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https://www.courtlistener.com/api/rest/v3/opinions/7217583/ | ORDER
Joseph Hurst, who has been jailed in Illinois since 1969, claims that the Director of the Illinois Department of Corrections and the warden for the Menard Correctional Center are depriving him of adequate living space by housing him in a cell with another inmate. The district court interpreted Hurst’s claim as ar... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217584/ | ORDER
Randall E. Youhas was convicted by a jury of being a felon in possession of explosives, firearms, and ammunition in violation of 18 U.S.C. §§ 842(i)(l) and 922(g)(1) and was sentenced to 15 months’ imprisonment. Youhas appeals, and his counsel moves to withdraw under Anders v. California, 386 U.S. 738, 87 S.Ct. 1... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217585/ | ORDER
The murder of an inmate at the federal penitentiary in Marion, Illinois, prompted prison officials to conduct a series of sys-temwide searches of inmates for weapons. During one of those searches, officials discovered that inmate Ralph Cutchins had concealed a plastic knife inside his rectal cavity. Cutchins plea... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217586/ | *249ORDER
Glen Daniel pleaded guilty to a one-count indictment charging him as a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and (2). At sentencing, the court increased Daniel’s offense level, pursuant to U.S.S.G. § 2K2.1(b)(5), based on its finding that Daniel had possessed or used a firea... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217587/ | ORDER
Gary Back appeals the district court’s judgment affirming the Commissioner’s decision to deny him disability insurance benefits. Following a hearing, an ALJ concluded that Back was not disabled for purposes of the Social Security Act because he did not suffer from a severe impairment (step two of the five-step in... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217588/ | ORDER
Bruce Lippart appeals from the district court’s order upholding the denial of his application for disability insurance benefits by the Social Security Administration (“SSA”). Lippart contends that the ALJ’s decision is not supported by substantial evidence because the ALJ rejected the opinions of his treating phy... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217589/ | ORDER
Paul Scott pleaded guilty to one count of conspiracy to defraud investors using mail and wire communications, 18 U.S.C. §§ 371, 1341, 1343, and one count of conspiracy to engage in monetary transactions of proceeds derived from mail and wire fraud (money laundering), id. §§ 1956(h), 1957. The district court sente... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217590/ | ORDER
Scott Swanson filed a complaint in the district court detailing a dispute with Van and Shirley Swindall concerning real property subject to bankruptcy proceedings. Swanson claimed, inter alia, that the Swindalls violated the automatic stay of Swanson’s bankruptcy action in contravention of 11 U.S.C. § 362(a)(3) &... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217592/ | ORDER
On consideration of the petition for rehearing filed on April 14, 2003 by Petitioner-Appellant McPhetridge, pro se, all members of the original panel have voted to Deny the petition.
Accordingly, it Is ORDERED that the petition for rehearing be, and the same is hereby Denied. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217593/ | ORDER
On March 25, 2003, the plaintiff-appellant filed a petition for rehearing. Ah the judges on the original panel have voted to deny a rehearing. The petition is therefore DENIED. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217594/ | ORDER
Upon consideration of the Petitioner’s petition for rehearing en banc, filed on March 31, 2003, no judge in active service has requested a vote thereon and the judges on the original panel have voted to deny the petition. Accordingly,
IT IS ORDERED that the petition for rehearing en banc is hereby DENIED. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217595/ | PER CURIAM.
Antonio Soberanis-Sagrero pleaded guilty to possessing with the intent to distribute approximately 695 grams of a substance containing methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). The district court1 sentenced him to 168 months imprisonment and 5 years supervised release. On appeal,... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217596/ | AMENDED MEMORANDUM**
Alexander DeJarnette, Jr. appeals pro se the denial of his motion to correct the sentence imposed following his guilty plea conviction for transporting minors with intent to engage in prostitution, transporting an adult with intent to engage in prostitution, and witness tampering, in violation of 1... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217597/ | MEMORANDUM **
We AFFIRM the judgment of the district court with respect to the administrative law judge’s step three determination but REVERSE as to the ALJ’s determination at step four. We REMAND to the Commissioner for further proceedings.
*286Substantial evidence supports the ALJ’s step three determination that Maso... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217598/ | MEMORANDUM**
Eugueni Bortnikov (Bortnikov) is a native and citizen of Russia who entered the United States on a student visa in 1994. He petitions for review of an order of the Board of Immigration Appeals (BIA) denying his application for asylum and withholding of deportation. Because deportation proceedings were comm... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217599/ | PAEZ, J.,
dissenting.
Because I do not believe that substantial evidence supports the BIA’s finding that “Pamyat members attacked Bortnikov solely because they believed that he possessed a criminally inculpatory videotape,” I respectfully dissent. Both the record and our precedent compel the conclusion that by presenti... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217600/ | BREYER, District Judge.*
MEMORANDUM **
Appellant Byron Lee (“Lee”) appeals the district court’s grant of summary judgment for the Commissioner of Social Security. Lee contends the Administrative Law Judge (“ALJ”) improperly applied Social Security Rule 83-12 and erroneously relied upon the testimony of the vocational e... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217601/ | MEMORANDUM *
Verizon Northwest Inc. (“Verizon”) appeals from the district court’s grant of summary judgment on review of a decision by the Oregon Public Utilities Commission (“OPUC”) approving its interconnection agreement with Electric Lightwave, Inc. pursuant to the Telecommunications Act of 1996 (“the Act”), 47 U.S.... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217602/ | MEMORANDUM *
Tamara Zeltser, d/b/a Medallion Jewelry & Loan (“Zeltser”), appeals several rulings by the district court in her 42 U.S.C. § 1983 action against the City of Oakland (“City”). Zeltser alleges that the Oakland Police Department (“OPD”) violated her civil rights by seizing a diamond ring, a Rolex watch, and a... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224376/ | *1323COMPILATION OF MAJOR POST-TRIAL SUBSTANTIVE ORDERS (Through December 31, 2003) STIPULATION AND ORDER RE: FRASER RIVER SOCKEYE SALMON
(February 11, 2000)
BARBARA JACOBS ROTHSTEIN, District Judge.-
*1324TABLE OF CONTENTS
ORDER PAGE
Stipulation and Order re: Fraser River Sockeye Salmon (2/11/2000) 1323
Order Denying ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217603/ | *299MEMORANDUM *
George Butler appeals the district court’s grant of summary judgment dismissing his 42 U.S.C. § 1983 action against prison officials for failing to protect him from a severe beating at the hands of other inmates and for failing to provide medical treatment after his release from prison. We have jurisdi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217604/ | MEMORANDUM **
Alfredo Gonzalez-Rodriguez pled guilty to possession of a firearm as an illegal alien, in violation of 18 U.S.C. § 922(g)(5)(A). A jury also convicted him of one count of manufacturing and aiding and abetting the manufacture of over 500 grams of a mixture containing methamphetamine, in violation of 21 U.S... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217606/ | MEMORANDUM ***
Joseph Ryncarz appeals his conviction and 262-month sentence for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) with an armed career criminal enhancement pursuant to 18 U.S.C. § 924(e)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742, and we affir... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217607/ | MEMORANDUM ***
Travis Hawk appeals his twenty-seven month sentence that the district court imposed following his guilty plea to two counts of possession with intent to distribute methamphetamine. We have jurisdiction pursuant to 28 U.S.C. § 1291. We vacate the sentence and remand for resen-tencing.
‘We have jurisdictio... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217608/ | MEMORANDUM***
Ursula Straub appeals the district court’s summary dismissal of her civil *311rights action against various state and county officials (“Defendants”). When a district court dismisses an action without prejudice, the order is final and appeal-able. See Sanford v. Motts, 258 F.3d 1117, 1119 (9th Cir.2001). ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217609/ | MEMORANDUM **
Daymon Boyd appeals from the district court’s denial of his motion to dismiss the indictment and vacate his conviction for armed robbery and use and carrying of a firearm during the commission of a crime of violence. A jury found Boyd guilty of three counts of armed robbery in violation of 18 U.S.C. § 211... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217610/ | MEMORANDUM**
Judith B. Walker appeals pro se the district court’s summary judgment in favor of her mortgage lender, Washington Mutual Bank (“WMB”), in her action alleging *317violations of the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601 et. seq., and the Racketeer Influenced and Corrupt Organizations Act (“RICO”),... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217612/ | MEMORANDUM **
California state prisoner James Ray Roberts appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(a). Reviewing de novo, Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001), we affirm.1 Roberts raises several consti... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217789/ | Dismissed by unpublished PER CURIAM opinion.
PER CURIAM:
Chauncy Mouzone, a federal prisoner, seeks to appeal the district court’s order denying relief on his motion filed under 28 U.S.C. § 2255 (2000). We have independently reviewed the record and conclude Mouzone has not made a substantial showing of the denial of a ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217613/ | MEMORANDUM**
Former Arizona state prisoner Ellis RL Thomas Jr. appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging that Arizona prison officials violated the Fourteenth Amendment, the Eighth Amendment and the Arizona Uniform Act to Secure the Attendance of Witness... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217614/ | MEMORANDUM **
Miguel Rodriguez appeals his conviction and the resulting 51-month sentence after he pleaded guilty to importing marijuana and possessing marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1), 952 & 960. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291. We affir... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217615/ | MEMORANDUM**
Shawn Hawk, a California state prisoner, appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition, challenging his conviction for first degree murder and conspiracy to commit murder. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
Hawk first contends that the prosecutor... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217616/ | MEMORANDUM **
Raul Pacheco-Duarte pled guilty to conspiracy to possess marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1), (b)(l)(A)(vii) and 846, and conspiracy to launder monetary instruments in violation of 18 U.S.C. § 1956(a)(1) and (h). He appeals from his sentence. We have jurisdiction un... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217618/ | MEMORANDUM**
California state prisoner Earl Otha Jones appeals the district court’s denial of his 28 U.S.C. § 2254 petition challenging his 1997 state sentence for petty theft with a prior felony conviction in violation of California Penal Code § 666. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
Jo... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224379/ | MEMORANDUM OF DECISION AND ORDER
SPATT, District Judge.
Presently before the Court is a motion by the Defendant Jose Bernardino Parra-do (the “Defendant”), pro se, for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). For the reasons that follow, the Court finds that the Defendant is ineligible for a sentence re... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224380/ | MEMORANDUM OF DECISION AND ORDER
SPATT, District Judge.
On August 31, 2012, the Petitioner John Kaiser (the “Petitioner”), pro se, filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255. The Petitioner, who is presently incarcerated, does not challenge his prison sentence, but rather seeks to rece... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224381/ | MEMORANDUM AND ORDER
TOWNES, District Judge:
In January 2008, plaintiffs Sergeants Benevolent Association Health and Welfare Fund (“SBA”), New England Carpenters Health Benefits Fund (“NEC”) and Allied Services Division Welfare Fund (“ASD”) (collectively “Plaintiffs”) and others commenced this action on behalf of them... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224383/ | MEMORANDUM OF DECISION AND ORDER
SPATT, District Judge.
On September 3, 2013, the Plaintiffs Michael Spagnuoli (“Spagnuoli”), Kellie Shea (“Shea”) and Joseph Veselak (“Veselak,” and collectively, the “Plaintiffs”), individually and on behalf of all other persons similarly situated, commenced this action, by filing a Co... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217622/ | MEMORANDUM**
The State appeals the district court’s denial of its motion for judgment on the pleadings based on Eleventh Amendment sovereign immunity. The facts and prior proceedings are known to the parties, and are restated herein only as necessary.
The denial of a state’s motion for judgment on the pleadings on the ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217623/ | MEMORANDUM *
Wayne Perry Burgess appeals the district court’s summary judgment in his action brought under the Labor Management Reporting and Disclosure Act (“LMRDA”), 29 U.S.C. § 401 et seq., against the Sailors Union of the Pacific (“SUP”). Burgess sought damages and injunctive relief including reinstatement arising ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217624/ | MEMORANDUM**
Terry Ray Hornbeck (“Hornbeck”) appeals his conviction for armed bank robbery in violation of 18 U.S.C. § 2113(a)(d). Hornbeck raises four issues on appeal; we have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
I.
Hornbeck first argues that there was insufficient evidence to establish that he w... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217625/ | MEMORANDUM *
Romano J. Santos appeals his conviction under 18 U.S.C. § 922(g)(3) for possession *344of a firearm by an unlawful drug user and possession of ammunition by an unlawful drug user. Santos assigns error to the district court’s failure to suppress evidence obtained from his vehicle in purported violation of t... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217626/ | MEMORANDUM *
Petitioner challenges the actions of two prior counsel in his deportation proceedings. Attorney Heinrich Davis allegedly conceded petitioner’s deportability without discussing the decision with him. Subsequently, new counsel Arthur Avazian, either personally or through his agent Eric Avazian, allegedly mis... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217790/ | Petition denied by unpublished PER CURIAM opinion.
PER CURIAM:
George Miller petitions for a writ of mandamus alleging that the district court has unduly delayed acting on his 28 U.S.C. § 2254 (2000) petition. He seeks an order from this court directing the district court to act. After Miller filed the instant mandamus... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217627/ | MEMORANDUM**
This preliminary injunction appeal comes to us for review under Ninth Circuit Rule 3-3. We have jurisdiction under 28 U.S.C. § 1292(a)(1), and we affirm.
We subject a district court’s order regarding preliminary injunctive relief only to limited review. Walczak v. EPL Prolong, Inc., 198 F.3d 725, 730 (9th ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217630/ | MEMORANDUM***
Mark Anthony Jarvey appeals the conviction and sentence imposed following his guilty plea to sexual abuse of a minor in violation of 18 U.S.C. §§ 1158, 2241(c), and 2248(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
The district court did not abuse its discretion by denying Jarvey’s moti... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224384/ | MEMORANDUM AND ORDER
HURLEY, Senior District Judge:
Plaintiff Hong Yin (“plaintiff”) commenced this action against defendant North Shore Long Island Jewish Health System (“defendant”) asserting claims of “discrimination and retaliation under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et se... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217634/ | MEMORANDUM **
Sevaro Perasa-Pena appeals the judgment of conviction and 35-month sentence following his guilty plea to Harboring Illegal Aliens in violation of 8 U.S.C. § 1324(a)(l)(A)(iii). His attorney has filed a motion to withdraw as counsel of record pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 1... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217635/ | MEMORANDUM **
August C. Manna appeals the district court’s orders denying his two Fed. R.Civ.P. 60(b) motions, to set aside the judgment in his employment discrimination action. In No. 01-17529, we have jurisdiction pursuant to 28 U.S.C. § 1291, we review for abuse of discretion, see Shalit v. Coppe, 182 F.3d 1124, 112... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217637/ | MEMORANDUM**
Erik Zuniga-Mendez appeals the sentence imposed following his guilty plea to conspiracy to distribute and possess with intent to distribute, distribution of heroin, and aiding and abetting in violation of 21 U.S.C. §§ 841(a)(1) and 846 and 18 U.S.C. § 2.
Zuniga-Mendez contends that he is entitled to a down... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217975/ | ORDER
BRYSON, Circuit Judge.
Don Roger Norman et al. (Norman) move to voluntarily dismiss their petition *224for a writ of mandamus as moot.*
Upon consideration thereof,
IT IS ORDERED THAT:
The motion to voluntarily dismiss the mandamus petition is granted.
Norman requests that the dismissal be "without prejudice.” ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217640/ | MEMORANDUM**
Pedro Flores-Carmona appeals his conviction pursuant to guilty plea and his 78-month sentence for unlawful reentry by a deported, removed and/or excluded alien in violation of 8 U.S.C. § 1326. We affirm.
Flores-Carmona contends that he cannot be subjected to a sentencing enhancement under 8 U.S.C. § 1326(b... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217641/ | MEMORANDUM***
Tom Olsen appeals pro se the district court’s judgment dismissing his action alleging failure to comply with a Department of Labor (“DOL”) compensation order entered in 1982, after Olsen was injured while employed by Triple A Machine Shop, Inc. We have jurisdiction under 28 U.S.C. § 1291. After de novo re... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217643/ | MEMORANDUM**
Marcus Ruben Ellington, a California state prisoner, appeals pro se the district court’s summary judgment in his action alleging deliberate indifference to his serious medical needs in violation of the Eighth Amendment and violation of his rights under the Americans with Disabilities Act (“ADA”), 42 U.S.C.... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217644/ | MEMORANDUM**
Renee’ Martin appeals pro se the district court’s judgment dismissing her action under 42 U.S.C. § 1983 and Title VII of the Civil Rights Act. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a dismissal under Federal Rule of Civil Procedure 12(b)(6). Ortez v. Washington County, 88 F.3d... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217646/ | MEMORANDUM**
Lee V. Quillar, a California state prisoner, appeals pro se the district court’s judgment dismissing without prejudice his 42 U.S.C. § 1983 action alleging violation of his First, Eighth, and Fourteenth Amendment rights. We review de novo a dismissal for failure to exhaust administrative remedies. Rumbles ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217647/ | MEMORANDUM**
Derrick J. Newsome, an Arizona state prisoner, appeals pro se the district court’s sua sponte dismissal of Newsome’s civil rights action alleging that his due process rights were violated in a prison disciplinary hearing which deprived him of good time credits. We have jurisdiction pursuant to 28 U.S.C. § ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217648/ | MEMORANDUM**
Taxpayers Antonio and Brenda Gomez appeal pro se the district court’s Fed. R.Civ.P. 12(b)(6) dismissal of their action against the Internal Revenue Service and an IRS employee, claiming that they were entitled to an income tax refund for the tax year 2000. The Gomezes concede that they received $132,000 in... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217649/ | MEMORANDUM**
Federal prisoner Jack Kenneth Mirth appeals the sentence imposed following his guilty plea conviction for bankruptcy fraud and aiding and abetting, in violation of 18 U.S.C. §§ 152(1) and 2. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court’s compliance with Fed.R.Crim... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217650/ | MEMORANDUM**
Gregory O. Thomas, an inmate at the Washington State Penitentiary (“WSP”), appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials violated the First and Fourteenth Amendments by refusing to deliver to him magazines deemed to be “sexually explicit”... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217651/ | MEMORANDUM**
Jose Alfonso Espinosa-Herrera appeals his conviction by guilty plea and the sentence imposed for importation of cocaine, in violation of 21 U.S.C. §§ 952 and 960.
Espinosa-Herrera’s contention that 21 U.S.C. § 960 is facially unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224385/ | DECISION AND ORDER
ELIZABETH A. WOLFORD, District Judge.
I. INTRODUCTION
Pro se plaintiff Jose Hector Merino Acevedo (“Plaintiff’) brings this action pursuant to 42 U.S.C. § 405(g), seeking review of the final decision of the Commissioner of Social Security (“the Commissioner”) 1 denying his application for Social Secu... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217653/ | MEMORANDUM**
Raul Alberto Lopez-Ramirez appeals his conviction by guilty plea and the sentence imposed for importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960.
Lopez-Ramirez’s contention that 21 U.S.C. § 960 is facially unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 14... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217654/ | MEMORANDUM **
Manuel Adolfo Fimbres-Gonzalez appeals his conviction by guilty plea and the sentence imposed for importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960.
Fimbres-Gonzalez’s contention that 21 U.S.C. § 960 is facially unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217656/ | MEMORANDUM **
California state prisoner Eddie Young appeals pro se the district court’s judgment dismissing Young’s 42 U.S.C. § 1983 action alleging that a federal magistrate judge refused to consider new evidence, to hold an evidentiary hearing, and to return evidence to Young in a prior habeas action. We have jurisdi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217657/ | MEMORANDUM **
Francisco Aguilar, a California state prisoner, appeals pro se the judgment of the district court dismissing his action with prejudice pursuant to the Prison Litigation Reform Act, 28 U.S.C. §§ 1915(e)(2), 1915A(b). We have jurisdiction pursuant to 28 U.S.C. § 1291, we review de novo, Resnick v. Hayes, 21... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217976/ | ORDER
The parties having so agreed, it is
ORDERED that the proceeding is DISMISSED under Fed. RApp. P. 42(b). | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217977/ | 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/7224386/ | DECISION AND ORDER
. ELIZABETH A. WOLFORD, District Judge.
I. INTRODUCTION
Represented by counsel, Plaintiff Dar-quin L. Phelps (“Plaintiff’) brings this action pursuant to 42 U.S.C. § 405(g), seeking review of the final decision of Carolyn W. Colvin, Acting Commissioner of Social Security (“the Commissioner”),1 denyin... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217659/ | MEMORANDUM **
George and Nancy Benoit appeal pro se the decision of the Tax Court which dismissed their petition for redetermination of federal income taxes for tax year 1998. We affirm for the reasons stated in the Tax Court’s Oral Bench Opinion, issued on June 26, 2002.
AFFIRMED.
This disposition is not appropriate... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217660/ | MEMORANDUM **
Glenn Broderick appeals pro se the judgment of the Tax Court, following a bench trial, dismissing his action contesting tax deficiencies for the years 1995, 1996, and 1997. We have jurisdiction pursuant to 26 U.S.C. § 7482. We review a Tax Court’s dismissal for failure to prosecute for abuse of discretion... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217661/ | MEMORANDUM **
William A. Wheelis appeals pro se the decision of the Tax Court upholding the Commissioner’s determination of federal income tax deficiencies for the years 1995 and 1996. We affirm for the reasons stated in the Tax Court’s opinion, issued on April 16, 2002.
AFFIRMED.
This disposition is not appropriate ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217663/ | MEMORANDUM ***
Chris Hyongchyong Kim appeals his jury conviction of conspiracy to distribute pseudoephedrine on the ground that 21 U.S.C. § 841(c)(2) is unconstitutionally vague. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo and affirm. See United States v. Davis, 36 F.3d 1424, 1434 (9th Cir.1994... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217668/ | MEMORANDUM **
Derrick George Wynter appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action, which alleged an illegal search and seizure. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the judgment dismissing pursuant to 28 U.S.C. § 1915A(b)(1), Resnick v. Hayes, 213 F.... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224387/ | OPINION AND ORDER
SEIBEL, District Judge.
Before the Court is Defendants’ Motion for Summary Judgment. (Doc. 19.) For the following reasons, Defendants’ Motion is granted.
I. BACKGROUND
In October 2009, Plaintiff was enrolled as an undergraduate student at the State University of New York campus in Purchase, New York (... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224389/ | ORDER
FRANK MAAS, United States Magistrate Judge.
In these companion actions, plaintiff Nicole Niceforo (“Niceforo”) alleges that UBS Global Asset Management Americas, Inc. (“UBS”) compensated her improperly under the Fair Labor Standards Act (“FLSA”) and fired her for exercising her rights under the Family Medical Le... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217664/ | MEMORANDUM **
Chris Staudt appeals pro se his guilty plea conviction and 41-month sentence for *378bank fraud, in violation of 18 U.S.C. § 1844. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). We review for plain error because Staudt did not object to the sufficiency of the indictment or the ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217665/ | MEMORANDUM **
California state prisoner John Carroll appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging prison officials violated his Fifth, Sixth, and Fourteenth Amendment rights by classifying him as a sex offender without a hearing. We have jurisdiction pursuant to 28 U.S.C.... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217666/ | MEMORANDUM **
Dary Riedlinger appeals pro se from the district court’s judgment dismissing his action seeking to enjoin his ongoing state criminal proceedings. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Green v. City of Tucson, 255 F.3d 1086, 1093 (9th Cir.) (en banc), cert. dismissed, 533 U.... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217713/ | PER CURIAM.
Gaylene R. Partain seeks review of the final decision of the Merit Systems Protection Board (“Board”) affirming the denial by the Office of Personnel Management (“OPM”) of her request to adjust the amount of her former spouse survivor annuity benefit. Partain v. Office of Pers. Mgmt., No. DA0831010713-I-1, ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217669/ | MEMORANDUM **
Sergio Raya-Baez, a native and citizen of Mexico, appeals the district court’s judgment denying his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253(a), and we review de novo. Angulo-Dominguez v. Ashcroft, 290 F.3d 1147, 1149 (9th... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217670/ | *383MEMORANDUM **
John D. Bumphus appeals pro se the district court’s judgment dismissing his civil rights action, which alleged racial discrimination in housing. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Gilligan v. Jamco, 108 F.3d 246, 248 (9th Cir.1997), and we affirm.
The district court ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217671/ | MEMORANDUM ***
Joseph D. Pinella appeals pro se the district court’s judgment dismissing as time-barred his action alleging his former criminal defense attorney took possession of his property and refused to return it. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo dismissals on statute of limitat... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217672/ | MEMORANDUM **
Jesus Rosales-Ceja appeals the denial of his 28 U.S.C. § 2255 motion to vacate his 292-month sentence for possession of methamphetamine with intent to distribute and conspiracy, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Rosales-Ceja argues that his sentence is unlawful under Apprendi v. New Jersey, ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217673/ | MEMORANDUM **
Nicholas Kadjevich appeals the Bankruptcy Appellate Panel’s (“BAP”) dismissal of his appeal from an order of the bankruptcy court denying Kadjevieh’s opposition to the Trustee’s application for compensation and reimbursement. We have jurisdiction pursuant to 42 U.S.C. § 158(d), and we affirm.
We review de... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217674/ | MEMORANDUM **
Gary A. Hall appeals pro se the district court’s summary judgment in favor of Raytheon on his Title VII and Americans With Disabilities Act (“ADA”) claims. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Henderson v. City of Simi Valley, 805 F.3d 1052, 1055 (9th Cir.2002), and we aff... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217675/ | MEMORANDUM **
Nevada state prisoner Alfred Ramaz Fultcher 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. § 2253(a). Reviewing de novo, Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), we affirm.
Fultcher’s federal peti... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217676/ | MEMORANDUM **
In these consolidated appeals, Felix Gutierrez-Lopez appeals the 26-month sen*388tence imposed following his guilty plea conviction for unlawful reentry of a deported alien, a violation of 8 U.S.C. § 1326, and the 11-month sentence imposed for violating the terms of his release. We affirm in part, and dis... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217677/ | MEMORANDUM**
Angelica Maria Urias-Salazar appeals the 46-month sentence imposed following her guilty-plea conviction for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a), and conspiracy to import cocaine in violation of 21 U.S.C. § 963 and 952(a). We dismiss for lack of jurisdiction.
U... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217678/ | MEMORANDUM**
Vincent Peter Camacho appeals from the revocation and extension of supervised release following positive drug tests. We have jurisdiction under 28 U.S.C. § 1291. We review for plain error Camacho’s ex post facto challenge to the application of the supervised release statute because he sufficiently raised i... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224391/ | OPINION & ORDER
DENISE COTE, District Judge:
FindTheBest.com, Inc. (“FTB”) filed this action on September 16, 2013, against *454Lumen View Technology LLC, (“Lumen”), Dalton Sentry, LLC, DecisionSorter, LLC, Hillcrest Group, Inc., Eileen C. Shapiro (“Shapiro”), and Steven J. Mintz (“Mintz”) (collectively “the Defendant... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224392/ | MEMORANDUM DECISION AND ORDER
FRANK MAAS, United States Magistrate Judge.
This personal injury action was removed to this Court from Supreme Court, Bronx County, on May 15, 2012. The defendants did not file a jury demand until 588 days later. In the absence of any rationale for their delay other than mere inadvertence... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224393/ | OPINION AND ORDER
JED S. RAKOFF, District Judge.
Pending before the Court is the resen-tencing of defendants Edward Gardner and Kenroy Gladden following a vacatur and remand of their sentences by the Second Circuit in light of Dorsey v. United States, — U.S. -, 132 S.Ct. 2321, 183 L.Ed.2d 250 (2012). See Mandate, Dece... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217679/ | MEMORANDUM**
Jose Luis Tapia-Fierro appeals the 104-month sentence imposed after a jury convicted him of attempted illegal re-entry following deportation in violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291. We review de novo whether a district court misapprehended the law, and review for cle... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217680/ | MEMORANDUM**
Leonardo Torres-Ortiz appeals his conviction and resulting 188-month sentence for possession and conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742. We affirm.
We decline to addres... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217682/ | MEMORANDUM**
Troy Sampson appeals his guilty plea conviction and resulting 150-month sentence for arson, in violation of 18 U.S.C. § 844(a). We review de novo. United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir.2001) (per curiam) (interpretation and application of the Sentencing Guidelines); United States v. Aguilar... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217683/ | MEMORANDUM**
Gilberto Arteaga-Bonilla appeals the sentence imposed following his guilty plea to unlawful reentry of a deported alien in violation of 8 U.S.C. § 1326. Arteaga-Bonilla contends that in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), the district court erred by enhanc... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217715/ | ORDER
The parties having so agreed, it is
*476ORDERED 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/7217716/ | ORDER
Alpha 1 USA, Inc. has failed to respond to the court’s January 13, 2003 order.
Upon consideration thereof,
IT IS ORDERED THAT:
Alpha l’s appeal is dismissed. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217717/ | DECISION
PER CURIAM.
Paul R. Blagaich petitions for review of the final decision of the Merit Systems Protection Board (“Board”) that sustained the action of the Department of Transportation (“agency”) removing him from his position as an Air Traffic Control Specialist with the Federal Aviation Administration (“FAA”) f... | 01-04-2023 | 07-25-2022 |
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