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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 |
https://www.courtlistener.com/api/rest/v3/opinions/7224364/ | ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
DEAN D. PREGERSON, District Judge.
Before the court is Defendant Action Express, LLC (“Action Express”)’s Motion for Summary Judgement, or in the Alternative, for Partial Summary Judgement. (Dkt. No. 20.) The motion is fully briefed and suitable for decision withou... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217500/ | ORDER
The petitioner having failed to pay the docketing fee required by Federal Circuit Rule 52(a)(1) within the time permitted by the rules, it is
ORDERED that the petition for review be, and the same hereby is, DISMISSED, for failure to prosecute in accordance with the rules. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217502/ | Judgment
PER CURIAM.
This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217503/ | JUDGMENT
PER CURIAM.
This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217504/ | PER CURIAM.
John DeMontmollin appeals the judgment of the Court of Appeals for Veterans Claims (“Veterans Court”), granting the government’s motion to dismiss and denying his motion to recall mandate and vacate a previous judgment. DeMontmollin v. Principi No. 01-1061, 2002 WL 714123 (Vet.App. Feb. 27, 2002). Because t... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217505/ | PER CURIAM.
After Staff Sergeant Sheldon Lamar Hunt (“Sgt. Hunt”) submitted a signed Request for Disposition Prior to Graduation, indicating his voluntary resignation from the Army’s Officer Candidate School (“OCS”), he brought this action in the Court of Federal Claims seeking back pay for six years active duty in the... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217507/ | PER CURIAM.
Mr. DiManni appeals the dismissal of his case by the Merit Systems Protection Board (Board) for lack of jurisdiction and for failure to state a claim upon which relief can be granted. DiManni v. R.I. Army Nat’l Guard, No. BN3443010092-I-1, 2002 WL 1370667 (M.S.P.B. June 14, 2002). Because the Board does not... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217508/ | DECISION
PER CURIAM.
Fortunato C. Rivera (“Rivera”) seeks review of a final decision of the Court of Appeals for Veterans Claims (“Veterans Court”) affirming a decision of the Board of Veterans Appeals (“Board”) that denied Rivera’s claim for a non-service connected disability pension. Rivera v. Principi, No. 01-806, 2... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217509/ | PER CURIAM.
Donella Lewis seeks review of a final decision of the Merit Systems Protection Board (“MSPB” or “Board”), in Docket No. NY-0351-02-0176-1-1, 2002 WL 31189231 (Aug. 26, 2002), dismissing her appeal to the Board for lack of jurisdiction. Because we find that the Board properly concluded that Ms. Lewis has fai... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217511/ | JUDGMENT
PER CURIAM.
This CAUSE having been heard and considered it is ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217512/ | Opinion
CLEVENGER, Circuit Judge.
Bell Communications Research, Inc. (“Bellcore,” now known as Telcordia Technologies, Inc.), appeals the judgment of the United States District Court for the District of Delaware, granting judgment of noninfringement of United States Patents No. 4,893,306 (“ ’306 patent”) and No. 4,835,... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217515/ | ORDER
The appellant having failed to pay the docketing fee required by Federal Circuit Rule 52(a)(1) within the time permitted by the rules and as ordered by the Court in its order dated January 30, 2003, requiring payment by March 31, 2003; IT IS
ORDERED that the notice of appeal be, and the same hereby is, DISMISSED,... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217546/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM.
Thomas M. Pressley appeals the district court’s order accepting the recommendation of the magistrate judge and granting summary judgment in favor of his former employer, the South Carolina Department of Corrections, on his claims arising under Title YII of the Civ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224365/ | ORDER ON DEFENDANT CAL WATER’S MOTION TO DISMISS
ANTHONY W. ISHII, Senior District Judge.
This is an environmental law case that arises from the chemical contamination of property surrounding a dry cleaning business in Visalia, California. Plaintiffs (collectively “Coppola”) have brought suit against inter alia the Cal... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224366/ | ORDER
LAWRENCE K. KARLTON, Senior District Judge.
This matter concerns an employment law dispute between plaintiff Beth A. Bodi and defendants Shingle Springs Band of Miwok Indians (“Tribe”), Shingle Springs Tribal Health Program (“Health Program”), Shingle Springs Tribal Health Board (“Health Board”), and individual d... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224367/ | ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
GONZALO P. CURIEL, District Judge.
Plaintiff Michael Hammitt (“Plaintiff”) brings this action for damages against Defendant Lumber Liquidators, Inc. (“Defendant” or “Lumber Liquidators”) for denial of overtime wages and meal breaks under... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224368/ | *1007Order Transferring Case to the District of South Carolina [Doc. No. 39]
CATHY ANN BENCIVENGO, District Judge.
This matter is before the Court on a Motion to Dismiss Complaint or in the Alternative to Transfer Venue by Defendants Complete Payment Recovery Services, Inc. (“CPRS”), Certegy Check Services, Inc. (“CCS”... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217518/ | JUDGMENT
PER CURIAM.
This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs and arguments of counsel. It is
ORDERED and ADJUDGED that the appeal be dismissed for lack of jurisdiction.
28 U.S.C. § 1291 and the collateral order doctrine do not confer... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217519/ | Present: OAKES, CALABRESI, SOTOMAYOR, Circuit Judges.
Defendant-Appellant Claver Cole was convicted, after a jury trial, of conspiracy to distribute and possess with intent to distribute cocaine and attempted possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 846. Defendant argues in this appe... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217520/ | SUMMARY ORDER
THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPE... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217521/ | SUMMARY ORDER
THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPE... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217522/ | SUMMARY ORDER
THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPE... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217523/ | SUMMARY ORDER
ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and it hereby is AFFIRMED.
Title 18 U.S.C. § 3553(f), the “safety-valve” provision, provides relief under certain circumstances from the imposition of a statutorily-mandated minimum sentence. S... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217524/ | SUMMARY ORDER
ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and it hereby is AFFIRMED.
In February of 1997, the Kings Point Police Department hired Balwinder Singh (“Plaintiff-Appellee”), an American citizen who was born in Punjabi, India, as a probatio... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217525/ | SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the petition is DENIED.
Robert Fitzpatrick files this petition for review of an order of the Securities and Exchange Commission (the “SEC”) sustaining disciplinary action by the National Association of Securities Dealers, Inc. (“NASD... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217526/ | Summary Order
ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is AFFIRMED.
The Plaintiffs in this appeal were prevailing parties in local administrative proceedings conducted pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1487 (2000). Both were represented in the pr... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217547/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM.
James Steadman appeals the district court’s order granting Crystal Gateway Marriott’s motion to dismiss and dismissing Steadman’s complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district cou... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217792/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM.
Robert Hayes appeals the district court’s order dismissing his complaint seeking reparations for failure to state a claim. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Hayes v. B... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217527/ | SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is AFFIRMED.
Appellant, Richard E. Hamm, Jr., pro se, appeals from the February 22, 2002 order of the United States District Court for the Northern District of New York (Norman A. Mordue, Judge), gra... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217530/ | SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is hereby AFFIRMED.
Defendant-appellant Darnell Louis appeals from a judgment of conviction entered on June 28, 2002, after defendant’s conviction by a jury, sentencing Louis principally to fifty mo... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217532/ | SUMMARY ORDER
ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED.
Defendant Reginald A. Jennings appeals from the judgment of conviction entered in the United States District Court for the Southern District of New York (Stein, J.) following his jury trial. Jennings was charged, along wi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217534/ | *43
SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Appeal be, and it hereby is, DISMISSED.
Omar Ansari purports to appeal from a stipulation of dismissal with prejudice of any and all existing or potential claims between Ansari and Time Warner Cable of New York City (“Time Wa... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217535/ | Summary Order
ORDERED, ADJUDGED AND DECREED that the appeal is DISMISSED.
In this suit, the Plaintiff-Appellee, Annette A. Juncewicz, alleges that her position with the Erie County Water Authority was eliminated as a result of her own political activity as well as that of her *45husband, the other Plaintiff-Appellee, G... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217536/ | SUMMARY ORDER
ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the *47judgment of the district court be and it hereby is AFFIRMED.
Plaintiff-Appellant appeals a memorandum and order of the district court dated September 17, 2002, denying plaintiffs motion for summary judgment, granting defenda... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217537/ | AMENDED SUMMARY ORDER
THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217538/ | SUMMARY ORDER
THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPP... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217539/ | OPINION
STAPLETON, Circuit Judge.
Appellant, Steelcase, Inc. (“Steelcase”), appeals a $1,338,980 judgment based on a jury verdict finding it liable for a manufacturing defect in a chair it had assembled. Appellee, W. Alan Fillebrown, has cross-appealed the judgment, claiming that the District Court erred when it reduce... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217540/ | OPINION
AMBRO, Circuit Judge.
The Appellant, Alfred Mele, pled guilty to charges of money laundering, in violation of 18 U.S.C. § 1956(a)(1)(A)®, and criminal conspiracy to commit interstate transportation of falsely made and forged securities, in violation of 18 U.S.C. §§ 371 and 2314, resulting from his participation... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217542/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM.
Bernard Duncan appeals the district court’s orders dismissing his discrimination action and denying his motion for judicial recusal. We have reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Duncan... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217555/ | Dismissed by unpublished PER CURIAM opinion.
PER CURIAM.
Alexander Pastene seeks to appeal the magistrate judge’s order remanding his civil action to state court. The magistrate judge’s remand order is not reviewable. See 28 U.S.C. § 1447(d) (2000). Accordingly, we dismiss the appeal for lack of jurisdiction. We dispen... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224369/ | ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
ALAN C. KAY, Senior District Judge.
PROCEDURAL BACKGROUND
On February 7, 2013, Plaintiff Shannon Wigent (“Plaintiff”) filed a Complaint against Science Applications International Corporation, now known as Leídos Holdings, Inc. (“Leído... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217548/ | Dismissed by unpublished PER CURIAM opinion.
PER CURIAM.
In these consolidated appeals, Brian Peter Zater seeks to appeal the district court’s orders denying relief on his motion filed under 28 U.S.C. § 2255 (2000).
In No. 02-7658, Zater seeks to appeal the district court’s order adopting the report and recommendation ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217549/ | Dismissed by unpublished PER CURIAM opinion.
PER CURIAM.
Darryl Allmond appeals the district court’s orders denying relief on his 42 U.S.C. § 1983 (2000) complaint and denying his motion for discovery sanctions. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by t... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217550/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM.
Darryl Allmond seeks to appeal the district court’s orders denying permission to proceed in forma pauperis and dismissing his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error. Accordingly, we deny leave to proceed in form... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217551/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM.
Alfred Abdo, Jr., appeals from the district court’s orders: (1) permanently enjoining him from — among other things— giving tax advice, preparing income tax returns for others, and promoting abusive tax schemes; and (2) denying his motion for reconsideration. We h... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217552/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM.
Terri Baker appeals the district court’s order denying her suit alleging discrimination based on race and disability. We have reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Baker v. Greyhound Bu... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217554/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM.
Loretta Jane Reeves appeals the district court’s judgment granting the Appellees’ motion for summary judgment and dismissing her hostile work environment claim. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224370/ | ORDER GRANTING PLAINTIFF’S MOTION FOR ORDER REQUIRING DEFENDANT CHRISTOPHER SALEM TO ORDER AND PAY FOR TRANSCRIPTS
ALAN C. KAY, Senior District Judge.
For the following reasons, the Court hereby GRANTS Plaintiff OneWest Bank, *1051FSB’s Motion for Order Requiring Defendant Christopher Salem to Order and Pay for Transc... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224371/ | MEMORANDUM DECISION AND ORDER
CANDY WAGAHOFF DALE, United States Chief Magistrate Judge.
I. INTRODUCTION
It is precisely because the issue raised by this case touches the heart of what makes individuals what they are that we should be especially sensitive to the rights of those whose choices upset the majority.
—The Ho... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224373/ | *1128TABLE OF CONTENTS
ORDER PAGE
Order Denying Summary Judgment re: Certain Species and Deep-Water Harvest (1/14/94) 1128
Order Clarifying Prior Order Denying Summary Judgment re: Certain Species and Deep-Water Harvest (2/1/94) 1131
Order Denying Cross-Motions for Summary Judgment (2/7/94) 1131
Consent Decree Regardin... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217557/ | PER CURIAM.
Ernestine Brock seeks review of the magistrate judge’s order* affirming the Commissioner’s denial of social security benefits pursuant to 20 C.F.R. § 404.1520(f) (2002). Our review of the record discloses that the Commissioner’s decision is based upon substantial evidence and is without reversible error. In... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217558/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM.
Joan E. Marshall seeks review of the magistrate judge’s order* affirming the Commissioner’s denial of social security benefits. We affirm. We review the Commissioner’s final decision to determine whether it is supported by substantial evidence and whether the corr... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217560/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM.
Michael W. Sloan appeals the district court’s orders accepting the recommendation of the magistrate judge, denying relief on his mandamus petition, granting judgment to the Defendants on his 42 U.S.C. § 1983 (2000) complaint, and denying his motion for reconsidera... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217561/ | Vacated and remanded by unpublished PER CURIAM opinion.
OPINION
PER CURIAM.
Christopher Hastings appeals the order of the district court dismissing his motion under 28 U.S.C. § 2255 (2000) as untimely filed.* In calculating the limitations period applicable to Hastings’s motion, the district court relied on United Stat... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217562/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM.
David L. Whitehead appeals from the district court’s orders dismissing his civil action and denying his motion for recusal. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Whitehead... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217563/ | Dismissed by unpublished PER CURIAM opinion.
PER CURIAM.
Wayne Allen Fletcher seeks to appeal the district court’s orders denying his motion for a continuance and denying the motion for reconsideration. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and c... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217564/ | ORDER
Michael H. McGaughy, a pro se Michigan prisoner, appeals a district court judgment dismissing his civil rights action filed pursuant to 42 U.S.C. § 1983. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217565/ | ORDER
This is an appeal from a district court judgment affirming a decision to deny an application for Social Security disability benefits. The parties have agreed to waive oral argument and, upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).
On April 3, 1995, Larry... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217567/ | ORDER
Ralphael Okoro, proceeding pro se, appeals a district court judgment dismissing his civil rights complaints filed pursuant to the doctrine announced in Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), as well as 42 U.S.C. §§ 1985 and 1986. This c... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217568/ | PER CURIAM.
Plaintiff Richard Watkins appeals the district court’s grant of summary judgment against his federal Family and Medical Leave Act (“FMLA”) retaliation claim and his state tortious interference with contract claim. We AFFIRM, though on different grounds than those relied on by the district court.
I.
Watkins ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217569/ | SILER, Circuit Judge.
Plaintiff Gregory Arnold appeals the dismissal of his bankruptcy appeal by the district court below, arguing that the district court erred in denying his motion to *189allow the late filing of his appellate brief. For the following reasons, we AFFIRM.
BACKGROUND
Arnold filed a Chapter 13 bankruptc... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217570/ | PER CURIAM.
The plaintiff, Louise Saulsberry, brought this action against her former employer, Franklin Covey Client Sales, Inc., alleging discrimination in violation of Title VII, 42 U.S.C. §§ 2000e et seq. Saulsberry alleged that Franklin Covey’s decisions initially to deny her a promotion from sales associate to ass... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217573/ | PER CURIAM.
This diversity action arose out of a contract, pursuant to which defendant Central Tower, Inc., was engaged to construct a guyed television tower for Scanlan Communications, Inc. The contract was executed in March 1996, and Central completed construction in October 1996, using insulator rods that had been p... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217574/ | COHN, District Judge.
This is an employment case. Plaintiff-Appellant Kevin P. Bennett appeals from the district court’s order granting Defendant-Appellee Cisco Systems Inc.’s motion for judgment on the pleadings and compel*203ling Bennett to arbitrate Cisco’s claim against Bennett arising out of his employment and fro... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217577/ | ORDER
This is an appeal from a district court order affirming a bankruptcy court’s October 30, 2000, opinion and order approving the agreed settlement that allowed the Internal Revenue Service’s (“IRS”) pre-petition claims. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Six... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217578/ | BATCHELDER, Circuit Judge.
Timothy Watson appeals the district court’s order denying his motion to suppress evidence obtained by police officers who searched his apartment without knocking and announcing their presence before entering. Because we conclude that the officers executing the search warrant were not confront... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217580/ | PER CURIAM.
In our original opinion in this case, we affirmed defendant Phillip Wayne Davis’s conviction for conspiracy to distribute marijuana and his resulting 121-month sentence. Davis then filed a petition for rehearing and suggestion for rehearing en banc based on the United States Supreme Court’s opinion in Appre... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217632/ | MEMORANDUM**
John Louis Brinar appeals the district court’s revocation of his supervised release following his guilty plea conviction for possession and transfer of a machine gun in violation of 18 U.S.C. § 922(o) and 26 U.S.C. § 5861(e). We have jurisdiction pursuant to 28 U.S.C. § 1291. We review the district court’s... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224374/ | *1186TABLE OF CONTENTS
ORDER PAGE
Order Vacating Entry of Judgment (1/17/95) 1187
Order Denying Motion by Duwamish, Snohomish and Steilaeoom Indian Tribes to Reopen Judgment Under Rule 60(b) (1/23/95) 1188
*1187Order Granting in Part and Continuing in Part Muckleshoot’s Motion for Partial Summary Judgment (7/5/95) 1191... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217581/ | ROGERS, Circuit Judge.
Petitioner Eric Logan appeals the district court’s partial denial of his 28 U.S.C. § 2241 petition, in which he seeks sentencing credit for time he spent in the hospital. Finding no merit to his claims, we will affirm.
On March 18, 1991, Logan and an accomplice robbed a bank in San Diego. The pol... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217582/ | ORDER
Charles Keith Moody appeals his judgment of conviction and sentence. The case has been referred to this panel pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. We unanimously agree that oral argument is not needed. Fed. R.App. P. 34(a).
Moody pleaded guilty to a charge of conspiracy to possess with the inte... | 01-04-2023 | 07-25-2022 |
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