Memorandum Opinion and Order
Pending before the Court is the government’s motion to amend its answer. For the reasons set forth below, the Court GRANTS the motion.
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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.
3:00-cv-00009
Author:
Robert J. Staker
5:00-cv-00998
Memorandum Opinion and Order
Pending is Petitioner’s application under 28 U.S.C. § 2241 for a writ of habeas corpus based on a challenge to his sentence pursuant to Apprendi v. New Jersey, 120 S.Ct. 2348 (2000). The petition was previously referred to the Honorable Mary S. Feinberg, United States Magistrate Judge, who has submitted her Findings and Recommendation pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B). Petitioner has filed objections to the Findings and Recommendation. Following de novo review of Petitioner’s objections, the Court DENIES the application with prejudice.
Author:
Charles H. Haden II
2:99-cv-00235
Memorandum Opinion and Order
Pending is the plaintiffs’ Motion to Exclude Changes in Deposition Testimony of Defendant Larry Cline. Larry Cline (“Cline”) gave a deposition on November 23, 1999. He filed an errata sheet for that deposition on October 6, 2000, making substantive changes to his testimony. Pursuant to Rule 30(e) of the Federal Rules of Civil Procedure, the court FINDS that, although Cline’s errata sheet was timely filed, he has failed to provide any reasons for his changes as required by the rule. Accordingly, the plaintiffs’ motion is GRANTED.
Author:
Joseph R. Goodwin
5:97-cv-00600
Proposed Findings and Recomendation
This is an action seeking review of the final decision of the Commissioner of Social Security denying the Plaintiff’s application for disability insurance benefits (DIB) and supplemental security income (SSI), under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401-433, 1381-1383f. By standing order, this case was referred to this United States Magistrate Judge to consider the pleadings and evidence, and to submit proposed findings of fact and recommendation for disposition, all pursuant to 28 U.S.C. § 636(b)(1)(B). Presently pending before the court are the parties’ cross-motions for judgment on the pleadings.
Author:
Mary S. Feinberg
5:99-cv-00485
Memorandum Opinion and Order
Pending is Petitioner's petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241. The petition was previously referred to the Honorable Mary S. Feinberg, United States Magistrate Judge, who has submitted her Findings and Recommendation pursuant to the provisions of 28 U.S.C. § 636(b)(l)(B). Petitioner has filed objections to the Findings and Recommendation. Following a de novo review of the portions of the Magistrate Judge's Findings and Recommendation to which Petitioner objects, the Court concludes Petitioner's objections are without merit.
Author:
Charles H. Haden II
2:98-cr-00185
Memorandum Opinion and Order
Pending is a letter-form request by Ronald Bumpus for transcripts of (l) jury instructions given by the court; and (2) his sentencing proceeding at the conclusion of his criminal trial. The Court DENIES the request without prejudice.
Author:
Charles H. Haden II
2:00-cv-00073
Memorandum Opinion and Order
Pending are (l) separate motions to dismiss filed by Defendants (a) Elizabeth s. Lawton, Darrell w. Peters, and Joan E. Ohl, (b) Darrell McGraw, and (c) Citibank N.A.; (2) Plaintiffs' motion for oral argument; and (3) Defendants' motions to stay discovery pending disposition of their dispositive motions.
Author:
Charles H. Haden II
2:94-cr-00089
Memorandum Opinion and Order
Pending is Defendant's motion for restoration of his right to possess a firearem.1 The Government has not responded. Lacking jurisdiction, the Court DENIES the motion.
Author:
Charles H. Haden II
3:00-cr-00063
Memorandum Opinion
A jury convicted Noah Junior Lowe (hereinafter "Lowe") of the charges contained in a two count indictment. Count one charged Lowe with conspiracy to knowingly and intentionally distribute marijuana and valium, and count two charged Lowe with attempting to possess with intent to distribute marijuana.1 Lowe stands convicted of 21 U.S.C. § 846 violations. Section 846 provides that: "[a]ny person who attempts or conspires to commit any offense defined in [the Controlled Substances Act] shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy." The offenses that were the object of the conspiracy, in count one, and the attempt, in count two, are violations of § 841(a), the penalties for which are found in § 841(b).2
Author:
Joseph R. Goodwin
5:00-cv-00863
Memorandum Opinion and Order
Pending are 1) Plaintiffs' motion to remand this action to the Circuit Court of Raleigh County, West Virginia, and 2) Indigo Financial Services' motion to dismiss for failure to state a claim for which relief can be granted. Because Plaintiffs filed a Notice of Dismissal against the previously named Defendant Indigo Financial Services, a notice which was attached to Plaintiffs' Second Amended Complaint, filed in Raleigh County prior to removal, the Court GRANTS the second motion and dismisses the complaint as to Indigo Financial Services and, for reasons discussed below, Omni Financial Services, L. L. C. , the recently substituted Defendant. Plaintiffs' motion to remand is DENIED, as well.
Author:
Charles H. Haden II