Memorandum Opinion And Order
Pending is Defendant Mark T. Radcliffe's Motion to Reconsider [ECF 1345], filed on July 25, 2024. The Government filed no response in opposition. The matter is ready for adjudication.
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5:24-cv-00256
MEMORANDUM OPINION AND ORDER
Pending is Defendant William Greg Newcomb’s Motion to Remand, or in the Alternative, to Dismiss for Lack of Subject-matter Jurisdiction [ECF 19], filed November 29, 2024. Plaintiff Danielle Sheppard responded in opposition on December 12, 2024. [ECF 21]. Mr. Newcomb did not reply. Also pending is Mr. Newcomb’s Motion to Stay Discovery [ECF 25], filed April 8, 2025, to which Ms. Sheppard responded in opposition on April 13, 2025, [ECF 26]. The matters are ready for adjudication.
Author:
Frank W. Volk
2:13-CR-91-7
Memorandum Opinion And Order
Pending are Defendant Jamaa I. Johnson’s Motion for Appointment of Counsel [ECF 1093], filed December 3, 2024, and Motion for Compassionate Release [ECF 1094], filed February 7, 2025. The United States responded to the Motion for Compassionate Release on February 24, 2025 [ECF 1097]. The matters are ready for adjudication.
Author:
Frank W. Volk
3:19-cv-00710
Memorandum Opinion and Order
This court cannot take over the foster care system of West Virginia. Constitutional limits prevent the court from crafting public policy and administering state agencies. West Virginia’s foster care system has cycled through inaction, bureaucratic indifference, shocking neglect, and temporary fixes for years. The blame squarely lies with West Virginia state government. When elected officials fail, the ballot box is the remedy.
Author:
Joseph R. Goodwin
5:24-cv-00274
Memorandum Opinion And Order
Pending is Intervenor Defendant South Fork Coal Company, LLC’s (“South Fork”) Motion to Dismiss [ECF 42], filed August 2, 2024. Plaintiffs Center for Biological Diversity, Appalachian Voices, Greenbrier River Watershed Association, Kanawha Forest Coalition, Sierra Club, and West Virginia Highlands Conservancy (collectively “Plaintiffs”) responded in opposition [ECF 46] on August 16, 2024, to which Intervenor Defendant replied [ECF 47] on August 23, 2024.
Author:
Frank W. Volk
5:24-cv-00456
Memorandum Opinion And Order
Pending are Defendant Ryan Bailey’s Motion to Set Aside Entry of Default by Clerk [ECF 15], filed November 15, 2024, and Defendant RKB, Inc.’s (“RKB”) Motion to Set Aside Entry of Default Pursuant to Rule 60 of the West Virginia Rules of Civil Procedure [ECF 17], filed November 26, 2024. Plaintiff United States of America (“Plaintiff”) responded in opposition to the motions [ECF 18] on November 27, 2024.
Author:
Frank W. Volk
5:22-cr-00182
Memorandum Opinion And Order
Pending are Defendant Christopher Smyth's (1) Sentencing Memorandum [ECF 139], filed August 15, 2024, and (2) Supplemental Sentencing Memorandum [ECF 148], filed December 9, 2024. Mr. Smyth objects to the Presentence Investigation Report's ("PSR") failure to recommend a downward departure under U.S.S.G. § 5K2.11.
Author:
Frank W. Volk
5:22-cr-00179
Memorandum Opinion and Order
On October 25, 2024, the Court convened for sentencing. The Court imposed sentence but deferred judgment on the matter of restitution pending the parties’ briefing on the issue. The parties timely submitted their briefs without request for a hearing. [See ECF 73, 74].
Author:
Frank W. Volk
2:20-cv-00732
Memorandum Opinion And Order
Pending before the court is a Joint Motion to Dismiss Relator’s First Amended Complaint, filed by Defendants Charleston Hospital, Inc., Herbert J. Thomas Memorial Hospital Association, THS Physicians Partners, Inc., Thomas Health System, Inc., and Brian Ulery (“Defendants”), [ECF No. 56]. Relator Liesa Kyer (“Relator”) responded, [ECF No. 60], and Defendants timely replied, [ECF No. 61]. For the reasons stated herein, Defendants’ Motion to Dismiss is GRANTED.
Author:
Joseph R. Goodwin
5:22-cr-00179
Memorandum Opinion And Order
Pending are Defendant Carl Thomas Mullins’ (1) Sentencing Memorandum [ECF 62], filed May 3, 2024, and (2) Supplemental Sentencing Memorandum [ECF 65], filed June 12, 2024. Mr. Mullins objects to the Presentence Investigation Report’s (“PSR”) application of U.S.S.G. § 2K2.1(a)(6)(A) in calculating his Base Offense Level.
Author:
Frank W. Volk