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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.
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.
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.
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
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.
Memorandum Opinion and Order
On October 19, 2000, and with the consent of the parties, the court consolidated the plaintiffs' motion for preliminary injunction with a trial on the merits pursuant to Federal Rule of Civil Procedure 65(a)(2). Neither party objected to the consolidation. The plaintiffs submitted the issue on oral argument and brief; the defendant submitted the issue on oral argument. The court ORDERED a permanent injunction, which prevented the defendant from refusing to certify the plaintiffs, Phillips and Frazier, as official write-in candidates for the offices of President and Vice President of the United States provided that such plaintiffs filed a certificate of announcement before October 24, 2000. Further, the court DENIED AS MOOT plaintiffs' motion for preliminary injunction. The court now writes to explain its decision.
Memorandum Opinion and Order
Pending is Defendant W.K. Marshall's motion for summary judgment. The Court GRANTS the motion and DISMISSES the case.
Memorandum Opinion and Order
Petitioner, Constance F. Cunningham (“Cunningham”) was formerly a registered nurse at a hospital in Indiana. She acknowledges having once been addicted to Demerol, a Schedule II controlled substance administered in hospitals as a powerful painkiller. Cunningham was charged with removing Demerol from syringes stored in a locked cabinet at the hospital where she worked and concealing the removal by substituting a saline solution for the Demerol. A jury convicted her of violating 18 U.S.C. § 1365(a) which forbids tampering with a consumer product “with reckless disregard for the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk.”
Memorandum Opinion and Order
Pending are the parties' cross motions for summary judgment. The Court GRANTS the motion of Defendant Community Health Association, d/b/a Jackson General Hospital (Hospital). Plaintiff's motion is DENIED.
Memorandum Opinion and Order
Pending is Plaintiff's motion for summary judgment. The Court GRANTS the motion.