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https://www.courtlistener.com/api/rest/v3/opinions/7217684/ | MEMORANDUM**
California state prisoner Jeffrey Rico appeals the district court’s order denying his 28 U.S.C. § 2254 habeas corpus petition challenging his sentence under California’s three-strikes law for petty theft with a prior in violation of California Penal Code § 666. Rico’s contention that his 25-years-to-life s... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217685/ | REINHARDT, Circuit Judge,
specially concurring.
I concur only under compulsion of the Supreme Court decision in Andrade. I believe the sentence is both unconscionable and unconstitutional. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217686/ | PREGERSON, Circuit Judge,
writing separately, dissenting in part.
In good conscience, I can’t vote to go along with the sentence imposed in this case. | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217687/ | MEMORANDUM**
Damond Nelson appeals his twelvemonth and one-day sentence imposed following his guilty-plea conviction for escape from custody, in violation of 18 U.S.C. § 751(a). Nelson’s counsel filed a motion to withdraw as counsel of record and a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217688/ | MEMORANDUM**
Juan Miguel Guizar appeals his guilty-plea conviction and 78-month sentence for importing cocaine in violation of 21 U.S.C. §§ 952 and 960. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Guizar’s counsel has filed a brief stating that she finds no meritorious issues f... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217718/ | DECISION
PER CURIAM.
Petitioner Walter Powers petitions for review of the final decision of the Merit Systems Protection Board, Docket No. NY-0752-01-0083-1-1, 92 M.S.P.R. 228, 2002 WL 1466601, sustaining the decision of the Internal Revenue Service (“IRS”) to remove Mr. Powers from his position as an assignment clerk ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224394/ | OPINION & ORDER
SIDNEY H. STEIN, District Judge.
Pursuant to 28 U.S.C. § 2255, petitioner Billyhens Nunez-Polanco moves to vacate his convictions for (1) conspiracy to distribute and possess with intent to distribute heroin and (2) possession with intent to distribute heroin, on the grounds that his trial counsel was ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217694/ | ORDER
This disposition is not appropriate for publication and may not be cited to or by courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
The Oregon Supreme Court on May 1, 2003, answered the question we certified to it. Abrams v. Gen. Star Indem. Co., 335 Or. 392, 67 P.3d 931, 2003 WL 199572... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224395/ | OPINION
SIMANDLE, Chief Judge:
I. INTRODUCTION.489
II.BACKGROUND.490
A. Factual Background.490
1. Plaintiff Buzz Bee .490
2. Plaintiffs WATER WARRIORS Product Line.490
3. Swimways’ FLOOD FORCE Product Line.493
4. Defendants’ Alleged Infringement.493
5. Third Parties’ Water Shooter Toys.494
6. Impact of the Alleged Infr... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217697/ | MEMORANDUM**
Rodney F. Wright appeals pro se the district court’s judgment dismissing for failure to state a claim his action alleging defendants conspired to violate his constitutional rights during his arrest, incarceration, and post-prison supervision which included requiring him to register as a sex offender. We ha... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217698/ | MEMORANDUM**
In these consolidated appeals, Henry Matthies, Edward and Shirley Blome, and Jerry and Dianne Burright appeal pro se the district court’s judgment on the pleadings dismissing their consolidated actions challenging the recording of notices of federal tax hens against their property by Tony Nave, the Yellows... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217699/ | MEMORANDUM**
Raul Pineda-Diaz appeals his guilty-plea conviction and 46-month sentence imposed for illegally reentering the United States following deportation, in violation of 8 U.S.C. § 1326. Pineda-Diaz’s attorney has filed a brief and a motion to withdraw as counsel of record pursuant to Anders v. California, 386 U... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217700/ | MEMORANDUM**
Alexander Ifeanyi Ijemba, a federal prisoner convicted as part of a conspiracy to import heroin for distribution, appeals the district court’s denial of his motion for new trial. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Ijemba contends the district court improperly denied his motion for ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217721/ | 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/7217722/ | 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/7217702/ | MEMORANDUM**
Antonio Mendoza-Renteria appeals his guilty-plea conviction and 33-month sentence imposed for illegally reentering the United States following deportation, in violation of 8 U.S.C. § 1326. Mendoza-Renteria’s attorney has filed a brief and a motion to withdraw as counsel of record pursuant to Anders v. Cali... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217703/ | MEMORANDUM**
Cesar Rene Rentería-Barragan appeals his guilty-plea conviction and 70-month *408sentence for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C § 1326. Renteria-Barragan’s counsel filed a motion to withdraw as counsel of record and a brief pursuant to Anders v... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217704/ | MEMORANDUM**
Keith Michael Sanderson appeals the sentence of 12-months and one day that the district court imposed following his guilty plea conviction for two counts of importing 46.44 kilograms of marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1), 952, and 960. We have jurisdiction under 28 ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217705/ | MEMORANDUM**
Terrill McGee appeals pro se the district court’s summary judgment in favor of McDonald’s Restaurants of California and Ralph’s Grocery Company, in his action alleging, among other things, that defendants violated 18 U.S.C. § 1962 (“RICO”) by participating in a scheme to physically disable McGee by serving... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217706/ | MEMORANDUM**
California state prisoner Kelvin X. Singleton appeals pro se the district court’s judgment in favor of defendants in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, McGuckin v. Smith 974 F.2d 1050, 10... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217723/ | JUDGMENT
PER CURIAM.
This CAUSE having been heard and considered, it is ORDERED and AD*486JUDGED: AFFIRMED. See Fed. Cir. R. 36 | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217707/ | MEMORANDUM **
Sheri Young McGlothen appeals pro se the district court’s order denying her motion under Fed.R.Civ.P. 60(b) to set aside the judgment in her libel action. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for abuse of discretion, SEC v. Coldicutt, 258 F.3d 939, 941 (9th Cir.2001), and we affirm... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217708/ | *412MEMORANDUM ***
Jose Aceituno Sagastume, a native and citizen of Guatemala, petitions for review of the decision of the Board of Immigration Appeals denying his motion to reopen deportation proceedings to apply for relief under the Convention Against Torture (“CAT”). Because the transitional rules apply, see Kalaw v... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217709/ | MEMORANDUM **
Barbara Lehmann appeals pro se the tax court’s order dismissing for failure to prosecute her action seeking to challenge the Commissioner of Internal Revenue’s (“Commissioner”) determination of income tax deficiencies for the tax years 1993 *413through 1997. We have jurisdiction pursuant to 26 U.S.C. § 74... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217710/ | *414MEMORANDUM ***
Voskan Galstian, a native of Iran and citizen of Armenia, petitions for. review of the order of the Board of Immigration Appeals (“BIA”) denying as untimely his motion to reopen. Because the transitional rules apply, we have jurisdiction under 8 U.S.C. § 1105a(a). See Socop-Gonzalez v. INS, 272 F.3d ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217711/ | *415MEMORANDUM **
Donnie F. Sehroeder appeals pro se a decision of the tax court sustaining the Commissioner of Internal Revenue’s (“Commissioner”) determination of federal income tax and penalties due for 1995 and 1996. We have jurisdiction pursuant to 26 U.S.C. § 7482(a). We review de novo the tax court’s conclusions... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217732/ | ORDER
BRYSON, Circuit Judge.
Conexant Systems, Inc. moves to lift the stay of proceedings in these cases and to voluntarily dismiss its appeal, 00-1520. In 00-1513, counsel of record moves for leave to withdraw as counsel for Klause E. Holtz.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) Conexant’s motions are g... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217733/ | ORDER
BRYSON, Circuit Judge.
Jacqueline L. Washington-Thomas moves for reconsideration of the court’s order dismissing her petition for review for failure to pay the filing fee and to file a Fed. Cir. R. 15(c) statement concerning discrimination. The Department of Veterans Affairs has not responded.
Washington-Thomas ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217734/ | ORDER
The parties having so agreed, it is
*493ORDERED 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/7217735/ | ORDER
BRYSON, Circuit Judge.
The court considers whether Nikken USA, Inc.’s appeal and K Mart Corporation’s cross-appeal should be dismissed without prejudice to reinstatement upon completion of K Mart’s bankruptcy proceedings or the lifting of the stay in bankruptcy court.
Upon consideration thereof,
IT IS ORDERED TH... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217736/ | ORDER
The appellant having failed to file the brief required by Federal Circuit Rule *49431(a) within the time permitted by the rules, it is
ORDERED that the notice of appeal 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/7217737/ | PER CURIAM.
Appellant Julius Warner Maracalin appeals from a decision of the United States Court of Federal Claims, No. 01-375C, dismissing his complaint on res judicata grounds and for lack of subject matter jurisdiction. We affirm,.
BACKGROUND
On January 18, 1995, a grand jury sitting in the Middle District of Louisi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217738/ | ORDER
The appellant having failed to file the brief required by Federal Circuit Rule 31(a) within the time permitted by the rules, it is
ORDERED that the notice of appeal 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/7217739/ | RADER, Circuit Judge.
Mr. Rigsbee seeks review of the October 1, 2002, decision of the United States Court of Federal Claims in Rigsbee v. United States, No. 98-623 C (Fed.Cl. Oct.1, 2002) (Rigsbee III). The Court of Federal Claims granted a motion for judgment by the United States on the administrative record of a dec... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217740/ | PER CURIAM.
Olen Maffett Pound (“Pound”) appeals from a judgment of the United States Court of Federal Claims dismissing, on res judicata grounds, Pound’s claim that the termination of his lease by the United States Army Corps of Engineers (“Corps”) was a breach of that lease, and dismissing for lack of jurisdiction Po... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217741/ | PER CURIAM.
Peter Morris (“Appellant”) appeals from the decision of the United States Court of *504Appeals for Veterans Claims affirming the May 23, 2001 decision of the Board of Veterans’ Appeals (“BVA”) that Mr. Morris did not have a valid claim for accrued benefits. Morris v. Principi, No. 01-1668, 2002 WL 1733873 (... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217742/ | PER CURIAM.
Karen P. Auerbach appeals from the final order of the Merit Systems Protection Board, Docket PH-831E-02-0025-I-1, in which the Board affirmed the decision of the Office of Personnel Management (“OPM”) denying her application for disability retirement benefits under the Civil Service Retirement System (“CSRS... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217743/ | RADER, Circuit Judge.
Petitioner Freeman A. Doucet, Jr. appeals the final decision of the Merit Systems Protection Board (Board), Freeman A. Doucet, Jr. v. Department of the Navy, Docket No. DC-0752-02-0477-I-1, 93 M.S.P.R. 301 (September 27, 2002), which dismissed Mr. Doucet’s petition for review of the July 16, 2002 ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217745/ | 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 filed by the parties. See Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 34(j). It is
ORDERED AND ADJUDGED that the judgment of the district court be affirmed. Because appellant fa... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224397/ | MEMORANDUM
EDUARDO C. ROBRENO, District Judge.
Plaintiff Amos Brown, III, brings this pro se medical malpractice action against Defendant Hahnemann University Hospital (“Hahnemann”), alleging that Hahne-mann negligently inserted an intravenous catheter (“IV”) in his arm, causing significant injuries. The parties have f... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224398/ | ORDER
GERALD BRUCE LEE, District Judge.,
THIS MATTER is before the Court on Defendants F & B Solutions LLC and Dave Crance’s Motion to Dismiss Plaintiff Blanca Delmi Rodriguez’s Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. 7.) This case concerns Plaintiffs allegations that the Defendants viola... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217746/ | JUDGMENT
PER CURIAM.
This appeal was considered on the record from the United States District Court for the District of Columbia and on the *519brief and supplement thereto filed by appellant. See Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 34(j). It is
ORDERED AND ADJUDGED that the district court’s judgment dated October ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217747/ | 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 filed by the parties. Appellant Ro-sell appeals from the district court’s dismissal of his claim alleging his employer violated the overtime pay provisions of the Fair Labo... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217748/ | JUDGMENT
PER CURIAM.
Consolidated with No. 02-1222
This cause was considered on a petition for review and cross-application for enforcement of an order of the National Labor Relations Board (“NLRB” or “Board”), and was briefed by counsel. It is
Ordered and Adjudged that the petition for review is hereby denied, and th... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217750/ | JUDGMENT
PER CURIAM.
This cause was considered on the record from the Securities and Exchange Commission and on the briefs of counsel. It is
ORDERED that the petition for review be denied. Although the petitioners had a constitutional right to withhold the financial disclosure statements required by 17 C.F.R. § 201.41... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217751/ | JUDGMENT
PER CURIAM.
This petition for review and cross-application for enforcement of a decision and order of the National Labor Relations Board were considered on the briefs and appendix filed by the parties. See Fed. R.App. P. 34(a)(2); D.C.Cir. R. 34(j). For the reasons set forth in the memorandum accompanying thi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217791/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM.
Maury Lee King appeals from the district court’s order dismissing without prejudice his employment discrimination action after King faded to comply with the court’s order that he file a copy of his right-to-sue letter. Because King failed to comply with the court’... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224399/ | FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
DAVID L. HORAN, United States Magistrate Judge.
This action has been referred to the United States magistrate judge for pretrial management pursuant to 28 U.S.C. § 636(b) and an order of reference. Pending before the Court are Defendants’ ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224400/ | MEMORANDUM OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT
PHILIP R. MARTINEZ, District Judge.
On this day, the Court considered Defendants Telemundo El Paso; KTDO Television; ZGS El Paso Television, L.P.; and ZGS Communications, Inc.’s “Motion for Summary Judgment” (ECF No. 36) [hereinafter “Motion”], filed on June ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217753/ | JUDGMENT
PER CURIAM.
This cause was considered on appeal from an order of the Federal Communications Commission and was briefed by counsel. It is
*527Ordered and Adjudged that the order of the Federal Communications Commission (“FCC” or “Commission”) is hereby affirmed.
Appellant Davis Broadcasting, Inc. (“Davis”) cha... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217754/ | SUMMARY ORDER
UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be and it hereby is AFFIRMED.
Plaintiff-Appellant Steve Molnar appeals, pro se, from the district court’s (Eg-inton, J.) grant of Defendant-Appellee Pratt & Whitney’s motion for summary judgment on ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217755/ | SUMMARY ORDER
AFTER ARGUMENT AND UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of said district court be and it hereby is VACATED and REMANDED.
Plaintiff-appellant Lou Marinoff, a public employee, appeals from the district court’s order granting defendants-appel-lees’ motion to di... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217756/ | SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and it hereby is AFFIRMED.
Plaintiff David Holland appeals from a judgment of the United States District Court for the Eastern District of New York (Gershon, Judge), dismissing his complaint purs... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217757/ | SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be and it hereby is AFFIRMED.
In May 1998, A. Cecilia Babalola filed a counseled complaint against defendants B.Y. Equities Inc., Isaac Stern Realty and Property Management, United Securities Servi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217758/ | Summary Order
UPON DUE CONSIDERATION of this appeal from judgment of the United States District Court for the Southern District of New York (Robert J. Ward, Judge), it is hereby
ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED.
The plaintiffs-appellants allege that defendants-appellees... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217759/ | SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED.
*540Robert Del Carpió appeals from a final judgment of conviction and a sentence entered in the United States District Court for the Eastern District of New York (Korman, Chief Judge).
... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217760/ | SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Petition be, and it hereby is, DENIED.
Richard J. Heller petitions this Court to review a final decision of the Railroad Retirement Board (“RRB”), denying him an annuity under the Railroad Retirement Act of 1974, as amended, 45 U... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217762/ | *546
SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED that the appeal be DISMISSED IN PART and, insofar as the appeal not be dismissed, the judgment of the district court be AFFIRMED.
Defendant-appellant George Agyeman appeals from a judgment entered in the United States District Court for the Southern Distr... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217764/ | SUMMARY ORDER
UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and it hereby is AFFIRMED.
Linda Misek-Falkoff and her husband, Adin Falkoff filed a complaint in this diversity action on February 1, 2001, principally alleging that defendants defamed Misek... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217766/ | SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment and order of the district court be, and they hereby are, AFFIRMED.
Defendants-Appellants-Cross-Appellees County of Nassau (the “County”) and Anthony Raymond, a Nassau County Police Officer (collectively, the “defendants”... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217768/ | 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/7217769/ | 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/7217770/ | SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of said district court be and it hereby is AFFIRMED.
Plaintiff-appellant Bernhard Fred Man-ko and petitioner-appellant Jon Edelman moved to vacate their convictions and to obtain a new trial pursuant to 28 U.S.C. § 2255. ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217771/ | 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/7217772/ | 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/7217775/ | 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/7217776/ | 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, *589BUT 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 EST... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217777/ | 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, *591BUT 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 EST... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217778/ | Summary Order
ORDERED, ADJUDGED, AND DECREED that the appeal is DISMISSED in part, and the judgment of the District Court is AFFIRMED in part.
On April 22, 1997, defendant-appellant William Vargas was charged in a superseding indictment with one count of conspiring to possess with intent to distribute heroin, 21 U.S.C.... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217779/ | *597
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 E... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217780/ | OPINION OF THE COURT
PER CURIAM.
Jesús María De La Roca and her daughter, Griselda Grijalva, petition for review of an order of the Board of Immigration Appeals (BIA) adopting the Immigration Judge’s (IJ) decision denying political asylum, and withholding of deportation. Because the BIA affirmed the IJ’s decision witho... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217783/ | OPINION
BARRY, Circuit Judge.
Appellants Pattie and Angelo DiVittorio brought suit under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2671-80, alleging injuries to Mrs. DiVittorio that resulted when an elevator in which she was riding allegedly plummeted from between the first and second floors to the basement of... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217785/ | OPINION
BARRY, Circuit Judge.
Plaintiff, James Jacob (“Jacob”), sued his employer, the National Railroad Passenger Corporation (“Amtrak”), alleging that on April 27, 1997 he injured his back and his shoulder in the course of his employment as a mechanic foreman. Amtrak conceded that it was negligent and a jury trial wa... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217794/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM:
David Edward Crawley appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Crawley v. Braxton, ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217795/ | Dismissed by unpublished PER CURIAM opinion.
PER CURIAM:
Melvin Cherry, a federal prisoner, appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his petition filed under 28 U.S.C. § 2241 (2000). We have reviewed the record and find no reversible error. Accordingl... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217796/ | Dismissed by unpublished PER CURIAM opinion.
PER CURIAM:
Isaac Matthew Richardson seeks to appeal the district court’s order denying re*734lief on his motion filed under 28 U.S.C. § 2255 (2000). We have independently reviewed the record and conclude that Richardson 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/7217797/ | Dismissed by unpublished PER CURIAM opinion.
PER CURIAM:
Tina Louise Peele seeks to appeal the district court’s order denying relief on her motion under 28 U.S.C. § 2255 (2000). We have independently reviewed the record and conclude that Peele has not made a substantial showing of the denial of a constitutional right. ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217798/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM.
Datuk Ramesh Chander appeals the district court’s order granting summary judgment to Defendant on his 42 U.S.C. § 1983 *736(2000) 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/7217799/ | Petition denied by unpublished PER CURIAM opinion.
PER CURIAM.
Waymare Billups has filed a petition for a writ of mandamus seeking review of his sentences. Mandamus relief is available only when the petitioner has a clear right to the relief sought. See In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir.198... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217870/ | PER CURIAM.
Minnesota inmate DeAnthony A. Nash appeals from the district court’s * 28 U.S.C. § 1915A(b) dismissal of Nash’s civil complaint. Having carefully reviewed the record and Nash’s brief, see Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir.1999) (per curiam) (§ 1915A dismissal reviewed de novo), we conclude the d... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217800/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM.
Ronnie Clarke appeals the magistrate judge’s order * granting summary judgment in favor of Southside Virginia Training Center (“SVTC”) and SVTC’s senior *752human resources manager, India Sue Rid-out, on his claim that SVTC failed to interview and hire him in reta... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217801/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM.
James Edward Dawkins appeals the district court’s order denying his motion for reimbursement of costs. We have independently reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Dawkins v. Tripl... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217802/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM.
Arthur H. Keels appeals the district court’s order accepting the recommendation of the magistrate judge and granting summary judgment in favor of Defendant and the order denying Keels’ motion filed under Fed.R.Civ.P. 59(e). We have reviewed the record and find no ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217803/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM.
Johnnie Lang Edwards appeals the magistrate judge’s order denying relief on his 42 U.S.C. § 1983 (2000) complaint.* We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the magistrate judge. See Edwards v. Ober... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217804/ | Dismissed by unpublished PER CURIAM opinion.
PER CURIAM.
Rufus O. Braboy, Jr., seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). We have independently reviewed the record and conclude that Braboy has not made a substantial showing of the denial of a constitut... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217806/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM.
Michael A. Williams appeals the district court’s order denying his motion to modify his term of imprisonment pursuant to 18 U.S.C. § 3582 (2000). We have reviewed the record and the district court’s opinion and find no reversible error. The statute on which Willia... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217807/ | Affirmed by unpulished PER CURIAM opinion.
PER CURIAM:
Jimmy Lee Nixon, a federal prisoner, appeals the district court’s order denying relief on his petition filed under 28 U.S.C. § 2241 (2000). We have independently reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217809/ | Dismissed by unpublished PER CURIAM opinion.
PER CURIAM:
Ryan Daniel Graves seeks to appeal the district court’s orders denying relief on his motion filed under 28 U.S.C. § 2255 (2000), and denying his motion to reconsider pursuant to Federal Rule of Civil Procedure 59(e). We have independently reviewed the record and ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217810/ | Petition denied by unpublished PER CURIAM opinion.
PER CURIAM:
Waymare Billups has filed a petition for a writ of mandamus seeking review of his sentences. Mandamus relief is available only when the petitioner has a clear right to the relief sought. See In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir.198... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217812/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM:
Demarcus M. Brown appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm on the rea*775soning of the district court. See Brown v. Edmonds, No. CA-... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217813/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM:
Lacy Hughes Johnson appeals the district court’s order and judgment dismissing under 28 U.S.C. § 1406(a) (2000) his civil rights complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district cour... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217815/ | Affirmed by unpublished PER CURIAM opinion.
PER CURIAM:
Shawn Michael Foster appeals the district court’s order accepting the recommendation of the magistrate judge denying his 18 U.S.C. § 3582 (2000) motion to modify his sentence. We have reviewed the record and find no reversible error. Accordingly, we affirm on the ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217817/ | OPINION
ROGERS, Circuit Judge.
A jury convicted the defendant, Melissa Ann Williams, of making false statements *783in her application for employment with the United States Postal Service, in violation of 18 U.S.C. § 1001. Williams argues on appeal that (1) the district court erred in denying her motion for acquittal; ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224402/ | MEMORANDUM OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT
PHILIP R. MARTINEZ, District Judge.
On this day, the Court considered Defendants BAC Home Loans Servicing, L.P. and the Bank of New York Mellon’s “Motion for Summary Judgment and Brief in Support” (ECF No. 32), filed on December 5, 2013 [hereinafter “Motion”]... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217818/ | ORDER
Matthew Edward Price, proceeding pro se, appeals a district court order that denied his 28 U.S.C. § 2255 motion. 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).
Price was charged with two ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217819/ | ORDER
Johnny J. Wooley, a Tennessee prisoner proceeding pro se, appeals a district court judgment dismissing his civil rights complaint 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... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217821/ | ORDER
Neville King, proceeding pro se, appeals a district court order denying his motion to vacate his sentence filed pursuant to 28 U.S.C. § 2255 (Case No. 02-1557), as well as an order denying his motion to vacate the order denying his § 2255 motion. (Case No. 02-1624). This case has been referred to a panel of the ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217822/ | ORDER
James Koos, a Wisconsin state inmate confined at the Whiteville (Tenn.) Correctional Facility, appeals a district court judgment dismissing his civil rights complaint filed pursuant to 42 U.S.C. § 2255. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upo... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217823/ | PER CURIAM.
In this appeal, we are called upon to review Appellant Arthur D. Giffin, Jr.’s conviction and sentencing pursuant to 21 U.S.C. § 846 for conspiracy to violate § 841(a)(1). Appellant challenges his conviction for conspiracy to distribute and possession with intent to distribute less than 50 kilograms of mari... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7217824/ | PER CURIAM.
The City of Cookeville, Tennessee (“City”) first employed Bobby Andrews as a police officer on August 21, 1975. At that time, he was still going to school in a nearby town, and voluntarily quit when the City asked him to move to the City. In May 1979, the City again employed Andrews as a police officer. He ... | 01-04-2023 | 07-25-2022 |
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