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Opinions

The Southern District of West Virginia offers a database of opinions starting in the year 2001, listed by year and judge. For a more detailed search, enter the keyword or case number in the search to the right or sort using the drop-downs below.

Terry O'Quinn v. Transcanada USA Services, Inc. 06/29/2020
2:19-cv-00844

Memorandum Opinion and Order

Pending before the court is a Motion to Compel Certain Opt-in Plaintiffs to Arbitration and Stay Proceedings, [ECF No. 44], and a Motion to Dismiss for Lack of Personal Jurisdiction, [ECF No. 34], filed by Defendant TransCanada USA Services, Inc. (“TransCanada”). Also pending before the court is a Motion for Conditional Class Certification and Court-Authorized Notice, [ECF No. 26], filed by Plaintiffs. For the reasons that follow, Defendant’s Motion to Compel Arbitration, [ECF No. 44] is GRANTED in part and DENIED in part, Defendant’s Motion to Dismiss, [ECF No. 34], is DENIED, and Plaintiff’s Motion for Conditional Class Certification, [ECF No. 26], is GRANTED.

Author:
Joseph R. Goodwin
United States of America v. Brandon Carter 06/25/2020
2:19-cr-00078

Memorandum Opinion and Order

Pending before the court is a pro se Motion for Compassionate Release, [ECF No. 49], filed by Defendant Brandon Carter. The Government has responded to the Motion. [ECF No. 52]. The Motion is DENIED for the reasons that follow.

Author:
Joseph R. Goodwin
United States of America v. Ralph White 06/12/2020
2:17-cr-00198-4

Memorandum Decision and Order

A deadly pandemic provides extraordinary and compelling reasons for the world to take unprecedented measures to combat the spread of the lethal COVID-19 virus. This petitioner is locked down at the Federal Correctional Institution at Elkton. At that prison, the COVID-19 pandemic has struck with a vengeance, killing nine people and infecting almost 500 prisoners by some estimates and many staff. Approximately 25% of the inmates have tested positive for the virus. The question before this court is whether a federal prisoner who has been identified by the Bureau of Prisons as medically vulnerable to this deadly virus and who has petitioned this court for compassionate release has extraordinary and compelling reasons to justify his request pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). For the reasons that follow, Defendant Ralph White’s Motion for Immediate Compassionate Release, [ECF No. 405], is GRANTED.

Author:
Joseph R. Goodwin
United States of America v. Kyle Thompson 05/05/2020
2:18-cr-00105

Memorandum Opinion and Order

Pending before the court is Defendant Kyle Thompson’s Motion to Reduce or Modify Sentence Pursuant to 18 U.S.C. § 3582(c), based largely on the current public health crisis resulting from the COVID-19 pandemic. [ECF No. 69]. The exigencies of this situation are global with regard to federal detainees. The statutory preclusion is such that the court finds it more appropriate to deal with this Motion without further briefing or filings. For the reasons that follow, the Motion is DENIED without prejudice.

Author:
Joseph R. Goodwin
Baxley et al. v. Jividen et al. 04/08/2020
3:18-cv-1526

Memorandum Opinion and Order

Presently pending before the Court is Plaintiffs’ “Emergency Motion for Preliminary Injunction Regarding Defendants’ Prevention, Management, and Treatment of COVID-19.” Mot. for Prelim. Inj., ECF No. 161. Defendants timely filed a Response in Opposition, Resp. in Opp’n, ECF No. 168, and Plaintiffs did the same with their Reply, Reply, ECF No. 173. The parties also provided supplemental information to the Court, which has all been filed under seal. See Exs., ECF -2-  No. 181. The Court held a hearing on Plaintiffs’ Motion on April 6, 2020 and determined that the issues had been adequately presented through the parties’ submissions and oral argument, and therefore dispensed with the need for further witness testimony. Video Mot. Hr’g, ECF No. 180. For the reasons set forth below—as well as for those announced on the record at the hearing—the Court DENIES Plaintiffs’ Motion.

Author:
Robert C. Chambers
Dakota Nelson, et al. v. Mac Warner, et al. 03/17/2020
3:19-cv-00898

Memorandum Decision and Order

This suit challenges the constitutionality of a West Virginia law mandating that the party whose candidate for president received the most votes in the last election be listed first on ballots for partisan offices. Defendant Vera McCormick, Clerk of Kanawha County, now moves to dismiss. For the reasons below, the Court DENIES her Motion.

Author:
Robert C. Chambers
Michael Walker v. B.E. Donahoe et al. 03/02/2020
3:18-cv-1523

Memorandum Decision and Order

Responding to a 9-1-1 call, Brian Donahoe and Brandon Pauley of the Putnam County Sheriff’s Department stopped Michael Walker while he was walking down a road openly carrying an AR-15-style rifle. Walker alleges Donahoe seized him in violation of the Fourth Amendment and that Pauley is liable for not intervening. The parties now cross-move for summary judgment. Because Donahoe had reasonable suspicion to stop Walker and run a criminal history check, the Court grants summary judgment in the defendants’ favor.

Author:
Robert C. Chambers
United States of America v. Brandon Carter 02/25/2020
2:19-cr-00078

Memorandum Decision and Order

On February 20, 2020, I sentenced Defendant Brandon Carter to a term of imprisonment of 30 months, followed by 3 years of supervised release. [ECF No. 39]. At Defendant Carter’s sentencing hearing, he objected to the calculation of his base offense level under the United States Sentencing Guidelines (the “Guidelines”), arguing that the Guidelines do not include “attempt” offenses in the definition of a “controlled substance offense.” I ORDER the objection sustained based on the reasons given at the sentencing hearing and those that follow.

Author:
Joseph R. Goodwin
United States of America v. Jason Wattie Buzzard 02/15/2020
2:19-cr-00022

Memorandum Decision and Order

Pending before the court is Defendant Jason Buzzard’s objection to a four-level enhancement under United States Sentencing Guidelines (“U.S.S.G.”) § 2K2.1(b)(6)(B). In accordance with my ruling at the January 17, 2020 Sentencing Hearing and for the reasons stated herein, the objection is SUSTAINED.

Author:
Joseph R. Goodwin
Tammy Sherrell Wilson v. United States, et al. 02/03/2020
3:18-cv-00890

Memorandum Opinion and Order

Pending is Plaintiff's Motion to Amend and Join Additional Parties. (ECF No. 68). The defendants have filed memoranda in opposition to the Motion. For the reasons that follow, the Court GRANTS Plaintiff's Motion, in part, as it applies to some of the proposed defendants. The remaining defendants are addressed in the Proposed Findings & Recommendations filed contemporaneously with this Memorandum Opinion and Order.

Author:
Cheryl A. Eifert

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