITED STATES DISTRICT JUDGE
Plaintiff Debra Dornell (“Dornell”) sued her former employer Defendant City of San Mateo (“City”) for gender discrimination and retaliation in violation of Title VII, 42 U.S.C. § 2000 et seq. (“Title VII”), and ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217484/ | MEMORANDUM**
Luis Rey Garcia appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2241. We have jurisdiction under 28 U.S.C. § 2253 and we affirm.
We review a district court’s denial of a petition for a writ of habeas corpus de novo. Wade v. Terhune, 202 F.3d 1190, 1194 (9th... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217485/ | MEMORANDUM**
Juan Jose Barrera alleges that his guilty plea should be set aside as involuntary due to the district court’s denial of his request for substitution of counsel. Although Barrera waived his right to appeal, “[wjaivers of appeal must stand or fall with the agreement of which they are a part.” *818United Stat... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217486/ | ORDER
Judges Reinhardt and Hawkins have voted to grant the petition for rehearing and to deny the petition for rehearing en banc. Judge Rawlinson votes to deny the petition for rehearing and for rehearing en banc. The memorandum disposition filed on October 12, 2001, in this case is WITHDRAWN and superceded by a new di... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217487/ | MEMORANDUM**
Robert Randall Boswell appeals from his judgment and sentence for conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. § 846. Boswell claims he was denied his Sixth Amendment right to counsel when the government based its refusal to move for a downward departure under U.S.S.... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217488/ | MEMORANDUM***
Petitioner contends that the BIA abused its discretion by not exercising its sua *820sponte authority under 8 C.F.R. § 3.2(a) to reopen the deportation proceeding. Because we do not have jurisdiction to review the BIA’s refusal to reopen sua sponte, see Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002); ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217489/ | MEMORANDUM**
California state prisoner Mitchell Moore appeals pro se the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition as time-barred. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(a). Reviewing de novo, Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), we reverse and remand in par... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217490/ | MEMORANDUM**
Marciano Pangilinan Dimacali, a native and citizen of the Philippines, petitions this court to reverse the decision of the Board of Immigration Appeals (“BIA”) that he is ineligible for asylum, 8 U.S.C. § 1101(a)(42)(A), and for withholding of deportation. We must uphold the BIA’s decision if it is support... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217544/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM.
Dora P. Pettiford appeals the jury verdict in favor of her former employer, the North Carolina Department of Health and Human Resources, in her civil action in which she alleged retaliatory treatment based upon her complaints of racial discrimination. We have revi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224361/ | ORDER DENYING DEFENDANTS’ MOTION TO DISMISS
THELTON E. HENDERSON, JUDGE, UNITED STATES DISTRICT COURT
Defendants’ motion to dismiss came before the Court on November 4, 2018. Having considered the parties’ arguments and the papers submitted, the Court now DENIES Defendants’ motion for the reasons set forth below.
BACK... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224363/ | ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
SUSAN ILLSTON, United States District Judge
Cross-motions for summary judgment by plaintiff/counterdefendant Ariosa Diagnostics, Inc. and defendant/counterclaim-ant Sequenom, Inc. came on for oral argument on Octo... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217491/ | MEMORANDUM *
Substantial evidence supports the jury’s finding by special verdict that Mary J. Kling’s copyright claim against the defendants is barred by the Copyright Act’s three-year statute of limitations. See 17 U.S.C. § 507(b). Although damages caused by copyright infringements during the three years immediately p... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217492/ | MEMORANDUM***
Lois Wallace appeals the district court’s judgment affirming the administrative law judge’s (ALJ) decision to deny social security disability benefits. We have jurisdiction under 28 U.S.C. § 1291 and affirm.
We review the ALJ’s decision to deny social security benefits to ensure it is supported by substan... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217493/ | MEMORANDUM***
Lester McKee appeals the district court’s decision affirming the Commissioner of Social Security’s denial of his application for disability benefits under the Social Security Act. McKee argues the record does not support the Commissioner’s finding that McKee could perform his past relevant work.
‘We revie... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217495/ | MEMORANDUM **
Lucio Mejia-Leal appeals the 77-month sentence imposed following his guilty-plea conviction for illegal reentry following removal under 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), and we vacate and remand.
Mejia-Leal contends, among other things, that the gover... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217497/ | ORDER
The parties having so agreed, it is ORDERED that the proceeding is DISMISSED under Fed. R.App. P. 42(b). | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217545/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM.
Bobby Forrester Spoone, Jr., appeals the district court’s orders denying his motion to alter or amend a presentence investigation report and denying his motion for reconsideration. We have reviewed the record and find no reversible error. Accordingly, we affirm fo... | 01-04-2023 | 07-25-2022 |
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