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Order
In 2019, Plaintiffs, a class of children in West Virginia state foster care custody, filed their class action complaint. [ECF No. 1]. They allege that Defendants, state executives, violated constitutional and statutory rights by the state’s policies and practices regarding foster care. Id. The Plaintiffs’ depiction of the foster care system is bleak, dysfunctional, underfunded, and in violation of the United States Constitution and West Virginia law. Id.
Memorandum Opinion And Order
Pending are Defendants Wright Concrete & Construction, Inc. ("Wright Concrete") and Wright-Mix Materials Solutions, LLC's ("Wright-Mix") (together the "Mix/Concrete Defendants") Motions to Dismiss First Amended Complaint, [ECF Nos. 41, 43]. Plaintiff United States Equal Employment Opportunity Commission ("the EEOC" or "the Commission") responded in opposition to Wright-Mix's motion to dismiss, [ECF No. 45], to which Wright-Mix replied, [ECF No. 54]. The EEOC thereafter moved to strike Wright-Mix's Reply in Support of Its Motion to Dismiss as untimely. [ECF No. 57]. The EEOC further responded in opposition to Wright Concrete's motion to dismiss, [ECF No. 53], to which Wright Concrete replied, [ECF No. 59].
Memorandum Opinion And Order
Pending are Defendant Daemien Thompson's objections to the Presentence Investigation Report ("PSR"). Mr. Thompson objects to paragraph 46, asserting the career offender enhancement is inapplicable. He further objects to paragraphs 9, 24–26, 28–30, 35, and 37–40, challenging certain drug weight attributed to him by co-defendant John Gray. Mr. Thompson contests the reliability of Mr. Gray's statements to law enforcement as "false," "inconsistent," and "unreliable." [ECF 402; see also ECF 407 at 2–6; ECF 435]. The matter is ready for adjudication.
Memorandum Opinion And Order
Pending are Defendant Emmanuel Covington’s objections to the Presentence Investigation Report (“PSR”). Mr. Covington objects to the PSR’s computation of his criminal history points in Paragraphs 43, 44, 45, and 46 of the Presentence Investigation Report (“PSR”) inasmuch as he urges he should receive six total criminal history points rather than eight. Additionally, Mr. Covington objects to the resulting criminal history category of IV reflected in Paragraphs 77 and 118 inasmuch as he urges his criminal history category should be calculated as III rather than IV based upon six rather than eight criminal history points.
Memorandum Opinion And Order
On May 7, 2026, the court held a sentencing hearing for Defendant Cornell Cordon. At the hearing, the parties presented opposing arguments regarding the appropriate base offense level for the calculation of Defendant’s advisory Guidelines range. For the reasons that follow, I find that Defendant’s prior criminal conviction establishes him as a Tier III sex offender under the advisory Guidelines.
Memorandum Opinion and Order
Pending are Plaintiffs’ Motion to Reopen Civil Action, [ECF 1357], and Motion to Enforce Settlement, [ECF 1359], both filed July 25, 2025, and Plaintiffs’ Motion to Reconsider, [ECF 1365], filed August 11, 2025. The motions were filed by a discrete subset of the Plaintiffs in the style, namely, Bryan Stafford, on behalf of the estate of Thomas Fleenor, Jr., Jonathan Crabtree, and Gary Toler (“Plaintiffs”).1 The matters are ready for adjudication.
Memorandum Opinion And Order
Pending is Appellant Angelika Weiss' -- both individually and in her capacity of Executor of the Estate of Wilson Buckingham -- Appeal of the Bankruptcy Court for the Western District of North Carolina's (the "Bankruptcy Court") Order Denying Wilson Buckingham and Angelika Weiss' Motion for Relief from the Automatic Stay Pursuant to 11 U.S.C. § 362(d) [ECF 1], filed March 11, 2024.1 On June 10, 2024, Ms. Weiss filed her brief in support of her appeal. [ECF 7]. On July 10, 2024, Appellee Bestwall, LLC ("Bestwall"), responded in opposition [ECF 13], to which Ms. Weiss replied [ECF 15] on July 24, 2024.
Memorandum Opinion And Order
Pending are Motions for Summary Judgment by Defendant Troy Carter [ECF 200], filed November 20, 2025, as well as by Defendant Aaron Williams [ECF 202] and Defendant Jeremy Richmond [ECF 204], both filed November 21, 2025. Plaintiff Anthony Brown (“Plaintiff”) responded to each motion [ECF 209–211], to which Defendants Carter, Williams, and Richmond filed their respective replies [ECF 215; ECF 214; ECF 216]. Also pending is Plaintiff Anthony Brown’s Motion for Partial Summary Judgment [ECF 206], filed November 21, 2025. Defendants Carter, Williams, and Richmond responded in opposition [ECF 208; ECF 212; ECF 213], to which Plaintiff did not reply. Also pending are additional motions identified and adjudicated at the conclusion. The matters are ready for adjudication.
Memorandum Opiniion And Order
Pending before the court is Petitioner Miguel Antonio Dominguez Izaguirre’s Verified Petition for Writ of Habeas Corpus. [ECF No. 1]. For the reasons discussed below, the Petition is GRANTED.
Memorandum Opinion and Order
Antiseptic judicial rhetoric cannot do justice to what is happening. Across the interior of the United States, agents of the federal government—masked, anonymous, armed with military weapons, operating from unmarked vehicles, acting without warrants of any kind—are seizing persons for civil immigration violations and imprisoning them without any semblance of due process. The systematic character of this practice and its deliberate elimination of every structural feature that distinguishes constitutional authority from raw force place it beyond the reach of ordinary legal description. It is an assault on the constitutional order. It is what the Fourth Amendment was written to prevent. It is what the Due Process Clause of the Fifth Amendment forbids.